- How close can business names be?
- Can you trademark the same name in the same class?
- Can someone else use my business name?
- Can two clothing brands have the same name?
- Can you sue someone for using your business name?
- What do you do if someone is using your business name?
- How do I know if a business name is trademarked?
- Can there be two businesses with the same name?
- How can I protect my business name?
- Should I get a trademark or LLC first?
- Is my brand name taken?
How close can business names be?
Laws vary from state to state in the US, of course, but in some areas two businesses may register company names that are very similar.
The difference in names may be as insignificant as “Smith Corporation” and “Smith Company.” Obviously, a business name cannot infringe an existing trademark..
Can you trademark the same name in the same class?
It goes without saying that confusion and trademark conflicts are bound to arise when the trademark names of different business entities are the same or sound similar in the same class. However, if the names only sound alike but aren’t spelled alike, they can be in the same class without issues.
Can someone else 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.
Can two clothing brands have the same name?
While there are circumstances in which two different clothing companies can use the same name. … For example, if you acquire a domain name for the trademark (let’s say Smith.com), and the other company acquires a similar domain name (Smith.net), there is a substantial likelihood of consumer confusion.
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.
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.
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.
Can there be two businesses with the same name?
Under the rules, the phrase ‘identical or nearly identical’ has a specific meaning. If a name is identical or nearly identical to another name, we must not register it. However, the law does not prevent the registration of business names that are similar.
How can I protect my business name?
4 ways to protect your company nameRegister the company. It is not possible to reserve a company name with the intention of incorporating it later, therefore it is best to register your company as early as possible to avoid any disappointment. … Register a domain. … Consider similar names. … Business information tracking.
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.
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.