How long does it take for a DBA to be approved?
How long does it take for a DBA to be approved?
Depending on the jurisdiction, most DBA filings take 1-4 weeks with some exceptions. Is filing a DBA the same thing as filing for a Trademark? many jurisdictions, more than one applicant can file the exact same DBA. The only way to legally ensure exclusive rights to the use of a name is to register a trademark.
What is considered a DBA?
Definition: The operating name of a company, as opposed to the legal name of the company. Some states require DBA or fictitious business name filings to be made for the protection of consumers conducting business with the entity.
What’s the difference between a DBA and LLC?
The biggest difference between a DBA and an LLC is liability protection. Under a DBA, there is no distinction between the business owner and the business. On the other hand, an LLC provides limited liability protection. The business owners’ personal property remains completely separate from the business.
Can someone use my 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.
How do I make sure no one can steal my business name?
To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.
Can I sue someone for using my business name?
Can I Sue Someone for Using My Business Name? If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.
What happens if someone trademarks your business name?
If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name. If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy.
What happens if you have the same business name as someone else?
If your exact business name is taken by another company, your state’s Secretary of State will not permit duplications so as to avoid confusion. That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.
Can two different businesses have the same name?
Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). However, if the business operate in overlapping markets and have similar names, there are a series of factors we must consider to determine who has priority.
Can you register a business name similar to another?
Under the rules, the phrase ‘identical or nearly identical’ has a specific meaning. If a name is identical or nearly identical to another name, we must not register it. However, the law does not prevent the registration of business names that are similar.
Can I trademark a business name already in use?
A business name generally can be protected as a trademark under federal and state trademark law. As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.
Can you sue someone for using your trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Can a trademark have two owners?
Therefore, multiple ownership of a trademark can only be granted if the owners have joint control over the nature and the quality of the goods and/or services. Also, unless specifically stated otherwise in a contract between the owners, in the eyes of the USPTO, multiple ownership of the trademark is equally shared.
