Question: Can Two Companies Use The Same Trading 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..

How can I make sure my business name is not taken?

First check with your county clerk’s office to see whether your desired name is already on the list of fictitious or assumed business names in your county. (In a few states, there is just one statewide fictitious name database — if that’s the case in your state, your county clerk will tell you.)

Who owns a trademark?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.

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.

What do you do when someone uses your business name?

Protect Your 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.

Can 2 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.

Can two companies have the same name in different countries?

Can two companies have same business name in different countries or states of USA? … Yes, it is very possible if the business name is not trademarked or registered in the same country or state. A trademark has a territorial aspect; it functions only within the country or state where it has been registered.

Can a company trade under two names NZ?

Companies Act 1993 Your name does not have to reflect the business you operate and does not have to be the same as the name you trade under. For example. You may own two eateries named Angelo’s Italian and Moonlights café, under the company name Longleads Frampton Limited.

How do I know if a business name is copyrighted?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

What is the difference between a company name and a trading name?

If a business owner wants to operate under a different name other than the company’s legal name, they can use a trade name instead. … A business can opt to have their business name and trade name be the same. A trade name may also be called a doing business as (DBA) name. It’s the name the public sees.

Can you use the same brand name for different products?

And the answer to that is yes because when you register a trademark, you don’t get a monopoly over a word, phrase, or logo itself. … So as long as your products and services are completely different from the other registered trademarks you can safely use or even register that.

Can a sole trader have a trading name?

By having a sole-trader or partnership ABN operation you are permitted to trade under your personal legal name/s. If you would like the ability to conduct your business under an unrelated name, such as ‘ABC Plumbing’ or ‘Joe’s Cafe’, then this is required to be registered as a business name.

How do I choose a good business name?

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…•

What if my business name is similar to another?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. … That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

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 the original work on a pieces of paper or computer drive, and you won a trademark as soon as you use your name and logo for marketing your business.

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.

Why should I trademark my name?

The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.

What is the first step to starting a business?

Conduct market research. Market research will tell you if there’s an opportunity to turn your idea into a successful business. … Write your business plan. … Fund your business. … Pick your business location. … Choose a business structure. … Choose your business name. … Register your business. … Get federal and state tax IDs.More items…