Question: How Do I Legally Protect My Business Name?

Does an LLC Protect your name?

Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state.

However, there’s nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state..

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

How do I protect my small business 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 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.

How do I protect my assets when starting a business?

8 Things You Must Do to Protect Your AssetsChoose the right business entity. … Maintain your corporate veil. … Use proper contracts and procedures. … Purchase appropriate business insurance. … Obtain umbrella insurance. … Place certain assets in your spouse’s name. … Consider the homestead exemption. … Look into tenancy by the entirety.

Can my employer sue me for starting my own business?

Businesses within states that allow Non-Compete Clauses (NCCs) happily use them. … But even if you live in a state without a NCC, or never signed one, you could still be sued for starting your own company if its built on proprietary information.

Can an LLC own a trademark?

There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.

How can I legally 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.

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.

Can I use the same name as another business?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

When filing an application to trademark your business name on a federal level through the USPTO, you should count on paying between $225 and $600. According to the USPTO website, the trademark fees you’ll pay depend on: The number of trademarks you seek. The class of goods and services you intend to trademark.

How do you make sure no one can use your 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.

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.

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.

What do you do if someone uses 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.

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.

Does registering a company protect the name?

Incorporating a new company will prevent other businesses from registering the same, or a very similar, company name to yours. A trade mark is a sign which can distinguish your goods and services from those of your competitors. Registering a company name does not automatically protect it by trade mark law.