How Do You Stop Someone From Using Your Business Name?

To be sure no one improperly uses your business’s name or branding, you need to

obtain a trademark

. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.

What do you do if someone uses your business name?

1. File a DBA or Register a Business Name. One of the most effective ways to protect your company name within your state is to complete the formal process of creating a corporate entity under your state’s laws. …
2. Trademark a Business Name. …
3. Copyright a Business Name. …
4. Register Your Domain Name.

What to do if another business is using your name?

If you discover that another business or person is using your business name, you can

file a civil lawsuit against that business or person

. In the lawsuit, you must show that you have used the trademark in commerce.

Can 2 businesses have the same name?

Can Two Companies Have the Same Name?

Yes

, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

Can I use a business name that someone else is using?

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.

Does registering a company protect the name?

Incorporating a new company will prevent other businesses from registering the same, or a very similar, company name to yours. A trade mark is a sign which can distinguish your goods and services from those of your competitors.

Registering a company name does not automatically protect it by

trade mark law.

Can there be two LLC with the same name?

Can Two LLCs or Companies Have the Same Name?

Yes, with some exceptions

. … Others can form LLCs and businesses in other states that have the same name as yours. If you want to protect your business name across all states, you will need to trademark it.

How do I report someone using my business name?

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 is the difference between a trading name and a 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.

How do I own my business name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is

on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov

.

Can I protect my company name as a sole trader?

You can protect your name in a variety of ways. Even if you are trading as a sole trader or partnership, the

company name can remain dormant until

you wish to change your trading status. Protecting your rights is easier and less expensive if you have a formal monopoly on a particular trademark.

Can my LLC be my name?

Limited liability companies can use personal names in a variety of ways: first names, last names, initials plus a last name, or a personal name that’s only part of the business name, such as “Joe’s Bar and Grill.” You can also form an LLC under a different name and use your personal name as your DBA or “

doing business

…

Does my LLC name have to be the same as my business name?

Cannot match an existing LLC name –

Your LLC name must be unique to your company and cannot be the same as

one already registered with your State. Cannot contain words for other business entity types such as DBA, incorporated or corporation – which would be misleading to consumers.

What happens if someone trademark your business name?

The answer is that a registered trademark

gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration

, and allows you to enforce your trademark by filing a lawsuit in federal court.

Can you sue someone for using your company name?

If a business name is not registered, you will need to find out who owns the business. If you cannot do this, you can

make a claim against the

business name but you will need to amend the statement of claim form after you find out the name and address of the owner of the business.

Should I use my name in my business name?

Using

your own name

maximizes the value of your personal credibility as a respected and reputable supplier in your market. … Makes your business memorable: Your own name is so specific that it helps people remember your company, especially if they already know you as an individual or if your name is distinctive.