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 you make sure no one else can use your business name?
To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.
How do I legally choose a business name?
How to apply
- Step 1: Choose a business name. Although there are few restrictions on a business name, you should choose your name carefully. …
- Step 2: Get a Business Name Report. This step is recommended, but not mandatory. …
- Step 3: Fill out the forms. …
- Step 4: Take your Alberta registration information to a service provider.
What happens if someone is using 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 two businesses have the same name?
Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
Where can I check if a business name is taken for free?
Use the USPTO’s free trademark database and to get yours registered. Simply go to http://www.uspto.gov/main/trademarks.htm and click “Search.” Then follow the instructions you see on the screen.
Can I get sued for using a company name?
No. Companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes. Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern.
Can I sue if someone uses my 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 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.
Do I really need to trademark my logo?
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.