Question: Can Someone Steal Your Business Name?

How do I know if a business 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..

Is my brand name taken?

Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.

When should you trademark your business name?

Registering a business name is a legal obligation, if you choose to identify your business with a name that is different to the name of the legal entity that owns the business. Registering a trademark is a choice you make as part of a branding strategy for your products and services.

How do I keep someone from using my business name?

Though registering a trademark or service mark is the best way to protect your business name, some protection is still afforded to you if you have not registered. Perform a trademark search to make sure you are the only one using the name. If so, immediately begin using your business name in your advertisements.

You can get a trademark, service mark, and maybe even a design patent on some manifestations of a logo, but not copyright. If you haven’t trademarked a logo then you cannot prevent someone else from using it. … If you haven’t trademarked a logo then you cannot prevent someone else from using it.

Can someone use the same business name?

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.

Can two businesses 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.

Can I sue someone for stealing my business idea?

An idea by itself is not protectable. … Ideas alone are not protected under intellectual property law. There are two primary ways that you would be able to sue the company for stealing your idea. The first is if you did, in fact, reduce the idea to a protectable form before telling the company about it.

How do I protect my small 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.

How do I make sure no one steals my 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 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.

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.

How do I protect my business?

Ensure the foundation of your business is secure by following these steps:Establish employment agreements. … Apply for trademarks, patents & copyrights. … Secure your information. … Sign confidentiality agreements. … Incorporate your business.

Can I use a company name that already exists?

Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours.

Does an LLC protect my business name?

When you incorporate, form an LLC, or file a DBA (Doing Business As), this process registers your business name with that state’s secretary of state. Once approved, the business name is yours and yours alone to use within that state.

Can someone steal your brand?

If you have a unique brand name or logo, protect it. 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.

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.