Can Someone Steal Your Business Name?

How do I make sure no one can steal 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 keep someone from using my business name?

How to Protect Your Business NameProtecting Your Name in Your Home State. One of the best ways to protect your business name in your home state is to form a business entity such as a corporation or a limited liability company. … Filing a DBA or Registering a Business Name. … Trademark a Business Name. … Copyrighting a Business Name. … Internet Names.Oct 27, 2016

Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

How much does it cost to trademark your business name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO’s Trademark Electronic Application System (TEAS).

What do you do if someone copies your business name?

You can apply to a company names adjudicator to have a Ltd company name removed from the Companies House register because it’s the same name, or so similar as to mislead and confuse. You can also take them to court for trade mark infringement or for ‘passing off’ if you haven’t trade marked your name.

Can two business have the same name?

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). … However, if the business operate in overlapping markets and have similar names, there are a series of factors we must consider to determine who has priority.

What can you do if someone steals your business idea?

If someone steals your idea, let them. Take it as a compliment. Venture capitalist Paul Graham said people overvalue ideas: “Actually, startup ideas are not million dollar ideas, and here’s an experiment you can try to prove it: just try to sell one…

Can I sue someone for stealing my business idea?

An idea by itself is not protectable. … Ideas alone are not protected under intellectual property law. There are two primary ways that you would be able to sue the company for stealing your idea. The first is if you did, in fact, reduce the idea to a protectable form before telling the company about it.

What happens if someone trademark your business name?

The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.

Can someone take your 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.

How do I claim my brand name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

Can you sue someone for using your business name?

Thus, only individuals can sue for unlawful use of name or likeness, unless a human being has transferred his or her rights to an organization. Note that companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes.

How do I protect my small business name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.

What happens if you have the same business name as someone else?

If your exact business name is taken by another company, your state’s Secretary of State will not permit duplications so as to avoid confusion. That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.

Can someone copy 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.