Can I Use A Business Name That Already Exists?

Can two clothing lines have the same name?

Often two companies co-exist with similar names for several reasons.

baby clothing, or the other companies are in different jurisdictions and do not cross each others’ consumer base etc.

Legally, it is the trademark owner’s responsibility to enforce his/her trademark rights..

How long does trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

Do I need a lawyer to trademark a name?

No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO).

Can you use a business name without registering it?

You may not legally use your business name without first registering it as one of the many business entities recognized by your state and the IRS. … To avoid the extra time and expense of trying to register your business on your own, use an online business registration firm.

By common law, a logo is trademarked as soon as it’s used in commerce. … However, if you ever wanted to dispute another organization for using your likeness, your trademark would have to be registered with the U.S. Patent and Trademark Office.

Can someone steal your business name?

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. … However, you can probably trademark a combination of words, such as “Biz Tipz for You”.

Does a business name already exist?

To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system. This search is especially important because failure to check existing trademarks could result in charges of willful infringement of a company’s trademark rights.

Can I trademark a name that already exists?

There is no legal requirement to register a trade mark. However, if someone else has already registered the trade mark you intend to use, they can take legal action against you.

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.

Can two businesses have the same name?

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). … However, if the business operate in overlapping markets and have similar names, there are a series of factors we must consider to determine who has priority.

What happens if someone trademark 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.

How hard is it to trademark a 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.

What if my business name is similar to another?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. … That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.

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.

Can I use a company name that already exists in another country?

Can two companies have same business name in different countries or states of USA? … Yes, it is very possible if the business name is not trademarked or registered in the same country or state. A trademark has a territorial aspect; it functions only within the country or state where it has been registered.

How do I make sure no one has my business name?

First check with your county clerk’s office to see whether your desired name is already on the list of fictitious or assumed business names in your county. (In a few states, there is just one statewide fictitious name database — if that’s the case in your state, your county clerk will tell you.)