What if my business name is trademarked by someone else?
Table of Contents
- 1 What if my business name is trademarked by someone else?
- 2 Can I sue someone for using a similar business name?
- 3 What do you do if someone is using your business name?
- 4 How do I check if a company name is already taken?
- 5 Can I use a company name that another company has registered?
- 6 Can I stop a competitor from using my business name?
What if my business name is trademarked by someone else?
If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy.
Can I sue someone for using a similar 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 someone else use my business name?
Anyone can snatch up a business name and use it for their own business. There’s no one uniform database or agency that ensures only one business is using a specific business name. That’s how we often see very similar company names that aren’t related by franchise or corporate ownership from one state to another.
What do I do if someone has my business name?
If someone new starts using your name, contact the city or county office you registered with. It may be the new business hasn’t registered its DBA. In that case, the county can inform the company it’s violating the law.
What do you do if someone is using your business name?
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 check if a company name is already taken?
- Visit the USPTO.gov website.
- Choose the basic search option.
- Visit the Office of the Secretary of State or Corporations Division website for the state where you plan to form your business.
- Search for a name search or name availability link.
- Enter the name of the business for which you want to check availability.
Can I use the name of another company’s trademark?
If you began using the name before the other company registered it, you will be able to continue using it. However, you will only be able to use it in the market in which you were using the mark when the other company registered the name.
Can a company force another company to stop using its name?
The other company was the first to use the mark and to obtain a registered trademark for it. If the other company began using the mark and also registered it before you company began using it, it can force you to stop using your business’s name. It might also be able to recover damages.
Can I use a company name that another company has registered?
The other business registered the mark first, but your business was the first to use it. If you began using your business name in commerce before the other company began and registered it, you will likely be able to continue to use it in the market in which you were using it when the other company registered it.
Can I stop a competitor from using my business name?
Thus, your business registration may not stop another entrepreneur from doing business under a name that’s similar or even the same as yours. Using your name in business may give you some trademark protection within your locality. You may be able to use these “common law” trademark rights to stop a competitor from using your name locally.