An essential step in creating a brand identity is trademarking a company name. It enables corporations to prevent other enterprises from using their names, logos, and slogans. But occasionally, more than one company may use a name that is identical to or similar to another. We will respond to some of the most often asked questions about this topic in this article.
Two companies may share names, but there are a number of different considerations. When assessing trademarks, the U.S. Patent and Trademark Office (USPTO) takes into account a number of variables, including the resemblance of the marks, the similarity of the products and services, and the channels of commerce. The USPTO may decline to register a trademark if the goods or services and the marks are too similar.
Doing business as (DBA) names are made-up names that businesses use in place of their legal names. It is not a good idea for two businesses to share the same DBA name. A DBA name is used to give a business a different name; it is not meant to mislead customers or violate the trademark of another company. Having the same DBA name as another company can cause misunderstanding and legal problems. Therefore, picking a distinctive DBA name is advised.
How Can I Make Certain That My Business Name Is Available? It is crucial to perform a trademark check before selecting a company name to make sure the name is not already taken or overly close to an existing trademark. Using the USPTO website, you can search for trademarks, or you can pay a trademark lawyer to do it for you. To make sure the name is usable across all platforms, it is also important to explore for domain names and social media handles. How Can I Safeguard My Company’s Name and Logo?
Registering a business name and logo as a trademark is the first step towards protecting them. A trademark registration grants the owner the sole right to employ the mark and forbids unauthorized use by third parties. Additionally, it’s critical to keep an eye on how the trademark is being used and pursue legal action against violators. Businesses can also utilize a copyright to safeguard their logos and other original works.
In conclusion, if trademarking the same name results in consumer confusion, two businesses cannot utilize it. Prior to registering the name of your company, it is advisable to perform a trademark search and select an original name for your company. Establishing your brand identification and avoiding unauthorized use of it require protection of your company name and logo.
A DBA (Doing Business As) allows a business to function under a name other than the one it was registered as even though it is not a legal organization. However, an LLC (Limited responsibility Company) is a legal entity that protects its owners from responsibility and keeps their private assets distinct from the assets of the company. In essence, an LLC is a formal business structure that offers legal protection to its owners, whereas a DBA is only a name under which a business conducts its operations.
Depending on the nation or state where a corporation is registered, a DBA (Doing Business As) can have a different number of names. However, as long as they are registered and used for various business reasons, the majority of US states permit businesses to have numerous DBAs. The requirement that each DBA be registered and kept current with the proper authorities individually should not be overlooked.