A fun aspect of launching a new business is selecting a name. But before choosing a name, it’s important to make sure that nobody else is already using it. Failure to do so could lead to future legal problems, such as trademark infringement lawsuits. This article will explain how to find out if your proposed business name is taken as well as address other related issues.
The quick response is no. On a “first-to-use” basis, the United States Patent and Trademark Office (USPTO) conducts business. In their field, this implies that the first person or organization to use a name in connection with their products or services has the exclusive right to do so. You won’t be able to use your preferred business name, though, if someone else has already trademarked it. How Dissimilar Can a Company Name Be?
The USPTO takes the likelihood of confusion into account when deciding on business names. Customers may become confused if your chosen name is too similar to an already-used company name, which may result in legal problems. However, the degree of resemblance that is permitted is determined by a number of variables, including the similarity of the delivered goods or services and the routes of trade.
The creation of an LLC (Limited Liability Company) does not immediately grant your company name trademark protection. Although an LLC can offer its owners some degree of liability protection, it does not grant trademark rights. Apply for a trademark with the USPTO if you wish to safeguard your company name. Do I Really Need to Register My Business Name as a Trademark?
Technically, your company name does not require trademark registration. But doing so has a number of advantages. It first grants you the sole right to refer to your products or services by name in connection with your business. This implies that no one else in the same industry may use your name or a name that is similar to it. Additionally, trademark registration might support the development of your brand’s credibility.
In conclusion, a critical step in launching a new business is to determine whether the name you want to use is already in use. Although registering a trademark for your company name is not required, doing so offers important protection and advantages. Keep in mind that it is essential to confirm that there are no trademark registrations for a name before using it if it is already in use.