Question: How Can I Make Sure My Business Name Is Not Taken?

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..

Do I need an LLC if I have a trademark?

When you own a small business, your name is everything. … If you’ve formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.

Does the name of an LLC matter?

It does not matter what you call the LLC. Typically, although not exclusively they are named after the address of the building,or the people who founded it. That LLC can exist regardless of whether it runs one business or 50…. and there can be LLCs in every state with that same name.

How do I check if a company exists?

Look for specific things on the company’s website that may give away whether or not they are truly legitimate.Check spelling and grammar. … Check for a business address and landline number. … Check for a Privacy Policy. … Check for a company number. … Check the WHOIS database.

How do I find a company name?

There are a number of sites that can help you brainstorm names, including:VisualThesaurus.com (gives you a visual around a keyword)Shopify Business Name Generator (generates business name ideas and checks domain availability simultaneously)NameMesh.com (provides a startup company name generator)More items…•

The LLC name, or legal name, is the official name of the entity that is used to sign documents, file tax returns, file lawsuits, or to submit a loan application with a bank. On the other hand, a business name, or trade name, is the name the public uses to identify your business.

Can someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context. Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged.

Does my LLC name have to match my business name?

No, your LLC name does not have to BE your business name or MATCH your website name. Your LLC name is your company’s legal entity name while your business name is your brand name to market to your customers.

Can two companies have the same name?

2 Answers. The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you. … In general, within the same jurisdiction, you cannot have two company names that are the same.

How do you close a business?

To apply to strike off your limited company, you must send Companies House form DS01. The form must be signed by a majority of the company’s directors. You should deal with any of the assets of the company before applying, eg close any bank accounts and transfer any domain names.

What happens if someone trademarks 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 you use the same brand name for different products?

And the answer to that is yes because when you register a trademark, you don’t get a monopoly over a word, phrase, or logo itself. … So as long as your products and services are completely different from the other registered trademarks you can safely use or even register that.

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company’s name and its product names, brand identity (like logos) and slogans.

Does an LLC name have to be unique?

California. You will need an original name for your LLC that is not used by another LLC in California. Conduct a California business entity name search to find out if another company is using your top business name choice before you register it.

How do I find out if a brand name is taken?

Conducting a Trademark Check To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search.

Does an LLC protect my business name?

When you incorporate, form an LLC, or file a DBA (Doing Business As), this process registers your business name with that state’s secretary of state. … It prevents anyone else from using the name within the state, but it doesn’t offer any kind of protection in the other 49 states.