Is a company name the same as a trademark?
The law makes a definite distinction between the two—a trade name refers to the company’s official name, while a trademark provides a company’s brand with legal protection.
Does company name need trademark?
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.
Are company names trademarked or copyrighted?
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.
Can a company name infringe a trademark?
If you have a registered your business name as a trademark, you have the legal right to stop another business or person from using your business name. Any Illegal use of your business name would be considered trademark infringement.
Does a trademark override a business name?
A trademark is registered to identify a product or service. A business name is registered to identify a business that wishes to trade other than with its own name. A company name is the name of a specific type of legal entity.
How do you legally protect your business name?
Trademark Your Business Name The most effective way to protect a business name is to register it as a trade mark. A trade mark gives you exclusive legal rights to use your business name in relation to your goods or services or closely related goods and services.
What happens if you dont trademark your business name?
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.
Does a trademark protect your business name?
A trademark prevents anyone else from selling similar goods and services within the United States under that business name. The primary purpose of trademarks is to prevent confusion in the marketplace, so the protection applies to only a particular category of goods and services.
Can you use a company name without permission?
In most states, you can be sued for using someone else’s name, likeness, or other personal attributes without permission for an exploitative purpose. Usually, people run into trouble in this area when they use someone’s name or photograph in a commercial setting, such as in advertising or other promotional activities.
How do I protect my company name?
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 United States from using your trademarked names.
Does registering a company protect the name?
Company names and trade mark law There’s a common misconception that you can stop others from using your business name by registering the name at Companies House. Sadly, this is wrong. Incorporating a new company will prevent other businesses from registering the same, or a very similar, company name to yours.
Whats the difference between an LLC and a registered trademark?
Legal Protection LLCs and trademarks are each an integral part of the business world, but both serve different purposes. While LLCs are legal business entities that protect the personal assets of business owners from lawsuits and bankruptcies, trademarks protect the intellectual property of the business.
What if my business name is trademarked?
You can file a lawsuit in federal court to enforce your trademark. Registration creates a legal presumption that you own the trademark and can use it for the goods and services listed in your trademark application. This is helpful if you ever need to sue someone to enforce your trademark.
What is it called when someone uses your company name without permission?
The USPTO defines trademark infringement as “the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.” Aside from ownership and seniority, the plaintiff in a …
Can someone use my company name?
Only the owner of a validly registered trade mark has the exclusive right to use that name. This means someone could register a company in a different name to yours and still trade using your name.
Is it better to get an LLC or trademark?
In the end, it is best to form the LLC or business entity before filing a trademark application. It is best to work with an attorney who is licensed in your state to set up your LLC. Alternatively, you can use a trusted online filing service or other DIY resource.
What is the difference between a trade name and Trademark?
Other terms for trade name include ” doing business name “, “fictitious name”, or “assumed name.” Registering your company’s trade name is much simpler than registering for a trademark but doesn’t offer the same legal protection. It only serves as the official name of your company.
Should I trademark or register my business name?
There’s little chance that a customer will confuse the two. However, if you plan on expanding nationwide, selling your products/services across the country, or are just concerned that a partnership might use your name, then you should protect your name on a federal level with a trademark.
Is it legal to use a trade name legally?
However, legal protection on trade names varies amonn states. In general, registering a trade name does not give you unlimited rights to exclusively use that name. Some examples of specific language include: “A trade name provides notice that you are using that trade name, but does not prevent anyone else from using the same name.”
Can two businesses operate under the same trade name?
In many states, registering a trade name doesn’t prevent anyone else from operating a business under the same trade name, which explains why you may find more than one company named Joe’s Painting and Roofing operating in different cities in the same state.