Can you use the same company name as someone else?
You can often use the same business name in your own state or another state, if it is not in the state where the business name is filed, and it doesn’t violate trademark rules
.
Can you name your company the same as someone else?
So,
your company can have the same name as another company, and vice versa, with no claims of trademark infringement
. However, if your business is using a company name that’s the same as another incorporated company, there could be grounds for a legal dispute, and you may not be able to legally use the business name.
Can there be two companies with 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 already exists?
Can a company use the same name as another company?
Using the same name as another business will typically not be acceptable when: You sell different products or services but operate within the same industry as another company
. The name is in use by a major national brand, regardless of industry. The other business registered for trademarks before you did.
What happens if you name your company the same as another?
If your exact business name is taken by another company,
your state’s Secretary of State will not permit duplications
so as to avoid confusion. 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 copies your business name?
If you notice someone is copying your business name, logo, or content,
reach out and let them know first
. This doesn’t have to be a harsh interaction. In fact, you can send a pleasant email, giving the person notice that they are “infringing on your intellectual property” and that you would like them to stop.
How can I check if a business name is taken?
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.
Is my business name copyrighted?
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 and choose “Search trademarks.” Then follow the instructions you see on the screen. Check state trademark databases.
Can the same name be trademarked twice?
The short answer is, “
it depends
.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.
Can I trademark someone else’s business name?
The short answer is—
in theory, yes, but in reality, no
. If you don’t have a trademark on your name, someone else can research the United States Patent and Trademark Office (USPTO) database and find an available name.
Can you get sued for copying business 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 someone steal your company name?
Anyone can snatch up a business name and use it for their own business
. There’s no one uniform database or agency that ensures only one business is using a specific business name. That’s how we often see very similar company names that aren’t related by franchise or corporate ownership from one state to another.
How do I make sure nobody steals my business name?
Your brand is your company’s identity, so it’s critical to
secure it with a trademark
, which prevents someone from improperly using your business name or branding. To get a trademark, you’ll need to file an application with the United States Patent and Trademark Office (USPTO).
How do I trademark a name for free?
You can not register a trademark for free. However,
you can establish something known as a “common law trademark” for free, simply by opening for business
. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.
How do I protect my business name?
Trademark Your Business Name
The most effective way to protect a business name is to
register it as a trade mark
. A trade mark gives you exclusive legal rights to use your business name in relation to your goods or services or closely related goods and services.
How do I know if a business name is trademarked?
Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in. Click on the trademarks tab and then click on public search
. There are 3 search criteria available – Wordmark, Vienna code, and Phonetic.
What is the cheapest way to trademark?
The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is
online, through the USPTO’s Trademark Electronic Application System (TEAS)
.
How much does it cost to trademark?
The cost of registration per application is about
Rs. 4000
. If any person is registering its brand or register logo under many categories, then he/she have to pay Rs. 4000 per category.
Can I trademark my name?
Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows.
You can start the trademarking process on the U.S. Patent and Trademark Office’s website
. The application can be completed fairly quickly, but the entire process may take several months.
Are people’s names copyrighted?
No. Names are not protected by copyright law
. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office,
[email protected]
or see Circular 33 “Copyright Protection Not Available for Names, Titles, or Short Phrases”.
Should I trademark or copyright my business name?
A trademark can protect your name and logo in case someone else wants to use them for their own purposes
. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company’s intellectual property, such as your logo.
Can 2 companies have the same name in different countries?
Legally,
there should not be any issue with companies of the same name in different countries
.
Can 2 businesses have the same address?
A:
If you are legitimately operating multiple, legally distinct businesses, you can typically create a Google My Business listing for each of them
. It’s not at all uncommon for more than one business to be located at a shared address. However, keep reading for further details and provisos.
