Question: How Do I Make Sure No One Takes My Business Name?

Can I change a logo and use it?

Logos are protected by trademark and copyright.

If you modify someone else’s logo for your own use, the modifications must be significant enough so that no reasonable person could confuse your logo for the original logo.

It might likewise be an infringement on copyright..

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 I sue someone for using my business name?

The unauthorised use of your business name may also entitle you to compensation. If the infringing business refuses to cooperate, you can choose to initiate court proceedings.

How do you secure an LLC name?

Contact the business license office for the county or city where your business is. Obtain a DBA, or doing business as, application. This registers the business name with the local city or county, so the local authorities are aware of the business and its legal name.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

Does an LLC protect my business 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.

Does a DBA protect you?

A DBA does NOT protect you personally. A DBA offers no protection of your personal assets from lawsuits. To receive proper protection and separate your personal assets from your business assets, you need to form a proper legal entity. The more common entity in Texas is the Limited Liability Company (LLC).

Does registering a company protect the name?

Registering a business name will not stop someone who has registered the name as a trademark from using it. … The obligation to register a business name is separate to protecting any intellectual property rights in a name or brand, such as registering a trademark.

What is difference between logo and trademark?

A trademark protects a slogan, phrase, word, company name, logo, or design that identifies a company and/or its goods. A logo is a symbol or design used by a company that may fall under trademark protection laws. Many businesses choose to apply for trademark protection on their logos.

Business names Before you start operating, you must register a business name if you are trading under a name that is not your own. You cannot register a business name that is identical or too similar to the registered name of another Australian business or company.

While copyright protects your work authorship, a trademark protect all the details so no one else can use it. Trademark protects details like: mark, name, font, colors. If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans.

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.

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

How do I protect my DBA name?

File a federal trademark.Check your national trademark registration authority to search for names similar to yours. … Look for another name if your business name is already taken.Consider filing the trademark application yourself (if your business name is available).More items…

What is the first step to starting a business?

Conduct market research. Market research will tell you if there’s an opportunity to turn your idea into a successful business. … Write your business plan. … Fund your business. … Pick your business location. … Choose a business structure. … Choose your business name. … Register your business. … Get federal and state tax IDs.More items…

Does this business name exist?

The quickest and easiest way to check potential name availability is to simply go to your favorite search engine (like Google) and do an online business name search. … org on the end to see if any business entity comes up or if there is a similar name out there that would be competing with your brand.

A business name is your business’s legal name. It is the official name of the person or entity that owns a company. And, it’s the name you use on your government forms and business paperwork. … Limited liability companies (LLCs) and corporations must establish their legal names when registering the business.

You can get a trademark, service mark, and maybe even a design patent on some manifestations of a logo, but not copyright. If you haven’t trademarked a logo then you cannot prevent someone else from using it. … If you haven’t trademarked a logo then you cannot prevent someone else from using it.