Can I Register An Llc Name To Prevent Others From Using Name?

What If Another Business concern Uses Your Name?

In the business organization world, your proper name is everything. Enquire Polaroid, Xerox, Kleenex, or Google, -- brands whose names have go synonymous with an entire product; they'll tell you exactly how important a business organization's proper name tin can be to their lesser line.

But you know this already, which is why y'all put so much time and care into crafting your small business concern'due south name. Now all you lot have to do is protect information technology. So what should yous do if another business starts using your name?

Registration

Hopefully, you took our advice on registering the proper noun of your business concern. There are often legal requirements that LLCs, corporations, and limited partnerships annals their business organization names with a land or federal concern authority, but in that location are skilful reasons to register your business organisation proper name even if information technology'south non legally required. After all, you probably checked state incorporation records and did a domain proper noun search before settling on your business name; by registering, you tin can put other businesses on notice that y'all're already using the name.

You lot'll also desire to trademark your business organisation name. Trademarks protect your business concern'southward identity, preventing others from using like words, names, or symbols to sell similar goods or services. Even though you can create trademark protection by use alone, by registering your business name every bit a trademark, you've formed the first line of defence to anyone else using the aforementioned name.

Enforcement

Once registered or in utilise, your focus shifts to protecting your trademark from infringement. If you discover another business using your proper noun, the most mutual first step is to send a cease and desist letter of the alphabet to the other business. Go on in mind that there are meliorate and worse ways to write a end and desist letter, and how you craft the letter of the alphabet will take a large impact on whether the other business complies.

If that fails, you may need to resort to litigation to enforce your trademark rights. A trademark lawsuit may crave y'all to show that y'all've registered the trademark, that someone is infringing on the trademark by using yours or a like mark to sell similar goods or services, and that the infringer's use is confusing customers or otherwise diluting the power of your trademark.

An experienced intellectual holding chaser will be able to assess your trademark instance if another business starts using your proper name.

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Related Resources:

• Scan Intellectual Property Lawyers by Location (FindLaw Directory)
• Business Names: Do's and Don'ts (FindLaw)
• Intellectual Property (FindLaw's Free Enterprise)
• Naming Your Business organization: 5 Legal Tips (FindLaw's Free Enterprise)

Source: https://www.findlaw.com/legalblogs/small-business/what-if-another-business-uses-your-name/

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