Can Two Businesses Have The Same Name?

What is it called when someone uses your name without permission?

There are two distinct legal claims that potentially apply to these kinds of unauthorized uses: (1) invasion of privacy through misappropriation of name or likeness (“misappropriation”); and (2) violation of the right of publicity..

Can I use a name for a business 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.

Can there be 2 LLC with the same name?

Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. When you’re forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours.

Can two Facebook business pages have the same name?

It is possible for two organizations with the same name to both have a Facebook page that displays the name. However, only one company can use a particular username for its page, which affects the Web address for the relevant Facebook page.

Can I create 2 Facebook accounts with the same phone number?

No,you can’t have two separate Facebook account using the same phone number. Because,when you signup in Facebook with a Number or Email,that number or email is saved on Facebook Database.

Can an LLC and corporation have the same name?

If you are an LLC, nobody can have the same name as you under the LLC designation. They can however register as a corporation using the same name. The difference is the designation of INC and LLC.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights 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.

Can two clothing brands have the same name?

Often two companies co-exist with similar names for several reasons. … baby clothing, or the other companies are in different jurisdictions and do not cross each others’ consumer base etc. Legally, it is the trademark owner’s responsibility to enforce his/her trademark rights.

A legal name is the name of the entity that appears on all official documents or legal papers. It can be different to your business name. … If you’re a sole trader, your legal name will most likely be your own name. Other legal names include the name of a partnership or an incorporated association.

Is my brand name taken?

Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.

How do you check if someone already has 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.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Can you have the same page name on Facebook?

Page Name. Facebook allows companies to have duplicating names on their platform. What it does not allow, though, is two companies to have identical user names for their pages.

How do I secure my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

How do I choose a name for my business?

Here are 12 helpful suggestions on how to come up with a winning name for your business:Avoid hard-to-spell names. … Don’t pick a name that could be limiting as your business grows. … Conduct a thorough Internet search. … Get the .com domain name. … Use a name that conveys some meaning. … Conduct a trademark search.More items…•

Can someone use my LLC 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.

What happens if two companies 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.

How do I make sure my business name isn’t taken?

Use the USPTO’s free trademark database. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.

If you are using your business name as your trademark, you can also register your business name as a trademark. Registering your trademark will give you exclusive rights to it in Canada for at least 15 years (you can renew it indefinitely as long as it is still being used).

Can I use my business name on Facebook?

Tips. You can also try to set your business name as your Facebook title on a personal profile; however, Facebook’s filter usually catches most non-standard names, and may not let you initiate the change. To do so, click on “Account” then “Account Settings.” Click on “Edit” next to name, then change the name.