Quick Answer: How Do I Protect My Business Name From Being Used?

Can I protect my company name as a sole trader?

There is no official register of Sole Trader business names in the UK.

There are only two ways to register a business name in the UK.

These are to form a limited company or get a trade mark.

This makes it difficult, but not impossible, to avoid conflicts between businesses over the use of names..

Can someone take my company name?

Also, although your business name may be approved by Corporations Canada this does not absolutely guarantee your right to use the name and the government is not responsible for any legal action that may take place as a result of your name choice.

What happens if someone uses your trademark name?

If you suspect your trademark is being infringed, then you should consider taking action. … The ultimate objective with legal proceedings is to prevent further unauthorized use of the trademark by the infringer. Not only that, but you may also seek compensation in the form of damages or an account of profits.

What do you do if someone uses 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.

What is the difference between a business name and a trading name?

A ‘trading name’ refers to an unregistered name that businesses could use before the introduction of the National Business Names Register on 28 May 2012. A trading name is not a registered business name. If you wish to continue using a trading name, you need to register it as a business name.

If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that products they use are your property. In order to prevent unauthorized use of your mark by third parties, you have to choose a strong one.

Does an LLC protect my 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.

Can I put TM on my logo without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Can I change a logo and use it?

Logos are protected by trademark and copyright. If you modify someone else’s logo for your own use, the modifications must be significant enough so that no reasonable person could confuse your logo for the original logo. … It might likewise be an infringement on copyright.

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.

How do I protect my business from being stolen?

4 Tips on How to Protect Your Business Idea from Being StolenNon-Disclosure Agreements and Confidentiality Statements. A non-disclosure agreement (NDA) is one way to protect your idea before you present it to associates. … Apply for a Patent. Applying for a patent is a way of protecting a business idea. … Trademark Your Company Name. … Document Everything.

How can I protect my small business?

All businesses should obtain appropriate liability insurance and take steps to protect their computer systems from attack.Watch What You Say and Do. The image of your business is critical. … Hire a Competent Attorney. … Separate Yourself from Your Business. … Insure Yourself. … Protect Your Files.

How do you protect yourself as a business owner?

Here are the top six ways to protect yourself.Legally Separate Yourself from your Business. … Do Not Personally Guarantee Business Debt. … Maintain Good Records. … Don’t Have Friends or Family as Directors Unless they are Active in the Business and Understand the Liability. … Get Professional Help as Needed.More items…

How do you make sure no one can use your 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.

Does registering a company protect the name?

Registering a business name will not stop someone who has registered the name as a trademark from using it. … The obligation to register a business name is separate to protecting any intellectual property rights in a name or brand, such as registering a trademark.

Can someone else use my 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.

Can you use a business name that already exists?

A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can’t use it even if the company doesn’t operate in your state. To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system.

How do 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.

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.