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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
How do you make sure no one can use your business name?
A trademark is the only way to prevent others from using the name and gives you legal recourse should someone attempt to use it. Create a description of your services and products that the business name represents. Obtain an application from the U.S. Patent and Trademark Office.
How do you secure your business name?
Obtain a DBA, or doing business as, application. This registers the business name with the local city or county, so the local authorities are aware of the business and its legal name. Contact the United States Patent and Trademark Office, or USPTO, online or by phone to trademark the business name.
Do I need to trademark my business name?
Summary. Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.
How do I protect my business name as a sole trader?
Register as a limited company. Even if you are trading as a sole trader or partnership, the company name can remain dormant until you wish to change your trading status. Register your name as a trademark.
Does an LLC protect my business name?
Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state. However, there's nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state.
Can you sue someone for using your business name?
In most states, you can be sued for using someone else's name, likeness, or other personal attributes without permission for an exploitative purpose. Usually, people run into trouble in this area when they use someone's name or photograph in a commercial setting, such as in advertising or other promotional activities.
What do you do if someone uses 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.
Can a company sue you for having the same name?
A name may be protected by a trademark. If the name of your business is confusingly similar to a trademarked name of a prior existing business for similar goods/services, you may be sued for trademark infringement. You should discuss with an intellectual property attorney in a private consultation.
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