Quick Answer: How Do I Know If A Business Name Is Trademarked?

Do I need an LLC if I have a trademark?

To register a trademark, you’ll need to file an application with the U.S.

Patent and Trademark Office.

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..

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.

How do I find out if someone has my business name?

To do this, simply go down to your county clerk’s office and see if the name is registered or on a list of fictitious names for businesses (in a few states, there is a statewide fictitious business names database that your county clerk can find and inform you).

How do I find out if a business is still active?

Contact your state’s Department of State. The Department of State registers business entities and maintains old business information for any business in its jurisdiction. Find your state’s Department of State office either through an online search or by going to the National Association of Secretaries of State website.

How do you know if something 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.

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 a name if it is trademarked?

The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.

Can your business have the same name as another?

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 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.

Yes. A logo that includes artistic or design elements, (i.e. not just the name on its own), is legally regarded as being a work of artistic creation and therefore will be protected under copyright law. Copyright protects the logo as an artistic work.

Can I sue someone for using my trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

How much does it cost to get a name trademarked?

Trademark application: with picklist, $250 per class or without picklist, $330 per class. Series Trademark application: with picklist, $400 per class or without picklist, $480 per class.

Should a business name be copyrighted or trademarked?

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company’s name and its product names, brand identity (like logos) and slogans.

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 if someone is using 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.

Can there be two trademarks 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). 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 check if a name is copyrighted?

You can perform an online copyright search at the U.S. Copyright Office website for registered works. Note, however, that most copyrighted works are not formally registered and do not show up in the search. Many names may turn up as a result of the search.