Building Your Business on Social Media? What to Lock Down Before You Buy a Domain

It's also easy to mix up registering a name with owning it as a brand. The U.S. Patent and Trademark Office (USPTO) says that registering a domain name doesn't give you any trademark rights. A few simple steps now can save you from a costly rebrand later.

Who controls your social media account?

When you sign up for a platform, you accept its terms of service. That's a contract. Terms differ from platform to platform, but they often say:

• You keep your content, but you license it. You usually own what you post, while giving the platform permission to use it.
• The platform controls the account. It can often suspend or remove an account, sometimes with little notice.
• Transfers may be limited. Some platforms restrict selling or handing off an account.

If your income depends on one account, a suspension can stop it fast. It helps to keep copies of your content and a way to reach your customers outside the platform.

If a freelancer or friend helps run your account, put in writing who owns it and who holds the login. That's the simplest answer to "who owns my business social media account?"

Is your business name actually protected?

Several different things protect different parts of your name:

• State business registration. This lets you do business under that name in your state. But the National Association of Secretaries of State and the International Trademark Association explain that it doesn't ensure your name is free of conflict with other parties' trademark rights. Business name approval also happens state by state.
• Domain name. This gives you a web address. As the USPTO notes, it doesn't give you trademark rights.
• Social media handle. This gives you an account name. Like a domain, a handle generally doesn't create trademark rights on its own.
• Trademark. This protects your name as a brand. You can have some rights just from using a name in business, but those rights can be limited and harder to prove. Federal registration with the USPTO can strengthen your protection.

Check whether your name is already taken before you build on it. The same NASS and INTA guide notes that other parties may already use similar names that take precedence over yours, and recommends searching before you register and use a name.

Questions to ask before investing more in your brand

• Do I own my account, followers, and content under the platform's terms? What can the platform do with my content?
• What happens to my income if my account is suspended? Do I have a backup way to reach my customers?
• Is my business name available as a handle, domain, and trademark? Has anyone else already claimed a similar name?
• Have I registered my business name with my state? Does my state require me to register a "doing business as" name?

What to do next

1. Read the terms for each platform you use. Note what they say about content, suspension, and transferring accounts.
2. Search your name everywhere. Check handles, domains, your state's business records, and the USPTO's trademark database.
3. Register your business name with your state. Consider claiming a domain even if you aren't building a website yet.
4. Put it in writing. If someone else helps run your accounts, document who owns what. Ask our AI legal assistant for a simple agreement starter, and talk to an attorney about trademark protection.

Protecting your name early costs far less than rebuilding a brand later. A few simple steps now keep what you're building firmly yours.