What Do You Do If Someone Uses Your Business Name?

Can logos be used without permission?

A person or company should never use a trademark or logo without written permission from its owner.

To get permission, write a letter to the trademark owner.

Include a description of why you are asking and how the logo will be used.

However, even then, third parties cannot use logos without a specific agreement..

Does my business name exist?

The quickest and easiest way to check potential name availability is to simply go to your favorite search engine (like Google) and do an online business name search. … org on the end to see if any business entity comes up or if there is a similar name out there that would be competing with your brand.

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.

Do I need an LLC if I have a trademark?

When you own a small business, your name is everything. … If you’ve formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.

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.

Is it illegal to use another company’s name?

Companies’ names are important. … As a general rule, trademarks do not infringe one another if the underlying products or services of the two companies do not compete and are not distributed in the same trade channels or locations. One of the primary aims of trademark law is to prevent consumer confusion.

How do you pitch an idea to a company without it being stolen?

You can sell an idea to a company without a patent. You need a way to stop them from stealing the idea from you. One way to do that without a patent is with a nondisclosure agreement, aka NDA. The NDA would limit the company’s ability to use your idea without paying you for 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.

Should I LLC My name?

Like all LLCs, it must have a unique name, and you must file articles of organization to set one up. 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. Get help forming your LLC with LegalZoom.

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 use the same business name?

Under the rules, the phrase ‘identical or nearly identical’ has a specific meaning. If a name is identical or nearly identical to another name, we must not register it. However, the law does not prevent the registration of business names that are similar.

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.

Is LLC or INC better?

Corporations offer more flexibility when it comes to their excess profits. Whereas all income in an LLC flows through to the members, an S corporation is allowed to pass income and losses to its shareholders, who report taxes on an individual tax return at ordinary levels.

Can you start a business without a trademark?

You could use your business name as an unregistered trademark, but that would not give you the benefits of a registered trademark.

What logos can you use without permission?

Informational Uses of a Trademark Are Permissible Informational (or “editorial”) uses of a trademark do not require permission from its owner. These are uses that inform, educate, or express opinions protected under the First Amendment of the United States Constitution—freedom of speech and of the press.

Are you allowed to use company logos?

If you want to use another company’s logo on your website, you should generally assume that the logo is protected intellectual property. Copyright or trade mark will protect most logos. … If you use another company’s logo to promote their products or services, they will often be happy to grant this permission.

What happens if someone trademarks 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.

Can two companies have the same LLC 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.

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. Once approved, the business name is yours and yours alone to use within that state.

What can I do if someone is using my business name?

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.