If the name you choose is similar or identical to a registered trademark (especially if it is a registered federal trademark), you should also avoid it. A federal trademark gives the trademark owner the right to use the trademark name exclusively in each state of the country. Confusion consists of confusing one business with the other and mistakenly believing that both are operated by the same entity [para. 134]. Still, it`s an incredibly bad idea and I strongly advise against it. There are many reasons for this, but one of the most important is that it is considered an intentional and/or intentional violation – which, if proven, allows a judge to impose very hefty fines on the offender. It`s definitely not something you want right now as a business owner. You will need a unique name for your business when you submit the documents to formalize your business structure. If you plan to operate your business as a corporation, nonprofit, limited liability company (LLC), or limited partnership (LP), you`ll need to check with your state to see if another business entity is already using that name. Your Secretary of State or similar authority will handle business registrations. This agency often has a searchable database that you can use to find out if the name of another local business entity is the same or similar to yours. Plus, protecting your company`s nicknames is just as important as protecting your official name. Whether it`s your own marketing efforts or your use by others, if your business is commonly known by a nickname, that nickname often becomes more valuable than your registered name.
“DQ” instead of “International Dairy Queen, Inc.” or “The Hut” instead of “Pizza Hut, Inc.” are just a few examples. Your business must not only be aware of this reality, but take full advantage of it. Before registering a company name, we must apply the rules that are made to avoid confusion between company names in the register: see the rules under the determination of the registration of business names (availability of names) 2015. As a business owner, starting a business affects your entitlement to all facets of your business, including your business name. For example, you couldn`t open a grocery store called “Hole Foods” because it would be too similar to the well-known grocery chain “Whole Foods.” “Trademark infringement occurs when you use an identical or similar trademark of your competitor and consumers are likely to be confused about the origin of the goods or services. In other words, almost exactly what we defined the problem above when two competing companies have similar names. Last month, I came across two companies that have adopted trade names that resemble established competitors. This is a big problem because it creates confusion among consumers and usually leads to a lawsuit in federal court for trademark infringement. Under unfair competition laws and the Lanham Act, two things must apply to similar names in order to illegally confuse consumers. First, the names must actually be confusingly similar.
Second, the names must have caused confusion before, or are likely to do so in the future. Names are not considered side by side [para. 135]. There are a few situations where it may be acceptable to use a name that already exists – just make sure the name you`re using isn`t famous! For example, if another company already uses the name you want to use, but the other company sells a radically different product than the one you want to sell, you may be able to continue using the name you chose. In addition, geographic location can be a factor that allows you to use an identical name. If the business that already bears your name is remote and only serves a small population, it`s safer for you to use the name. There are many online resources to help you find unregistered business names. For example, there are databases of business units that are more suitable for the manufacturing industry. There are additional online resources to check the availability of website domain names. Of course, introducing a contextual consideration for a business name system may be a step too far. Ensuring that a trademark application correctly describes the goods and services for which the trademark is used requires skill and foresight.
Such a system entails costs that may be acceptable for a voluntary system such as trademark registration, but which may be politically unacceptable for a mandatory system such as company names. If you want to use your company name as a trademark, you must also register your trademark with the U.S. Patent and Trademark Office. To register your trademark, you must prove that you have used it commercially for at least five years before filing your application. The rules determine how we should know if a business name is identical or nearly identical to another name. According to the rules, the expression “identical or almost identical” has a specific meaning. If a name is identical or almost identical to another name, we are not allowed to register it. However, the law does not prevent the registration of similar company names. The Company Name Registry displays all company names so that those who interact with a company identify the company and how they can be contacted. The first step to protecting your business name is to register your business as an LLC or business. When you register your business, you need to look for a business name to see if the business name you want to use is already in use by someone else.
Many companies in the United States choose to form an LLC (Limited Liability Company) or corporation to protect their personal assets. While there is an extensive law on cases where two trademarks are too similar to coexist, the corresponding counterpart under the Trade Names Registration Act 2011 was more mysterious. When forming an LLC or business, you will need to look for the company name registration in your state and select a name that is not already taken. Once you`ve found a name that isn`t already in use, save it as your business name. Absolute! Domain names are also an important consideration when it comes to trademark registration and registration, especially since many businesses operate online and have a strong online brand presence. The same trademark law for registered company names also extends to domain names. If another company has the same domain name as you, you can sue them for trademark infringement and vice versa.
