Can you make a name of your business similar to an existing one?
You can use as many business/trading names as you like, but you should avoid using one that is the same as the registered name of a company in the same industry. This could be viewed as ‘passing off’, which would mean you were taking advantage of a company’s goodwill and trust.
Can you trademark a name with a different spelling?
Thus, if your mark has a different spelling but sounds the same as an existing mark, you will likely be refused for a likelihood of confusion with that mark. – Similar markets. Trademark protection is limited to the goods or services identified in the application.
Can business name differ from trademark?
It is possible to register a trademark that is the same as a business name, but their different registrations are to achieve different objectives: Registration as a trademark is to brand a product or service.
Can you trademark a pronunciation?
The trademark covers the spelling and the logo. Even if it is spelled differently, if it sounds similar enough to your name that people could mistake the new company for your company, then you would be able to take legal action against them.
How can I make sure my business name is not taken?
Use the USPTO’s free trademark database. You can search for federally registered trademarks by using the free trademark database on the USPTO’s website.
How do I protect my business name?
Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.
Can more than one person trademark a name?
Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.