Can Someone use my Business Name?

Jason (P) David
Last Updated: April 15, 2021
Date Published: April 14, 2021

If your business name is a legally registered business name, that is enough legal proof to prove that the registered name belongs to you.

Sometimes simply showing that you’ve trademarked a name will convince the business using your name to choose something else.

This is a reminder that anyone can use your business name (on purpose or on accident) and if you haven’t officially registered the name, you cannot claim ownership.

This can be a problem if you’ve already established a reputation with this business name and another company has registered the name before you.

To prevent this from happening and establish exclusivity, make sure you register your business name correctly when you form your business.

You will also want to make sure you register any DBA’s (doing business as) names you are using as well.

When you form your business, you will be required to select a business name and that will create a paper trail and the proof you need to claim back your name.

Trademarking your business name is not required, but encouraged if you plan on expanding and moving to multiple locations.

 

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  1. SBA.gov "Register with State Agencies" Page 1 . April 14, 2021

  2. IRS.gov "State and Federal Online Business Registration" Page 1 . April 14, 2021