Can you get sued for using the same company name?

Thus, only individuals can sue for unlawful use of name or likeness, unless a human being has transferred his or her rights to an organization. Note that companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes.

What happens if my company name is similar to another?

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. Passing off could lead to civil court proceedings being filed against your company for misrepresentation.

What happens if someone is using your business name?

Once you register, nobody else can use the name locally, which protects your business brand. If someone new starts using your name, contact the city or county office you registered with. It may be the new business hasn’t registered its DBA. In that case, the county can inform the company it’s violating the law.

What happens when 2 businesses have the same name?

By choosing the same name as another business, you risk being forced to change your name or even pay monetary damages to the other company. Sharing a name with another company can also make it difficult to register trademarks for your own business.

What if my company name is already taken?

In most states, the website of the state business filing agency includes an online entity name check tool. You can use the online tool to search business names and find out whether another business is already using the name you have chosen.

Can someone use a similar business 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.

Can a company use your name without permission?

Specifically, California recognizes both common law and statutory rights. California Civil Code, Section 3344, provides that it is unlawful, for the purpose of advertising or selling, to knowingly use another’s name, voice, signature, photograph, or likeness without that person’s prior consent.

Can you have a business name that already exists?

In many instances, you can register the same business name in your own state, or in any other state, so long as it is not in the state where the business name already exists. This practice is typically accepted for many types of small, local businesses.

Can two 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.

How do I check if a brand name is taken?

Steps to Check for a Trademark Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in. Click on the trademarks tab and then click on public search. There are 3 search criteria available – Wordmark, Vienna code, and Phonetic.

How do you check if a company name is already registered?

Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in. Click on the trademarks tab and then click on public search.

What happens when a company changes its name?

In fact, there are several possible changes that could occur, including the following: When a company changes its name while the contract is in effect, the parties will want to ensure that they modify the terms. Some contracts might already include terms in the contract, which identify what happens if a company changes its name.

How can I get help with company name change contract validity?

If you need help with company name change contract validity, or changing your company name and amending any ongoing contracts, or if you need to bring a breach of contract claim against a fraudulent company that took payment and failed to complete the services you paid for, you can post your legal need on UpCounsel’s marketplace.

What happens if both parties agree to modify or terminate a contract?

If both parties agree to modify or terminate the contract, they must memorialize it in writing. In fact, there are several possible changes that could occur, including the following: When a company changes its name while the contract is in effect, the parties will want to ensure that they modify the terms.