What Do You Do When Someone Uses Your Business Name?

Can you use the same brand name for different products?

And the answer to that is yes because when you register a trademark, you don’t get a monopoly over a word, phrase, or logo itself.

So as long as your products and services are completely different from the other registered trademarks you can safely use or even register that..

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 you use an LLC name that is inactive?

Names with an “Inactive” or “Inact” status are available for use. These are prior business names which have since expired and are now available to new businesses. … Your LLC name must end with the words “Limited Liability Company”, or the abbreviations “L.L.C.” or “LLC”. The abbreviation “LLC” is the most common.

How do I find out if a business is legitimate?

Look for specific things on the company’s website that may give away whether or not they are truly legitimate.Check spelling and grammar. … Check for a business address and landline number. … Check for a Privacy Policy. … Check for a company number. … Check the WHOIS database.

How do I stop someone else using my business name?

The trademark protects your business’s identity and prevents someone else from using similar words, names, or symbols to sell similar goods or services. You can trademark your name just by using it, but if you register the trademark, you will have documentation to back up your claim easily.

How do you know if I can use a name for my business?

In most states, the website of the state business filing agency includes an online entity name check tool. You can use the online tool to search business names and find out whether another business is already using the name you have chosen.

How do I protect my business name?

To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

What happens if two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

How do you know if a name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. 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.

How do you come up with a brand name?

6 Steps on How To Come Up With a Brand NameStep 1: Determine Your Brand’s True Purpose. … Step 2: Determine Your Brand Criteria. … Step 3: Determine Your Naming Strategy. … 10 Surefire Naming Strategies to Come Up With a Brilliant Brand Name. … Step 4: Pair the Brand Names With Descriptor Phrases and Taglines.More items…•

Can I use a name for a business that already exists?

DBA name registration applies only at the county or state level. A company can also register its name with the U.S. Patent and Trademark Office. 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.

Can two businesses have the same name?

The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you. … In general, within the same jurisdiction, you cannot have two company names that are the same.

A logo helps customers recognize and identify the company and distinguish it from competitors. A logo is one of the most common forms a trademark takes. A company does not need to trademark its logo; simply by using the logo in commerce, the company already has a trademark.