How do I stop someone else using my business name?

File for a trademark on your business name. A trademark is the only way to prevent others from using the name and gives you legal recourse should someone attempt to use it. Create a description of your services and products that the business name represents.

How do I avoid the same company name?

The best way to avoid getting in trouble is to immediately trademark your business name. Also conduct trademark research before registering to make sure no one else is already using that business name that directly competes in your industry.

Can a company use the same name as another company?

Using the same name as another business will typically not be acceptable when: You sell different products or services but operate within the same industry as another company. The name is in use by a major national brand, regardless of industry. The other business registered for trademarks before you did.

What if my company name is similar to another?

If you choose a name that is too similar to the name of a competing business, that business may accuse you of infringing on its trademark rights. When that happens, you may be forced to change the name of your business. You may even be ordered to pay monetary damages.

What if you and another company have the same name?

So, your company can have the same name as another company, and vice versa, with no claims of trademark infringement. However, if your business is using a company name that’s the same as another incorporated company, there could be grounds for a legal dispute, and you may not be able to legally use the business name.

What if my company name is the same as another?

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 I sue a company for using my 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.

What is it called when you use someone’s name without their permission?

In most states, you can be sued for using someone else’s name, likeness, or other personal attributes without permission for an exploitative purpose. Invasion of privacy through misappropriation of name or likeness (“misappropriation”); Violation of the right of publicity.

Can I use another company’s business name when I start one?

If you start using the business name first, but the other business registered it first, then you still have the right to use the name, but only in the market you were operating in at the time the other business registered the name.

Can a company force another company to stop using its name?

The other company was the first to use the mark and to obtain a registered trademark for it. If the other company began using the mark and also registered it before you company began using it, it can force you to stop using your business’s name. It might also be able to recover damages.

What should I do if my business name is unwanted?

Pull your trademark papers or your business license registration, as well as any other paperwork that demonstrates the date you established your business under that name. Also keep any documentation that shows the harm your company is suffering as a result of this.

Can I use a trademark for another business name?

It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first. Let’s go over a few basic assumptions: This post is equally informative for other kinds of trademarks as it is for business names.