Question: How Do I Protect My Business Name And Logo?

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..

How do you pitch an idea to a company without it being stolen?

You can sell an idea to a company without a patent. You need a way to stop them from stealing the idea from you. One way to do that without a patent is with a nondisclosure agreement, aka NDA. The NDA would limit the company’s ability to use your idea without paying you for it.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

Can someone else use my LLC name?

If someone else is already using your business name but they are formed in a different state, you may be able to use their name in your state if the name is not trademarked. … If you find that someone else is using the name, check whether they have trademarked it.

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.

What can I do if someone is using my 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.

What is the difference between a business name and a trading name?

A ‘trading name’ refers to an unregistered name that businesses could use before the introduction of the National Business Names Register on 28 May 2012. A trading name is not a registered business name. If you wish to continue using a trading name, you need to register it as a business name.

How do I know if I can use a business name?

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.

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.

Can two businesses have the same name?

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. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

How do I make sure no one steals my 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.

Can I protect my company name as a sole trader?

There is no official register of Sole Trader business names in the UK. There are only two ways to register a business name in the UK. These are to form a limited company or get a trade mark. … This makes it difficult, but not impossible, to avoid conflicts between businesses over the use of names.

Does registering a company protect the name?

Registering a business name will not stop someone who has registered the name as a trademark from using it. … The obligation to register a business name is separate to protecting any intellectual property rights in a name or brand, such as registering a trademark.

Can someone take my company name?

Also, although your business name may be approved by Corporations Canada this does not absolutely guarantee your right to use the name and the government is not responsible for any legal action that may take place as a result of your name choice.

How do I protect my business name from being used?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.

You certainly don’t have to register the copyright and trademark your company’s name or logo, in the United States; you own the copyright as soon as you put the original work on a pieces of paper or computer drive, and you won a trademark as soon as you use your name and logo for marketing your business.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;