How do I protect my small business name?
Trademark Your Business Name The most effective way to protect a business name is to register it as a trade mark. A trade mark gives you exclusive legal rights to use your business name in relation to your goods or services or closely related goods and services.
How do you make sure no one can use your 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.
Does an LLC protect my business name?
Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state. However, there’s nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state.
What do you do if someone uses your business name?
Enforce Your Trade Mark Rights 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 I protect my business idea?
Business method trademark protect your business name by filing a trademark. be the first to market with your service, with strict quality control to generate a reputation in your trademarked name; and. keep evolving and marketing to stay ahead of your competitors and maintain the reputation in your trademark.
What happens if someone trademarks your 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.
Does registering a company protect the name?
Registering a business name will not stop someone who has registered the name as a trademark from using it. The obligation to register a business name is separate to protecting any intellectual property rights in a name or brand, such as registering a trademark.
Do I need to copyright my company name?
Business names Before you start operating, you must register a business name if you are trading under a name that is not your own. You cannot register a business name that is identical or too similar to the registered name of another Australian business or company .
Can someone else use my LLC name?
If someone else is already using your business name but they are formed in a different state, you may be able to use their name in your state if the name is not trademarked. If you find that someone else is using the name , check whether they have trademarked it.
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 .
Do I really need to trademark my logo?
By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.
Can 2 businesses have the same name?
A company cannot have the same name as another registered company . Any company formation or change of name application containing a company name that is the ‘ same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.
Can another business use the same name?
Generally, as long as no one else in your state is using that business name , you can call your company whatever you like. Names are doled out on a first-come, first-served basis. That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.
Can I use a name for a business that already exists?
A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can ‘t use it even if the company doesn’t operate in your state. To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system.