Quick Answer: How Do I Know If I Can Use A Business Name?

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..

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.

How do I find information on a business?

Here are a few resources and websites that may help you find the data on a particular business:Business and Company Resource Center. Access from Home – Use library barcode. … Reference USA. … Better Business Bureau. … Chamber of Commerce. … Hoovers Online.

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Can you use the same brand name for different products?

And the answer to that is yes because when you register a trademark, you don’t get a monopoly over a word, phrase, or logo itself. … So as long as your products and services are completely different from the other registered trademarks you can safely use or even register that.

How do you make sure no one can use 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 should I do if my business name is taken?

What To Do If Your Ideal Business Domain Name Is Already TakenTry an Abbreviated Variation.Use a Catchphrase, Slogan or Keyword.See If the Domain Is for Sale.Set Up Domain Monitoring.

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.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

How do I protect my business name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

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.

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.