There are a few places you should check to see whether a name is taken:
- Search the Internet. The easiest way to check if someone else is already using your proposed name is to search the Web.
- Search national name databases.
- Check trade names in other provinces and territories.
How do you check if a brand name is taken already?
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. Live.
How do I make sure my brand name isn’t taken?
Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.
Can two businesses have the same name in Canada?
To be approved by Corporations Canada, your business name must be distinct and not conflict with any existing business names. It also cannot be similar to the name of another business in your geographical area that sells similar goods or services.
Can someone take your brand name?
Your brand is your company’s identity, so it’s critical to secure it with a trademark, which prevents someone from improperly using your business name or branding. To get a trademark, you’ll need to file an application with the United States Patent and Trademark Office (USPTO).
Can 2 brands 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. These requirements include: Are the businesses in the same industry or geographic location?
How do you know if the name you want to brand is copyrighted?
To check if a name is trademarked or protected under copyright, business owners can go to the United States patent and trademark office (uspto) or their online database.
Can I use brand name without trademark?
However, the name of the business can still be used by others if trademark registration is not obtained. For instance, if Acme Technology Private Limited is a registered company, then Acme Technology LLP cannot be registered. However, the word Acme Technology can still be used as a brand name for a software.
Do you have to pay for a brand name?
Fees to trademark a business name
When filing an application to trademark your business name on a federal level through the USPTO, you should count on paying between $250 and $750.
Can you rebrand without changing the name?
A rebrand doesn’t inherently mean a name change. You can do one without the other. (Though it’s more likely that if you are renaming, you probably should consider some degree of a rebrand.) A great example of a company that rebranded (rather than renamed): Old Spice.
Can I use a business name that already exists?
If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours. Trademark issues can be complex. In trademark infringement cases, courts look at whether consumers would be confused by two businesses that operate in the same industry.
How much does it cost to trademark a name in Canada?
$335.93 CAD
Official Fees
There is a trademark application filing fee of $335.93 CAD for the first class of goods and services in your Canadian trademark application. For each class of goods and services beyond the first, there is a further cost of $101.80 CAD per class payable when filing your application.
Can I run multiple businesses under one company Canada?
If you operate a Sole Proprietorship, General Partnership or Partnership in any Province, these registrations do not have the ability to operate a secondary business underneath these existing businesses however you can operate a secondary business by registering another Sole Proprietorship, General Partnership or
What is the cheapest way to trademark?
The cheapest way to file for a trademark is simply to do it yourself. You can start by searching for the United States Patent and Trademark Office’s State (USPTO) website. Then file out the online forms and pay their fees. The process will cost you 300usd.
Can a company sue you for having the same name?
A trademark lawsuit will require you to prove three things: You have registered a trademark or service mark in the name. Someone else is using the same or similar name to sell similar goods and services to yours. The infringer’s use of the name is confusing customers or diluting the power of your trademark.
Can I trademark my business name if someone else is using it?
Updated November 12, 2020: If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
What if my business name is similar to another?
If you choose a name that is too similar to the name of a competing business, that business may accuse you of infringing on its trademark rights. When that happens, you may be forced to change the name of your business. You may even be ordered to pay monetary damages.
Can I use brand name for different product?
But as long as you can demonstrate that you are not merely copying that other brand, you can file for a similar trademark for different services. So as long as your products and services are entirely different from the other registered trademarks, you can safely use or even register that.
What names Cannot be copyrighted?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.
What names Cannot be trademarked?
What Can’t Be Trademarked?
- Proper names or likenesses without consent from the person.
- Generic terms, phrases, or the like.
- Government symbols or insignia.
- Vulgar or disparaging words or phrases.
- The likeness of a U.S. President, former or current.
- Immoral, deceptive, or scandalous words or symbols.
- Sounds or short motifs.
What happens if you dont trademark your brand?
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.