- Can someone use my LLC name?
- Can I name my business similar to another?
- Should I get a trademark or LLC first?
- Does my LLC name have to be the same as my business name?
- Can I put TM on my logo without registering?
- Can I change a logo and use it?
- Can two businesses have the same name?
- Can I use a name for a business that already exists?
- What do you do if someone is using your business name?
- Do I really need to trademark my logo?
- Does your LLC name matter?
- Does an LLC need a trademark?
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..
Can I name my business similar to another?
You can use as many business/trading names as you like, but you should avoid using one that is same as the registered name of a company in the same industry. This could be viewed as ‘passing off’, which would mean you were taking advantage of a company’s goodwill and trust.
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.
Does my LLC name have to be the same as my business name?
Limited liability companies (LLCs) and corporations must establish their legal names when registering the business. Unlike other business structures, the business legal name for LLCs and corporations does not have to include any of the owners’ names to be the business name.
Can I put TM on my logo without registering?
The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.
Can I change a logo and use it?
Logos are protected by trademark and copyright. If you modify someone else’s logo for your own use, the modifications must be significant enough so that no reasonable person could confuse your logo for the original logo. … It might likewise be an infringement on copyright.
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.
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.
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.
Do I really need to trademark my logo?
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.
Does your LLC name matter?
Yes, it does matter what you name your LLC. As a business owner, you need to consider the marketing aspects of your business name. You also should be careful to choose a business name which is not used by others, especially in your home state.
Does an LLC need a trademark?
If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. … While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments.