- Can there be 2 LLC with the same name?
- Can I use a company name that already exists?
- What do you do if someone is using your business name?
- How do I check if a company name already exists?
- How many companies have the same name?
- Can you use the same brand name for different products?
- Can you sue someone for using your business name?
- What happens if someone trademarks your business name?
- Can you trademark the same name in a different class?
- Can someone steal your business name?
- How do I stop someone else using my business name?
- Can 2 businesses have the same name in the same state?
- Can two companies have the same name in different countries?
Can there be 2 LLC with 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..
Can I use a company name that already exists?
Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours.
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.
How do I check if a company name already exists?
To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system. This search is especially important because failure to check existing trademarks could result in charges of willful infringement of a company’s trademark rights.
How many companies have the same name?
Yes, you can have a company with exactly the same name. But, only if your business is not in the same “class” of business as the other company(s). Looking at a trademark search for “Virgin” (Trademark search at USPTO ) there are 829 current and past trademarks that use this word.
Can you use the same brand name for different products?
And the answer to that is yes because when you register a trademark, you don’t get a monopoly over a word, phrase, or logo itself. … So as long as your products and services are completely different from the other registered trademarks you can safely use or even register that.
Can you sue someone for using your business name?
Trademark. Trademarking your business name gives you more protection than just registering it. Once you’ve trademarked it, you can sue anyone who infringes on it. Even a name that’s not identical can infringe if it’s close enough to confuse your customers.
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 you trademark the same name in a different class?
Thus, two different companies can have the same trademark, even for goods/services within the same class, so long as consumers are not likely to be confused about the origin of the goods/services.
Can someone steal your business name?
So, while your trademark can be the same as your trade name, your trade name is not a trademark. … And a business who steals or infringes on another businesses trademark can face consequential monetary damages from State and Federal courts if they don’t stop doing it.
How do I stop someone else using my 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 2 businesses have the same name in the same state?
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.
Can two companies have the same name in different countries?
Can two companies have same business name in different countries or states of USA? … Yes, it is very possible if the business name is not trademarked or registered in the same country or state. A trademark has a territorial aspect; it functions only within the country or state where it has been registered.