If you file an Intent To Use and someone starts to use the same or similar business name before you launch, your rights are protected. Thus, “intent to use” applications are an important part of putting together a viable business plan and protecting your interests during the process.
Can you have same business name as someone else?
Businesses can have identical names if they are formed in different states. You should check if other businesses have the same or similar names using our tool. If you want to use a business name that’s used elsewhere, check if it’s available in your state and any states you’re expanding into.
Can you get in trouble for having the same name as another business?
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. These requirements include: Are the businesses in the same industry or geographic location?
Can I register a business name that already exists?
In many instances, you can register the same business name in your own state, or in any other state, so long as it is not in the state where the business name already exists. This practice is typically accepted for many types of small, local businesses.
Can two businesses have the same name?
Yes, you can have a company with exactly the same name. But, only if your business is not in the same “class” of business as the other company(s). Looking at a trademark search for “Virgin” (Trademark search at USPTO ) there are 829 current and past trademarks that use this word.
Can I name my LLC My name?
You can name your LLC anything you want, as long as it complies with your state’s guidelines. Naming a business after yourself comes with the benefit of being able to easily use that name to sell any products or services you want in the future without brand confusion.
What if someone has the same business name as you?
Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. Names are doled out on a first-come, first-served basis. … That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.
How do I know if my business name is already taken?
The best way to find out if your business name is taken is to do a business entity search within your state, check Federal Trademark Records, and search the web to find businesses with the same or a similar name.
How much is it to trademark a name?
What Does Trademarking a Name Cost? Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don’t want protection outside your state.
Can two companies have the same logo?
Yes, both companies can USE the same trademark to brand the two companies but only ONE company can own that trademark. One must license the mark to the other.
Can I trademark a name if someone else is using it?
You can’t file to register a trademark that someone else is already using if they used the trademark first. However, if someone else is using your trademark or you used the mark first, you may be able to contest the trademark.
Do I need a trademark or copyright for my business name?
A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company’s intellectual property, such as your logo.
Can I put Co in my business name?
Can I use CO in my business name? Yes, if it represents the company well. When choosing a business name it should be well thought out, easy to say, and easy to spell.
Can there be two trademarks with the same name?
Yes, the similar word mark as Trademark can be registered in different industries. The rule regarding the infringement of the trademark is that the customer should not get confused between the identities of the product of the trade mark and the product having the same mark like trademark.