Question: Can I Have The Same Name As Another Business?

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..

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.

How do you check 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.

What do you do if someone copies your business name?

You can apply to a company names adjudicator to have a Ltd company name removed from the Companies House register because it’s the same name, or so similar as to mislead and confuse. You can also take them to court for trade mark infringement or for ‘passing off’ if you haven’t trade marked your name.

Is my brand name taken?

You can go directly to Trademark Office and use their search engine Trademark Electronic Search System (TESS). The searches are free of charge, faster and often more up to date than commercial services. In the US the registration of companies is a duty of the states.

Can 2 businesses have 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.

What happens if you have the same business name as someone else?

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.

What is the difference between trading name and business name?

A ‘trading name’ refers to an unregistered name that businesses could use before the introduction of the National Business Names Register on 28 May 2012. A trading name is not a registered business name. If you wish to continue using a trading name, you need to register it as a business name.

What is the difference between registering a business name and a company?

The difference between a trading name, business name and company name. A business name is simply a name under which you conduct a business. … A company is a separate legal entity registered with ASIC.

Can two clothing brands have the same name?

While there are circumstances in which two different clothing companies can use the same name. because they sell different products in different geographical…

Can there be companies with 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 someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context. Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged.

How do I protect the name of my business?

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 U.S. from using your trademarked names.

Can someone steal your business name?

It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. You can do this online through a number of services or hire an attorney. … However, you can probably trademark a combination of words, such as “Biz Tipz for You”.