Quick Answer: Can You Use A Business Name That Already Exists?

Can you use a business name that already exists UK?

Your name cannot be the same as another registered company’s name.

If your name is too similar to another company’s name or trade mark you may have to change it if someone makes a complaint.

Your name must usually end in either ‘Limited’ or ‘Ltd’..

Can I trademark a name that already exists?

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 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 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 I use a trademarked name?

If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

How long does trademark last?

ten yearsYour trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after. You will need to pay extra fees if you renew after the due date.

How do I find out if a business 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.

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.

How do I make sure my business name isn’t taken?

Use the USPTO’s free trademark database. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.

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 two clothing brands have the same name?

Often two companies co-exist with similar names for several reasons. … baby clothing, or the other companies are in different jurisdictions and do not cross each others’ consumer base etc. Legally, it is the trademark owner’s responsibility to enforce his/her trademark rights.

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.