Question: Can I Use A Name For A Business That Already Exists?

Should you trademark your brand name?

Summary.

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 I 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 there be two companies with the same name?

The name of a company is not necessarily a trademark, so you are conflating two different concepts: A company name is the legal identity of the company, like your name is for you. … In general, within the same jurisdiction, you cannot have two company names that are the same.

How do you know if you can use a name for your business?

You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. 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.

What is the difference between a trading name and a business name?

A ‘trading name’ refers to an unregistered name that businesses could use before the introduction of the National Business Names Register on 28 May 2012. A trading name is not a registered business name. If you wish to continue using a trading name, you need to register it as a business name.

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.

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.

Can I trademark a name that already exists?

Registration is only one part of trademark protection. … For this reason, many people choose to use their trademarks before registering them. In this situation, you can register a trademark that already exists, and the U.S. Patent and Trademark Office offers a registration form for trademarks that are already in use.

What Cannot be trademarked UK?

Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.

How do I name my small business?

Here are 12 helpful suggestions on how to come up with a winning name for your business:Avoid hard-to-spell names. … Don’t pick a name that could be limiting as your business grows. … Conduct a thorough Internet search. … Get the .com domain name. … Use a name that conveys some meaning. … Conduct a trademark search.More items…•

Can I use another company name in my advertising?

In general, it is not illegal to compare yourself to your competitor in the advertising context, so long it is not untruthful, disparaging, misleading, or confusing to the public. Additionally, the use of a competitor’s trademark cannot lead the public to believe that the company is endorsing you.