What Should I Do If My Business Name Is Taken?

How can I protect my business?

Ensure the foundation of your business is secure by following these steps:Establish employment agreements.

Apply for trademarks, patents & copyrights.

Secure your information.

Sign confidentiality agreements.

Incorporate your business..

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.

How do I make sure no one takes 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.

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.

Does registering a company protect the name?

Incorporating a new company will prevent other businesses from registering the same, or a very similar, company name to yours. A trade mark is a sign which can distinguish your goods and services from those of your competitors. Registering a company name does not automatically protect it by trade mark law.

Can someone steal your business name?

So, while your trademark can be the same as your trade name, your trade name is not a trademark. … And a business who steals or infringes on another businesses trademark can face consequential monetary damages from State and Federal courts if they don’t stop doing it.

Is my brand name taken?

Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.

How do I choose a name for myself?

Think about the identity that you intend to cultivate, and choose a name that fits with your vision for the new you. You may have connotations about certain names: tough, sweet, adventurous, etc. Pick a name that helps you become who you want to become. Name yourself after someone inspiring.

How much does it cost to trademark business name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO’s Trademark Electronic Application System (TEAS).

What do you do if your business name is taken?

If your company name is already taken, consider a business (or trading) name. A business name, sometimes referred to as a trading name, is an alternative name that a company may use when it doesn’t want to operate under its official registered name.

Can I use a business name already in use?

Business Names and the Law You can’t use an existing DBA name or one registered with the U.S. Patent and Trademark Office. … Using an existing company name can leave you open to legal action and the possibility of being forced to change your business name and pay damages for trademark infringement.

Can two businesses have 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.

How do I protect my small business name?

To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

How do start my own 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…

How do I come up with a catchy business name?

How to come up with a business nameUse acronyms.Create mash-ups.Get inspiration from mythology and literature.Use foreign words.Use your own name.Take a look at a map.Mix things up.Partner with another company.More items…

Can you sue someone for using your business name?

Trademark. Trademarking your business name gives you more protection than just registering it. Once you’ve trademarked it, you can sue anyone who infringes on it. Even a name that’s not identical can infringe if it’s close enough to confuse your customers.

What is the best company name?

How 16 Great Companies Picked Their Unique NamesGoogle. The name started as a joke about the amount of information the search engine could search, or a googol of information. … Hotmail. … Volkswagen. … 4. Yahoo. … Asus. … Cisco. … Canon. … Coca-Cola.More items…•