How Do You Make Sure No One Can Use Your Business Name?

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..

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.

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.

Is there a difference between sole trader and self employed?

Sole trader vs. … To summarise, the main difference between sole trader and self employed is that ‘sole trader’ describes your business structure; ‘self-employed’ means that you are not employed by somebody else or that you pay tax through PAYE.

Can two sole traders have the same name?

When you register as a Sole Trader you register your own name with HMRC and this is the name that you should be trading under (e.g. John Smith). However, you can use a ‘trading as’ name. … There is also no way to check if another sole trader is using your trading as name, leaving yourself open to claims of passing off.

Can someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context. Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged.

How do I protect my business name as a sole trader?

Protecting your nameRegister as a limited company. Even if you are trading as a sole trader or partnership, the company name can remain dormant until you wish to change your trading status.Register your name as a trademark.

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 protect my brand name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

Can two LLC have 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 you have a business name if you are a sole trader?

You can trade under your own name, or you can choose another name for your business. You do not need to register your name. You must include your name and business name (if you have one) on official paperwork, for example invoices and letters.