Can you start the same business as someone else?

Can I start a business under someone elses 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.

Can 2 businesses have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

Can someone name their business the same as mine?

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.

How do you stop someone from using your business name?

File for a trademark on your business name. A trademark is the only way to prevent others from using the name and gives you legal recourse should someone attempt to use it.

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Can you start an LLC for someone else?

To form a limited liability company, you’ll need to choose someone to act as your registered agent. … Every limited liability company must have a registered agent—someone who can accept lawsuits and other official documents on behalf of the business.

What happens if someone trademarks your business name?

If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. … If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy.

What happens if you have the same business name as someone else?

If your exact business name is taken by another company, your state’s Secretary of State will not permit duplications so as to avoid confusion. That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.

Can there be two LLC with the same name?

Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. … Others can form LLCs and businesses in other states that have the same name as yours. If you want to protect your business name across all states, you will need to trademark it.

Does my business name already exist?

To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system. This search is especially important because failure to check existing trademarks could result in charges of willful infringement of a company’s trademark rights.

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