Question: What Do You Do If Someone Is Using Your Business Name?

Is it illegal to use another company’s name?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like.

Names are doled out on a first-come, first-served basis.

That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar..

Can two businesses have the same name?

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). … However, if the business operate in overlapping markets and have similar names, there are a series of factors we must consider to determine who has priority.

Is it illegal to use a company’s logo on a shirt?

Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. … Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission.

Can someone take your LLC name?

If someone else is already using your business name but they are formed in a different state, you may be able to use their name in your state if the name is not trademarked. … If you find that someone else is using the name, check whether they have trademarked it.

How do you stop someone from using your business name?

How to Protect Your Brand and What to Do If Someone Steals itProtect your unique brand name / logo. If you have a unique brand name or logo, protect it. … Make a paper trail. … Watch for trademark violations. … Keep your domain. … Trademark your new name BEFORE releasing it. … Register your new domain. … Announce the change.Jun 29, 2020

Can you sue someone for using your business name?

Thus, only individuals can sue for unlawful use of name or likeness, unless a human being has transferred his or her rights to an organization. Note that companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes.

Can I change a logo and use it?

According to internet lore, if you change 30% of a copyrighted work, it is no longer infringement and you can use it however you want.

Can someone trademark my domain name?

You can attempt to trademark your domain name or blog. It does have to meet several standards in order to qualify for trademark protection. Sometimes it may be more necessary than others. … Someone could possibly use a very similar domain name selling the same products and piggyback off your marketing efforts.

Business names, product names, logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).

Is my business name already taken?

In most states, the website of the state business filing agency includes an online entity name check tool. You can use the online tool to search business names and find out whether another business is already using the name you have chosen.

Can someone use the same business name?

You can often use the same business name in your own state or another state, if it is not in the state where the business name is filed, and it doesn’t violate trademark rules. This is common practice for smaller local businesses.

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.

How much does it cost to trademark your business?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.

Can someone steal my DBA name?

If someone attempts to register an LLC using a taken name (which is a DBA), it will likely be bounced back. I would suggest making sure you have a sufficient variation before trying this, and definitely use a unique business name to avoid marketing issues.