Question: How Do I Protect My Trading Name?

What Cannot be trademarked UK?

Your trade mark cannot: be offensive, for example contain swear words or pornographic images.

describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company.

be misleading, for example use the word ‘organic’ for goods that are not organic..

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

What if someone is using 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 2 businesses have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

Can I use a company name that already exists?

Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. 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 application: with picklist, $250 per class or without picklist, $330 per class. Series Trademark application: with picklist, $400 per class or without picklist, $480 per class.

How do I protect my business name UK?

You can register your trade mark to protect your brand, for example the name of your product or service. When you register your trade mark, you’ll be able to: take legal action against anyone who uses your brand without your permission, including counterfeiters.

How do I make sure no one has my business name?

First check with your county clerk’s office to see whether your desired name is already on the list of fictitious or assumed business names in your county. (In a few states, there is just one statewide fictitious name database — if that’s the case in your state, your county clerk will tell you.)

How do you stop someone from using your business name?

You cannot stop someone using a trade mark, which is the same or similar to yours, just by registering your name with Companies House. It is perfectly plausible that another business has already registered your chosen company (or business) name as a trade mark.

How much does a trademark cost UK?

How much it costsFeeEach additional classStandard application (online)£170£50Right Start application (online)£200 (£100 up front plus £100 if you go ahead with your registration)£50 (£25 up front plus £25 if you go ahead with your registration)

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.