Quick Answer: Can I Use A Name For A Business That Already Exists?

Can there be two companies with the same name?

The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you.

In general, within the same jurisdiction, you cannot have two company names that are the same..

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

The difference between a trading name, business name and company name. A business name is simply a name under which you conduct a business. … Before 28 May 2012, the Australian Business Register (ABR) collected names used by entities to carry out their business activities. The ABR displays this name as a trading name.

What are the 3 types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

How do you determine if a name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.

General Costs to Register in the U.K. Application Fee: £170 ($225.83) for online applications; £200 ($265.68) for paper applications. Additional Classes (When requested by IPO): £50 ($66.42) International Fee: £40 ($53.14) plus additional WIPO fees.

What happens if someone trademarks your business 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.

Should you trademark your brand name?

Summary. Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

Can I use a business name that already exists UK?

Your name cannot be the same as another registered company’s name. If your name is too similar to another company’s name or trade mark you may have to change it if someone makes a complaint. Your name must usually end in either ‘Limited’ or ‘Ltd’.

Can I trademark a name that already exists?

Registration is only one part of trademark protection. … For this reason, many people choose to use their trademarks before registering them. In this situation, you can register a trademark that already exists, and the U.S. Patent and Trademark Office offers a registration form for trademarks that are already in use.

What Cannot be trademarked UK?

Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.

How do I protect my brand name?

What’s one thing you’ve done to protect your brand legally that you think all founders should do?Protect Your Web Content. … Set up Google Alerts. … Use IP Protection. … Create a Distinctive Mark. … Register Your Trademark. … Get a Patent. … Create an Employee Handbook. … Trademark Your Brand.More items…•