With trademark protection, a company owner is granted the sole right to use a particular name, logo, or slogan in connection with their goods or services. The United States Patent and Trademark Office (USPTO) registration of a trademark provides the owner with legal defense against the use of identical or confusingly similar marks by third parties.
Can you thus trademark the name of another company? The quick response is no. You cannot use the same name or anything similar that may cause consumer confusion if another business has previously filed a trademark application for their name. If you did, it would be considered trademark infringement and your company might face legal repercussions.
Before registering your mark, it is crucial to carry out a careful trademark search in order to safeguard your company name and logo. You can do a thorough search for existing trademarks on the USPTO website or by hiring a trademark lawyer. You can go ahead and register your mark with the USPTO if your search shows that your preferred name and logo are not already protected by trademarks.
There are additional ways to protect your company name and logo in addition to trademark protection. One choice is to register your company as a corporation or limited liability company (LLC). In the event that your company is sued, this offers legal protection for your personal assets.
Making a DBA (doing business as) registration is an additional choice. A DBA enables you to operate under a new name for your company while keeping your legal identity. This can be helpful if you wish to keep your entity’s legal protections while using a different name for marketing or branding purposes.
Finally, before employing your chosen company name and logo, make sure they haven’t already been trademarked. Legal action for trademark infringement may be expensive for your company. Your company name and logo can be protected by carrying out a thorough trademark search and registering your mark with the USPTO. A DBA registration, LLC registration, and corporation registration are further options to safeguard your company name and preserve your legal entity.
The decision to name your LLC after yourself or not will rely on your preferences and professional objectives. Using your name could be a smart move if you’re trying to establish your personal brand or if it’s well-known in your field. However, you might want to think about using a different name if you intend to sell your company in the future or if you want to keep your personal and professional lives apart. It’s crucial to take trademark rules into account and confirm that no other company is already using the name you’ve picked.