How do I legally protect my business name?
Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.
Is it worth trademarking a business name?
Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. If you do not protect your trademark by registering it, then you may find you are legally prevented from expanding your business.
Can 2 businesses have the same name?
Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
How do I make sure nobody steals 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 can you do if someone uses your business name?
Trademark. Trademarking your business name gives you more protection than just registering it. Once you’ve trademarked it, you can sue anyone who infringes on it. Even a name that’s not identical can infringe if it’s close enough to confuse your customers.
How do I make sure no one steals my logo?
Hire a business lawyer to help you register your business logo on a federal level, through the United States Patent and Trademark Office. While you have the option of registering it on a local level, federal registration offers the best protection against your logo being stolen by another business.
Do I need to copyright my business name?
Registering a business name is a legal obligation, if you choose to identify your business with a name that is different to the name of the legal entity that owns the business. Registering a trademark is a choice you make as part of a branding strategy for your products and services.
What happens if someone trademarks your business name?
If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. … If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy.
Can you start a business without a trademark?
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. … For example, if someone happens to be using your company name as their Twitter handle.
What if another business has the same name?
If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours. … Essentially, if your name is likely to cause consumer confusion because it’s the same or like another business name, then you cannot use that name.
Can I use a company name that already exists?
If a company name already exists as a trademark, you can’t use it even if the company doesn’t operate in your state. … This search is especially important because failure to check existing trademarks could result in charges of willful infringement of a company’s trademark rights.
Can there be two LLC with the same name?
Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. … Others can form LLCs and businesses in other states that have the same name as yours. If you want to protect your business name across all states, you will need to trademark it.