- How do I make sure my business name isn’t taken?
- Can there be two companies with the same name?
- Can there be multiple LLC with same name?
- Can I use a name for a business that already exists?
- What do you do if someone is using your business name?
- What if my business name is similar to another?
- Can I trademark a name already in use but not trademarked?
- Can multiple companies use the same DBA?
- Can someone use my LLC name?
- How do I make sure no one has my business name?
- Should I copyright my business name?
How do I make sure my business name isn’t taken?
Use the USPTO’s free trademark database.
To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen..
Can there be two companies with the same name?
Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). … However, if the business operate in overlapping markets and have similar names, there are a series of factors we must consider to determine who has priority.
Can there be multiple LLC with same name?
Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. When you’re forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours.
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.
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.
What if my business name is similar to another?
Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. … 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 trademark a name already in use but not trademarked?
A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.
Can multiple companies use the same DBA?
A “doing business name” or “DBA” is an assumed name that a company uses, which differs from its legal name. Governed by state law, some states will not allow two businesses to use the same DBA. This is why LLCs need to submit a DBA application.
Can someone use my LLC 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 has my business name?
Contact the Secretary of State’s Office in your state to register your business. Registration is required of corporations, partnerships and limited liability companies. States keep records of registered businesses and offer searchable databases to prevent others in the state from using the same name.
Should I copyright my business name?
If you are using your business name as your trademark, you can also register your business name as a trademark. Registering your trademark will give you exclusive rights to it in Canada for at least 15 years (you can renew it indefinitely as long as it is still being used).