What do you do if someone uses your 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.
How do you make sure no one else can use 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.
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 protect my business name?
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 United States from using your trademarked names.
What if someone has trademarked my name?
If someone else has already registered your trademark, you’ll be unable to register the mark. However, trademark protection is not absolute. If you can show that you used the trademark prior to the registration of the other trademark, you may still own the mark. You can’t simply notify the trademark office, though.
How do I make sure no one steals my business?
4 Tips on How to Protect Your Business Idea from Being Stolen
- Non-Disclosure Agreements and Confidentiality Statements. A non-disclosure agreement (NDA) is one way to protect your idea before you present it to associates. …
- Apply for a Patent. …
- Trademark Your Company Name. …
- Document Everything.
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.
How can I legally protect my business?
Protect your most important assets
- Establish employment agreements. Ensure that your employees are forbidden from revealing any restricted records, formulas, or intellectual property.
- Apply for trademarks, patents & copyrights. …
- Secure your information. …
- Sign confidentiality agreements. …
- Incorporate your business.
Can someone else use your business name?
Anyone can snatch up a business name and use it for their own business. There’s no one uniform database or agency that ensures only one business is using a specific business name.
Does an LLC protect your business name?
When you incorporate, form an LLC, or file a DBA (Doing Business As), this process registers your business name with that state’s secretary of state. … It prevents anyone else from using the name within the state, but it doesn’t offer any kind of protection in the other 49 states.