Question: Can I Have The Same Name As Another Business?

What is the difference between business name and trading name?

A ‘trading name’ refers to an unregistered name that businesses could use before the introduction of the National Business Names Register on 28 May 2012.

A trading name is not a registered business name.

If you wish to continue using a trading name, you need to register it as a business name..

Can you use a similar business name?

ASIC is responsible for registering business names under the Business Names Registration Act 2011 (Business Names Act). … If a name is identical or nearly identical to another name, we must not register it. However, the law does not prevent the registration of business names that are similar.

Can you sue someone for using your business name?

Trademark. Trademarking your business name gives you more protection than just registering it. Once you’ve trademarked it, you can sue anyone who infringes on it. Even a name that’s not identical can infringe if it’s close enough to confuse your customers.

How can I protect my business name?

4 ways to protect your company nameRegister the company. It is not possible to reserve a company name with the intention of incorporating it later, therefore it is best to register your company as early as possible to avoid any disappointment. … Register a domain. … Consider similar names. … Business information tracking.

Can someone steal your business name?

So, while your trademark can be the same as your trade name, your trade name is not a trademark. … And a business who steals or infringes on another businesses trademark can face consequential monetary damages from State and Federal courts if they don’t stop doing it.

Is my brand name taken?

Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.

What words Cannot be used in a company name?

Restricted Words in Company NamesA. Accounts Commission for Scotland. Accredit / Accreditation / Accredited / Accrediting. … B. Banc / Bank / Banking. Benevolent. … C. Chamber of: Commerce / Business / Enterprise / Industry / Trade / Training. … D. Dental / Dentistry. … E. Ei Fawrhydi / Ei Mawrhydi. … F. Federation. … G. Government. … H. Health and Safety Executive.

Can 2 companies have the same name?

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). … However, if the business operate in overlapping markets and have similar names, there are a series of factors we must consider to determine who has priority.

Can another business use my name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

How much does a business name cost?

The fees for registering a business name are: $37 for one year. $87 for three years.

How long is too long for a business name?

Standard advice when choosing a domain name for your business is to not go for anything over 15 characters. The reasoning being that the name needs to be catchy and memorable. The standard view in psychology is that the limits of human short term memory are about 3-5 chunks of information.