Quick Answer: How Do I Protect My Small Business Name?

How do I protect my trading name?

You can register your trade mark:At the Intellectual Property Office to protect it in the UK.At the local trade marks registry in other countries to protect it there.At the European Community Trade Marks registry, to protect it throughout the EU as a ‘European Community Trade Mark’ – one application, one fee.More items….

Can someone steal my 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.

How do I make sure nobody steals 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.

Do I need an LLC if I have a trademark?

To register a trademark, you’ll need to file an application with the U.S. Patent and Trademark Office. … If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC.

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.

Does a sole trader need a business name?

By having a sole-trader or partnership ABN operation you are permitted to trade under your personal legal name/s. … That said, if you are happy to work as Peter Smith, then registering the same as a business name is not necessary. This is no way impacts the requirement that you have a registered ABN.

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.

Do I need a company name to be self employed?

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.

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 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.

How do I legally protect my 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.

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.

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.

What Cannot be a trademark?

Not having a distinctive character A trademark which does not possesses a distinctive character which can differentiate the goods or services from others. It means a brand name which is already registered or applied for registration, cannot be trademarked. It can create confusion among consumers.

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.

How to Protect Your Brand and What to Do If Someone Steals itProtect your unique brand name / logo. If you have a unique brand name or logo, protect it. … Make a paper trail. … Watch for trademark violations. … Keep your domain. … Trademark your new name BEFORE releasing it. … Register your new domain. … Announce the change.

If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that products they use are your property. In order to prevent unauthorized use of your mark by third parties, you have to choose a strong one.

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.

Can there be two LLC with 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.

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.

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.