What Happens If Someone Trademarks Your Business Name?

Can someone use the same business name?

You can often use the same business name in your own state or another state, if it is not in the state where the business name is filed, and it doesn’t violate trademark rules.

This is common practice for smaller local businesses.

However, this depends on what you mean by “business name”..

Can two products have the same name?

Is there any legal issue with unrelated products having the same name? You are much better off reading into Trademark law than asking a bunch of strangers on the internet honestly. Yes, two companies can co-exist, in separate fields with the same name. For example Apple Computers, and Apple Records, is fine.

How do I protect my business idea?

Four Ways to Protect Your Business Ideas: Patents, Trademarks, Copyright, and Trade SecretsPATENTS. There are three types of patents in the U.S.: utility patents (90% of all patents); design patents, and plant patents. … COPYRIGHT. … TRADEMARKS. … TRADE SECRETS.

Can two businesses have similar names?

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). The guiding principle is consumer confusion. If the two marks identify different products and operate in different markets, consumers are not likely to be confused.

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

What does it mean if a business name is trademarked?

A trademark is a sign, mark, or indicator used by an individual, business, or organization to identify a product or service as its own and to distinguish the product or service from those of its competitors. A business name generally can be protected as a trademark under federal and state trademark law.

How do you stop someone from using your business name?

How to Protect Your Brand and What to Do If Someone Steals itProtect your unique brand name / logo. If you have a unique brand name or logo, protect it. … Make a paper trail. … Watch for trademark violations. … Keep your domain. … Trademark your new name BEFORE releasing it. … Register your new domain. … Announce the change.

A business name does not give you exclusive trading rights or ownership over that name. … Registering a business name will not stop someone who has registered the name as a trademark from using it. In fact, using a business name that is similar to someone else’s registered trade mark could cause you legal problems.

What do you do if someone is using 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.

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 need to trademark my brand?

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.

Is my brand name taken?

Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.

Can you sue someone for using 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 much does it cost to trademark business name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO’s Trademark Electronic Application System (TEAS).

The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it’s not trademarked.

Does an LLC need a trademark?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. … While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments.

Can I use the word uber in my business name?

Because it is the contracting business it may be okay, but you really need to do a more thorough search to see what uber marks exist to see if they exist in your chain of commerce. Many of us offer free initial consultations, why not use one.

How do I know if a business name is trademarked?

It’s a good idea to patent and trademarks your business so no one can take your great ideas from you. Use the USPTO’s free trademark database and to get yours registered. Simply go to http://www.uspto.gov/main/trademarks.htm and click “Search.” Then follow the instructions you see on the screen.