another business is using my name

another business has my same NAME : Trademark law basics. It is possible to start a case to discover if your business tax ID number is in use by other companies or persons. Hard to Register a Business Trademark for Your Personal Name - Another big disadvantage of using your personal name for your business name is the difficulty with registering a trademark. You Can Operate Multiple Businesses. If Chester has more than one animal clinic, it can be confusing, as one is the thing and one is the thing and name. However, if you do business as "John's Painting," you need to file . Your LLC just has one legal name; the LLC name. You may be able to use these "common law" trademark rights to stop a competitor from using your name locally. The Texas Business Organizations Code says a new business can't use a name which is the same or deceptively similar to an existing Texas business. Although the safest course of action is to avoid using the same name as another business, it may not be always be desirable or feasible to avoid it. Bryan-College Station, Texas business law attorneys. We collect a range of data about you, including your contact details, legal issues and data on how you use our website. If the other company registered the trademark then your business will be affected. Sometimes marks. What should you do when this happens and how do you prevent it from happening? It would be considered business/self-employment income. In addition to the domain name, consider registering social media accounts under your business name to prevent someone else from establishing a Facebook page or Twitter . Your secretary of state or similar agency will handle business filings. Likewise, new businesses can't use the name of a business from another state, known as a foreign business, if the foreign business is required to file reports in Texas. The key question is who established a ‘sufficient’ reputation in the business first. Sometimes a third party may have registered a domain name which is similar to your business name. You can help establish your business name’s reputation by providing evidence of the following: If you believe you have a stronger claim to the business name, you can send a cease and desist letter to the infringing party to stop using the name. Confidentiality and Nondisclosure Agreement. Here are some options: 1. Let us explain why we do this. You want to make sure that no one else is using this name. I know for sure they are trying to ride their business on my reputation. Another local business is using my company name for their website domain Hi Reddit, here's the long version if anyone is interested, kind of a side rant, tldr is basically in the thread title. James Omond replies: Unfortunately, your experience is all too common in business, and illustrates a number of traps for the unwary. Your response to discovering that another business has your chosen name comes down to evaluating the facts and the history of each business. This page still aims to promote your brand as the better solution, but the idea is to optimize it with your name and "alternative" keywords to make sure it outranks your sneaky competition. If you registered the business name before the other company and have been using it longer, then you are trouble free. For example, if your name is "John B. Doe" and you do business with the full name, "John B. Doe," you don't need to file a DBA. Your answers to these questions will help you determine if sharing your business name with another company will cause consumer confusion and get an idea of who would win in a legal fight for the name. The reason for this question is that a representative of the competitor contacted my client threatening legal action. How to Prevent Others From Using Your Business’s Name, 2101 Grandin Road, Suite A, Cincinnati, OH 45208. This is common practice for smaller local businesses. Answer (1 of 3): In the United States the answer is yes. 4. We'll discuss those in another article.). CMRS Law serves clients at two locations: 123 Boggs Lane, 1st Floor, Cincinnati, Ohio 45246 and 2101 Grandin Road, Suite A, Cincinnati, OH 45208. If you can show that you have stronger rights to the name, you can lodge a complaint with one of two dispute resolution providers to have that domain name transferred: This will involve an evaluation of the third party’s connection to the name compared to your own and is determined on a case-by-case basis. When suggesting a name, a Google search and the use of sound judgment will serve well in indicating whether another business has legally secured that trademark name and might take legal action if someone registers it.

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