Can You Register The Same Llc Name
Tin can Two Businesses Take the Aforementioned Proper noun?
So you've started a business organisation, and can't wait to use the amazing business name you've always dreamed about. Simply before you exercise, you're worried nearly making sure you have a unique business name, as well as if it's possible for two companies to share the same one. And if information technology is allowed, is information technology a expert idea to have the aforementioned company proper name equally some other business?
Earlier you lot go through the procedure of trademarking a name or changing it completely, let's take a closer look at the ins and outs of concern naming, including what it means to have the same name equally another concern, and how you can address this possible business conflict. We'll also wait at the trademark protection process so you can claim the proper name you lot desire, and ensure it legally belongs to your business only.
Tin can my company take the same name as another company?
As an entrepreneur, your visitor formation affects your legal correct to all facets of your business organization, including your business proper noun.
If you have registered your business organization name as a sole proprietorship or a partnership, you become to access the benefits of being a business organisation owner, merely you practise not accept any concern name protection whatsoever. So, your company can take the same name equally another visitor, and vice versa, with no claims of trademark infringement.
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Nonetheless, if your business is using a company name that's the same as some other incorporated visitor, at that place could be grounds for a legal dispute, and you may not be able to legally use the business name.
What are the rules around names that are the same or also similar?
If you're worried almost your company using the same name as some other company and aren't sure what the rules are around business concern names that are the same or similar, pause and consider your customer. The claim to a business proper noun has a lot to do with consumer confusion, and whether having ii similar or same names volition exist a sore betoken for consumers. If you and some other business have the same or similar proper noun, but you are both non operating in the same industry or field, you may accept a case for no consumer confusion, and in that location may be no outcome.
For example, maybe your company works in tech, and a business organization with the same or like name works in mining. In this case, the consumer confusion factor is pretty low. Even so, if two companies are operating in the aforementioned field or industry, such equally two clothing brands with the same name, this could be an issue.
Another consideration is the name first rule. If your business was the first to apply the name and registered the name beginning, and then you may have the grounds to debate your legal correct to the business proper name. If your visitor trademarks the proper name first, this will besides give y'all more than of a right to use the proper noun.
How practice I bank check if the company name I want is already taken?
If you lot are registered as a sole proprietorship or a partnership, you can't really cheque if your visitor name is already taken beyond typing it into a search engine similar Google and seeing what comes up. Monitoring what's online is an important way to forbid naming issues and protect your business' make.
If you decide to incorporate your business, you tin can confirm you lot are using a unique business name past doing a NUANS name search, the official Canadian federal trademark search. Submit your proposed corporate name to the federal database to come across if there are any same or like names already registered. To exist approved by Corporations Canada, your concern proper name must be distinct and not disharmonize with any existing business names. It also cannot be similar to the name of some other business organisation in your geographical surface area that sells similar goods or services.
Go on in mind that though your concern name may be approved past Corporations Canada, there is nonetheless a gamble that another corporation is already using information technology, and in that case, information technology will be your responsibility as a business organisation owner to settle any disputes with other businesses.
How can I protect my company's name?
To ensure your company proper name is yours alone, start past incorporating your business at the provincial and federal levels. When you incorporate at both levels, your business concern name is reserved for apply by your business but throughout Canada, and yous have a legal claim to using the name.
Another pick is to practice a trademark registration. Doing this gives you trademark rights to your business name and gives you the legal right to pursue trademark infringement lawsuits at a provincial or federal level if needed. Make certain you have the necessary trademarks for your business name, too as incorporation in place, to protect your brand.
Should I also protect my domain name?
Admittedly! Domain names are also an important consideration when it comes to registering and trademarking, especially every bit many businesses operate online and have a strong online brand presence. The aforementioned trademark laws for registered company names extends to domain names. If another business has the same domain proper noun as you, you tin can accept legal action against them for trademark infringement, and vice versa. Protect your domain name by purchasing it and using it your company'due south branding, packaging, and other marketing collateral and then it is clear it is linked to your business organisation, and not bachelor for utilize past other companies.
How do I settle a name dispute with some other business?
If you end up coming across another business with the same name, trademark, or domain proper noun as yours, send them a cease and desist letter equally a alert. This will demonstrate you are aware of trademark law and would like them to stop using the name. If they do not respond appropriately, and the violation continues, you can take further legal action to demonstrate the infringement has negatively impacted your business concern. As the wronged party, y'all may exist entitled to amercement, depending on the severity of the infringement.
Now that nosotros've covered the ins and outs of naming your business, and protecting your brand, you lot should be able to pursue this aspect of entrepreneurship with confidence and clarity.
Ready to start your business organization? Ownr has helped over 60,000+ entrepreneurs striking the ground running quickly—and affordably. If you lot take questions about how to register or incorporate your business, email us at [email protected]
This commodity offers general information just, is current as of the date of publication, and is not intended as legal, financial or other professional advice. A professional advisor should be consulted regarding your specific situation. While the information presented is believed to exist factual and current, its accuracy is not guaranteed and it should not be regarded as a consummate analysis of the subjects discussed. All expressions of opinion reflect the judgment of the author(due south) as of the date of publication and are subject to change. No endorsement of any tertiary parties or their advice, opinions, information, products or services is expressly given or implied past RBC Ventures Inc. or its affiliates.
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Source: https://www.ownr.co/blog/two-businesses-same-name/
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