If your customers are in different geographies, you`re less likely to be confused because you don`t have the same customers. For example, a traditional California marketing company was not competing to attract customers to Florida. Thus, you could have AAA Marketing in Florida and California without any worries of infringement. Both were entitled to the trademark. Trademark laws help protect businesses from unfair competition by protecting logos, symbols, names and slogans that distinguish one company from another. The reason for this is that two companies operating with the same name or other identifying characteristics can cause confusion among consumers. One company may attract customers from another simply because the consumer cannot tell the difference between the two. Legal trade names are registered after a successful submission to your Minister of Foreign Affairs. They will search their database to see if the legal name is available on your incorporation document.

If this is not the case, the founding document will not be submitted. Remember that the guiding principle of the brand is: “Don`t confuse the consumer.” So if it`s really unlikely that the other company`s customers are confused because you have the same name, then there`s really no trademark issue. One of the factors considered by the courts to determine the likelihood of confusion among customers is whether the two companies operate in the same industry. Next, search for legal entity names on the website of the Office of the Secretary of State or the Corporations Division of the state where you plan to start your business. You can also use the status name checking tools to determine whether a name is available. Now that we`ve covered the ins and outs of your business name and brand protection, you should be able to pursue this aspect of entrepreneurship with confidence and clarity. When choosing a name for your business, you should first simply type the desired name into a search engine. It`s a quick and easy way to see if someone is using the same name or something similar and what this company does. Once this step is complete, a few more resources will be available to find all the companies that are already using the name you have chosen.

Choosing a business name is one of the most important decisions a business owner will make. Your company name is often the first impression a customer makes of your brand. It can also impact your revenue, reputation, and even your chances of success. When choosing a business name, it`s important to choose a name that`s easy to remember, describe the business, and grab attention. Keep in mind that it is possible for two companies to own the same or similar brands (for example, Delta Airlines and Delta Faucets). The guiding principle is consumer confusion. If the two brands label different products and operate in different markets, consumers are not likely to be confused. However, if the company operates in overlapping markets and has similar names, there are a number of factors we need to consider to determine who has priority. If the other company registers the trademark before you even start using it, then you are very.

By registering the name, the other company informs you and everyone else that they own the trademark. Thus, you can tell that a competitor has already registered, so settle the claim quickly and efficiently. If there is a likelihood of confusion for consumers, you cannot use the same name as another business. The use of the same name for another business is generally unacceptable if: A trademark is a word, symbol, phrase or design used to identify the products of a manufacturer or seller and distinguish them from the products of others. A service mark is identical to a trademark, except that it identifies and distinguishes services. (The terms “trademark” and “mark” are often used to include trademarks and service marks.) Keep in mind that if you want to expand to other states later, you`ll need to check if the name isn`t already in use there. All must not be lost. You can often use the same company name in your own state or another state if it is not located in the state where the company name is registered and does not violate trademark rules. This is a common practice for small local businesses. 1.

I don`t have a trademark, nor do I have the other company with the same name. Let`s say you own Trojan SEO, a search engine optimization company. You started your business with the launch of your website in October 2004. However, you have not been able to avoid registering your trademark. And lo and behold, in October 2004, another SEO launched the company Three Trojans SEO. This other company with the same name is also not registered. Both companies offer SEO services in North America and advertise to clients primarily through their websites. In this example, both companies could be one way or another.

There is clearly a risk of confusion among consumers, as the names are similar and the companies operate in the same market. In such situations, where neither can prove superiority, the courts will eventually adapt one of the trademarks to reduce the likelihood of confusion and allow both companies to continue operating with minimal disruption. For example, the court may order you to change your name to War Horse SEO. The result would be very different if one of the parties could prove that it was the first to use that name. For example, if you have been using Trojan SEO since 1997 and three Trojan SEOs were only launched in 2001, you would clearly have priority over them. You would have the right to use the name SEO Trojan in this market. 2. Although I was the first to use the trademark commercially, the other company registered the trademark nationwide before I could access it. Let`s say Three Trojans SEO has a website that they launched in 2001 and at the same time registered the name nationwide. Their company, Trojan SEO, went live in 1997 and never recorded anything. You`re first in time, but how does that compare to a state-registered trademark? Well, chances are you`re still allowed to use the name in the marketing territory that existed at the time Three Trojans was registered. However, you will not have priority in a market beyond what you were using at the time the domain name was registered by Three Trojans.

Their growth is limited. If you can prove that Three SEO Trojans knew you were using the name SEO Trojan before it started using Three Trojans, you will be in a very strong position. Intentional violations will be severely punished. Three Trojans SEO may need to cancel its trademark registration if it has intentionally infringed your trademark. 5. The other company filed an “intent to use” before I used the trademark. Once you`ve developed a business plan and come up with a business name to use, it`s a good idea to submit a Request for Intent to Use to the PTO. If you submit an intent to use and someone uses the same or similar business name before launch, your rights are protected. Therefore, “intent to use” apps are an important part of creating a viable business plan and protecting your interests during the process. The fastest and easiest way to find out if there is a business with your name offered in your state is to use our business name finder. It`s completely free, and you can search the commercial register of any state and search for company and LLC names.

We always recommend checking the availability of company names. If the name is not available, try to make it unique by changing the label, adding additional words, or changing the name completely. If you decide to start your business, you can confirm that you are using a unique business name by performing a NUANS name search, the official trademark search of the Canadian federal government. Submit the name of your proposed business to the federal database to see if the same or similar names are already registered. To be approved by Corporations Canada, your business name must be unique and must not conflict with existing business names. It also can`t be the same as the name of another business in your geographic area that sells similar goods or services. This question is related to the third factor above. In a perfect world, before registering a trademark, do a thorough research of your market to make sure that no one but you has used the trademark. So in the ideal world, it would never be the case that you registered the trademark but someone else used it before you. Since the first person to use the company name gets dibs, the trademark registry would be a very accurate database of who owns which trademark.