Using "University" in Business Name?

What is the name of your state (only U.S. law)? Texas

Quick question: Can I use the word "university" in my business name? For example, "BizHelp University".

It is just a 6 month training course online for people - not anything accredited. I can't see anything the prohibits using words like that in Texas as long as you aren't offering fake diplomas or college credits and saying it is accredited...

Thanks in advance!

The word "university" is reserved for institutions of higher learning in many (most?) states under their state education laws. The use of the word "university" can also be limited by state consumer protection laws. Trademark law, however, does not prohibit its use in a name.

To give a widely-publicized example, Donald Trump in 2005 created his Donald Trump University, an online "education" center which offers online real estate and management classes. It is not accredited, there are no college credits available for transfer, and no degree is proffered. Shortly after its creation, the New York Department of Education (along with Maryland's Department of Education) informed Trump that his use of the word "university" was both "misleading and illegal" under state law. Trump was forced to change the name of his online class offerings. His "university" is now called Trump Entrepreneur Initiative.

As an aside, student complaints over Trump's online classes have led to investigations into its operations and has spawned at least one civil suit. As another aside, "Entrepreneur Magazine" is trademarked and Entrepreneur Magazine has sued in the past (unsuccessfully) over the use of the word "entrepreneur" by others. I don't know if they have attempted to sue Trump, however.

Generic names on their own cannot become registered trademarks. Words like university, college, bank, clinic, church, and law office cannot on their own be registered by any one company. The trademark owner if allowed to have such a mark could potentially prevent others from using these words in their names. But, even though university cannot become a registered trademark and would therefore be free to use without infringing on the rights of another, there are other laws that may come into play when generic words such as these are used for a business. Prohibitions and restrictions may apply.

When naming your business, you will want to be careful not to infringe on anyone else's trademarked business name, so this will take some investigation on your part. You also need to be aware of laws, both state and federal, that may affect the naming of your business. And you must avoid misleading or deceiving consumers into thinking your business is something it's not.

I strongly recommend that you look for a name for your business that does not include the word university. Consulting with an attorney in your area is always wise and advised when starting any new business. A new business is challenging enough without adding in any unnecessary legal complications.

Good luck.

California use of word University and other similar words

I have a few follow up guestions to this thread. I also would like to use the word "University" for an online set of courses. I am located in California

1. Do you know the laws in California or where I can find the restricted words?
2. If I can use it in California, and I am an internet company selling across the country do laws of all states apply meaning California may not prevent me but since I am selling online in NY those state laws would prevent me?
3. If I can't use it in the name can I use the word in a tag line? Is that different?

Thanks
Tyler

Hey, tylerwjensen. This forum generally prefers that old threads are not revived. Instead, it prefers that all new questions are asked in a new thread instead of being tacked on to an old one.

With that said, and seeing as how this is a short thread that can handle another question:

You can look to the California Secretary of State for the answers to your questions. Visit http://www.sos.ca.gov. You can check out Title 2, Division 7, Chapter 8.5, California Code of Regulations, to find Business Entity Name Regulations, Requirements and Restrictions.

Section 21002 talks about "same or deceptively similar names" and section 21005 addresses "names that are likely to mislead the public."

Using the word "university" in your business name, when it is not a state recognized university, can create difficulties for you, not only in California but also in most if not all other states.

As I mentioned to BizHelp, the word "university" in and of itself is not a rights-protectable word. You can use the word university, just like you can use the word bank and church and law office. You just cannot use these words as business names if you are not a university, a bank, a church or a law office.


edit: Hmmm. It now appears that I was talking to myself. Where did you go, tylerwjensen?