Question: Does My Business Name Have To Be Unique?

How different does a business name have to be?

The requirements for name availability vary from state to state, but, in general, states don’t allow two business entities with the same, or almost the same, name.

This means that once you have formed your business, your state won’t allow another company to be formed with the same name..

Can I use any business name?

There may be a situation in which you are the first to use your business name, but another company is the first to register their trademark with the state or federal government. In most cases, courts will allow you to continue to use the name in your market but limit your business activities to your locality.

Can there be companies with the same name?

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.

Does an LLC protect my business name?

When you incorporate, form an LLC, or file a DBA (Doing Business As), this process registers your business name with that state’s secretary of state. … It prevents anyone else from using the name within the state, but it doesn’t offer any kind of protection in the other 49 states.

Can someone steal my business name?

It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. You can do this online through a number of services or hire an attorney. … However, you can probably trademark a combination of words, such as “Biz Tipz for You”.

Do I need an LLC to get a trademark?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company’s name and its product names, brand identity (like logos) and slogans.

What should you not do when naming a business?

1. Avoid using your personal name, first or last, in your business name. In the event your venture falters, you do not want your name associated with failure, advises smallbusinessfindlaw.com.

What if my business name is close to another?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like. … That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.

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.

What happens if someone trademarks your 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 to applyStep 1: Choose a business name. Although there are few restrictions on a business name, you should choose your name carefully. … Step 2: Get a Business Name Report. This step is recommended, but not mandatory. … Step 3: Fill out the forms. … Step 4: Take your Alberta registration information to a service provider.

How do I choose a name for my 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…•