Can you use someone else’s business name?
Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. … If your exact business name is taken by another company, your state’s Secretary of State will not permit duplications so as to avoid confusion.
What if someone else is using the same business name?
If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. … If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy.
How do I know if my business name is already taken?
Is my business name 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.
Can someone use my name without my consent?
Specifically, California recognizes both common law and statutory rights. California Civil Code, Section 3344, provides that it is unlawful, for the purpose of advertising or selling, to knowingly use another’s name, voice, signature, photograph, or likeness without that person’s prior consent.
Can I sue someone for using a similar business name?
If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.
Can I get sued for using a similar business name?
A trademark lawsuit will require you to prove three things: You have registered a trademark or service mark in the name. Someone else is using the same or similar name to sell similar goods and services to yours. The infringer’s use of the name is confusing customers or diluting the power of your trademark.
Can you trademark a business name that already exists?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
Can two businesses have the same name?
Can Two Companies Have the Same Name? 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.
Do I need to copyright the name of my business?
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 original work on a piece of paper or computer drive, and you win a trademark as soon as you use your name and logo for marketing your business.