How Do I Make Sure My Business Name Isn’T Taken?

How do I check if a name is copyrighted?

You can perform an online copyright search at the U.S.

Copyright Office website for registered works.

Note, however, that most copyrighted works are not formally registered and do not show up in the search.

Many names may turn up as a result of the search..

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

What do you do if someone copies 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.

What happens if two 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.

How do I find out if a brand name is taken?

Conducting a Trademark Check 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.

Can you use the same business name as someone else?

The fact that it is registered as a business name or company name might mean that no-one else in your state or territory can register exactly the same business name or exactly that corporate name. However, it does not stop anyone using it if they don’t try to register it.

How do I find out if a brand name is taken in India?

How to conduct trademark public search in India? An online trademark search in the Trademark Registry India can be done free of charge at the Indian trademark database link. Phonetic – For phonetically similar words.

How do I know if a brand name is taken on Amazon?

If you want to know if a trademark is registered, you go to the USPTO TESS system and do a search for it. In the world of Amazon, they don’t distinguish classes. You can have the same name in different classes in USPTO but not on Amazon, same with foreign registered marks.

How similar can a business name be?

The requirements for name availability vary from state to state, but, in general, states don’t allow two business entities with the same, or almost the same, name. This means that once you have formed your business, your state won’t allow another company to be formed with the same name.

Does an LLC protect my business name?

When you incorporate, form an LLC, or file a DBA (Doing Business As), this process registers your business name with that state’s secretary of state. … It prevents anyone else from using the name within the state, but it doesn’t offer any kind of protection in the other 49 states.

Can someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context. Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged.

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 someone steal your business name?

It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. You can do this online through a number of services or hire an attorney. … However, you can probably trademark a combination of words, such as “Biz Tipz for You”.