Can you use the same company name as someone else?
When You Cannot use a Similar or Exact Name If there is any potential for consumer confusion, you will not be able to use the same name as another company. Using the same name as another business will typically not be acceptable when: The other business registered for trademarks before you did.
Can I sue someone for using a similar business name?
Can I Sue Someone for Using My Business Name? If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.
What do you do if someone is using your business name?
If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.
How do you stop a company from using your name?
Legal Remedies A cease-and-desist letter is the first remedy to use if you have not given consent for another business to use your name. It must be carefully worded, so the other business is more willing to comply. Unless you are prepared to take it to court, you should keep the tone neutral and polite.
Can someone use my business name?
If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.
How do I make sure no one can steal my business name?
To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.
What happens if someone trademark your business name?
The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.
Should I get a trademark or LLC first?
In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.
Should I copyright or trademark my business name?
A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company’s intellectual property, such as your logo.
Should I trademark my small business name?
Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.
Can I register a trademark without a company?
There’s no legal requirement for you to register a trademark. Using a business name can give you ‘common law’ rights, even without formally registering it.
Can an LLC own a trademark?
There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.
Is an LLC the same as a trademark?
When you own a small business, your name is everything. If you’ve formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.
Who owns a trademark?
Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.
How long is my trademark valid?
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