Can Two Companies Have The Same Name?

Can I trademark a name that already exists?

A business name generally can be protected as a trademark under federal and state trademark law.

As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar..

How do I know if a brand name is taken?

Legal Availability of Business Names in the United States You can conduct a search by yourself as well. You can go directly to Trademark Office and use their search engine Trademark Electronic Search System (TESS). The searches are free of charge, faster and often more up to date than commercial services.

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 word Enterprise in my business name?

When choosing a business name, keep the following tips in mind: … Don’t use the word “Enterprises” after your name; this term is often used by amateurs.

Do I need to trademark my tagline?

Taglines such as “Think Green” or “Proudly Made in the USA” have been denied protection by the USPTO for being merely informational. … Accordingly, so long as a tagline or slogan is either inherently distinctive or has developed secondary meaning, a tagline is protectable as a trademark.

Can a business use the same name as mine?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first. …

Can two companies have the same slogan?

Just because a company has trademark rights, those rights do not absolutely prohibit anyone else from using the same name, logo, or tagline. … The same exact trademark you use can be used on a substantially different product or in a substantially different industry.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

Can you own a slogan?

You Don’t Need a Trademark to Make a Slogan Your Own You can adopt a slogan for your brand without filing out a trademark application. If you want to keep others from using it, however, you should trademark the slogan.

Can I trademark a name already in use but not trademarked?

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.

How can I make sure my business name is not taken?

First check with your county clerk’s office to see whether your desired name is already on the list of fictitious or assumed business names in your county. (In a few states, there is just one statewide fictitious name database — if that’s the case in your state, your county clerk will tell you.)

How do you know if a brand is trademarked?

The national trademark office of India is accessible online at the following URL: www.ipindia.nic.in.

Can two brands 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.

If you are using your business name as your trademark, you can also register your business name as a trademark. Registering your trademark will give you exclusive rights to it in Canada for at least 15 years (you can renew it indefinitely as long as it is still being used).

How do I know if a business name is good?

Here are seven things I consider when determining a business-related name:The name needs to sound good when it’s said aloud. … Use a name that has meaning to it and conveys a benefit. … Avoid Web 2.0-ish syndrome. … Beware initials. … Use specifics. … Make sure you can trademark the name. … Test it out on Google AdWords.

What are the 3 types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

Do trademarks make money?

But registering a trademark isn’t just an opportunity for entrepreneurs to preserve all of their hard work from getting used by another company – it’s another way to make money too. Some trademarks are worth billions. Google’s trademark value totals a whopping $44.3 billion. Microsoft’s comes in at $42.8 billion.