Trademark and Business Name Guidelines
Trademark Searches and Registration
If a company name already exists as a trademark, you can’t use it even if the company doesn’t operate in your state. To check for existing trademarks:
- Search for the name using the USPTO website’s electronic search system.
- Obtain a trademark by filing an application with the United States Patent and Trademark Office (USPTO).
- File for a trademark to ensure no one else can legally use your business’s name or branding.
Company Naming Constraints
For business names and trademarks, there are several restrictions:
- Prohibited Words: Cannot imply a governmental unit.
- Unique Requirements: UK and Indian laws require a company name to be unique or receive government approval if similar.
- Industry and Location: Companies could share a name if they operate in different industries or locations, reducing consumer confusion.
Copyright and Infringement
Using the same name as another business will typically not be acceptable when:
- Selling different products or services but operating within the same industry as another company.
- The name is in use by a major national brand.
- The other business registered for trademarks first.
If you find another company using the same name, it’s possible to negotiate or issue a cease and desist letter if disputes arise. Registering a trademark is a vital step in protecting a brand.
Checking Business Name Availability
- Use the Company name availability checker for UK names.
- In most states, use the website of the state business filing agency’s online entity name check tool.
Legal Recourses and Considerations
- The company name is the legal identity, not necessarily a trademark.
- If not trademarked, similar names may not constitute infringement.
- In matters of infringement, the first to use and register the name typically has the rights.
- It is crucial to check with state regulations and USPTO to avoid legal issues.
Additional Queries
- Google Maps Visibility: Lack of location authority can prevent your business from appearing on Google Maps.
- Shared Names Between Different Brands: Similarities might exist, but trademarks protect from direct copying or infringement.
- Business Name Selection: Aim for a name that’s not identical or nearly identical to another to ensure registration and avoid market confusion.