Question: What Happens If Someone Trademark Your Business Name?

Can I trademark a name if someone else is using it?

You can’t file to register a trademark that someone else is already using if they used the trademark first.

However, if someone else is using your trademark or you used the mark first, you may be able to contest the trademark..

Can someone use my 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.

Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

Can you have similar business names?

A business name generally can be protected as a trademark under federal and state trademark law. … As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.

Can I use a company name that already exists?

A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can’t use it even if the company doesn’t operate in your state. To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system.

What names Cannot be trademarked?

What Can’t Be Trademarked?Proper names or likenesses without consent from the person.Generic terms, phrases, or the like.Government symbols or insignia.Vulgar or disparaging words or phrases.The likeness of a U.S. President, former or current.Immoral, deceptive, or scandalous words or symbols.Sounds or short motifs.

How much does it cost to trademark your business name?

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).

What do you do if someone steals your business name?

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.

Can you sue someone for using your business name?

Can I Sue Someone for Using My 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 two businesses have the same name?

Since businesses are registered at the state level, it is possible for your company to have the same name as a business in a different state. However, this can lead to trademark issues and other problems.

How do I know if someone is using my business name?

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.

How do I protect my small business name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.

How can I stop someone from using my business name?

How to Protect Your Business NameProtecting Your Name in Your Home State. One of the best ways to protect your business name in your home state is to form a business entity such as a corporation or a limited liability company. … Filing a DBA or Registering a Business Name. … Trademark a Business Name. … Copyrighting a Business Name. … Internet Names.Oct 27, 2016

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