Quick Answer: Can Someone Use My LLC Name?

How do I make sure nobody steals 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..

How do I protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

If you are using your business name as your trademark, you can also register your business name as a trademark. Registering your trademark will give you exclusive rights to it in Canada for at least 15 years (you can renew it indefinitely as long as it is still being used).

What is the full meaning of LLC?

Limited Liability CompanyA Limited Liability Company (LLC) in plain terms, means a legally registered business entity which is limited by shares. … In most cases, an LLC is formed where two or more business individuals come together and form a partnership.

How do you secure an LLC name?

Contact the business license office for the county or city where your business is. Obtain a DBA, or doing business as, application. This registers the business name with the local city or county, so the local authorities are aware of the business and its legal name.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

Can two businesses 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.

Does LLC protect business name?

Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state. However, there’s nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state.

How do you stop someone from using your business name?

Though registering a trademark or service mark is the best way to protect your business name, some protection is still afforded to you if you have not registered. Perform a trademark search to make sure you are the only one using the name. If so, immediately begin using your business name in your advertisements.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Can my LLC have the same name as another?

Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. When you’re forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours.

Should I name my LLC after myself?

An LLC that uses a personal name is no different than any other LLC. … But because an LLC that uses your name might be confused with you personally, it’s especially important to always use the initials LLC after your company name.

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.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

Can someone else use my registered business name?

Business name registration does not give you any rights to use that name at all, and no protection from other people who say you can’t use that name.