How Do I Make Sure No One Steals My Business Name?

How do you make sure a business doesn’t get stolen?

4 Tips on How to Protect Your Business Idea from Being StolenNon-Disclosure Agreements and Confidentiality Statements.

A non-disclosure agreement (NDA) is one way to protect your idea before you present it to associates.

Apply for a Patent.

Applying for a patent is a way of protecting a business idea.

Trademark Your Company Name.

Document Everything..

What do you do if someone steals your business idea?

Talk to a lawyer and get your documents in order. Have a lawyer go over your idea to determine which aspects of it can be copyrighted, trademarked or patented. It is especially important to get anybody who works with you under strict, carefully written non-disclosure and non-compete agreements.

Can someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context. Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged.

Does an LLC protect my business name?

When you incorporate, form an LLC, or file a DBA (Doing Business As), this process registers your business name with that state’s secretary of state. Once approved, the business name is yours and yours alone to use within that state.

How do I protect my business?

Ensure the foundation of your business is secure by following these steps:Establish employment agreements. … Apply for trademarks, patents & copyrights. … Secure your information. … Sign confidentiality agreements. … Incorporate your business.

How do you protect the rights to a business name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

Can I sue someone for copying my idea?

An idea by itself is not protectable. … Ideas alone are not protected under intellectual property law. There are two primary ways that you would be able to sue the company for stealing your idea. The first is if you did, in fact, reduce the idea to a protectable form before telling the company about it.

Can an LLC own a trademark?

There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.

Does registering a company protect the name?

Incorporating a new company will prevent other businesses from registering the same, or a very similar, company name to yours. A trade mark is a sign which can distinguish your goods and services from those of your competitors. Registering a company name does not automatically protect it by trade mark law.

The legal name of a business is the official name of the person or entity that owns a business. If you are the only owner of your business, then its legal name is simply your full name. … For limited partnerships, LLCs, and corporations, the legal name of the business is the name registered with the state filing office.

What happens if someone trademarks your business 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 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.

Can two companies have the same LLC name?

Yes, with some exceptions. When you’re forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours.

How do you legally secure a business idea?

The five essential legal tools for protecting ideas are patents, trademarks, copyrights, trade dress unfair competition laws, and trade secrets. Some of these legal tools can also be used creatively as marketing aids, and often more than one form of protection is available for a single design or innovation.

In the U.S., a business gets common law rights to a name as soon as it is used in commerce. That means that as soon as you start selling a product or service, you can claim common law ownership of that trademark without formally registering it with the U.S. Patent and Trademark Office (USPTO).

Can another business use the same name?

You can often use the same business name in your own state or another state, if it is not in the state where the business name is filed, and it doesn’t violate trademark rules. This is common practice for smaller local businesses. However, this depends on what you mean by “business name”.

Can two products have the same name?

Because trademarks are registered for specific classes of products or business. Two businesses in different classes are not in conflict and can have identical names.