Question: Can You Use The Same Brand Name For Different Products?

Can I use the same brand name?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like.

Names are doled out on a first-come, first-served basis.

That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar..

What makes a good brand name?

Ideally, you want something that’s: Meaningful: It communicates your brand essence, conjures an image, and cultivates a positive emotional connection. Distinctive: It is unique, memorable, and stands out from your competitors. Accessible: People can easily interpret it, say it, spell it, or Google it.

Can brand name and company name be different?

Ideally company names and brand names should be different A company name distinguishes one company from other companies. … Sometimes, a brand name and the company name can overlap in case of famous brands like Sony, Nike or Shell, when the company realizes that one name is suitable to be the identity of all its products.

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.

How do I know if a business name is copyrighted?

You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.

Can two companies have the same LLC name?

Yes, with some exceptions. When you’re forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours.

What happens if I use a trademarked name?

If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

Can I change a logo and use it?

If you find yourself wanting to use some or all of a company or organization’s logo and you don’t own the company or organization, you will need to get a letter with written consent from the registered owner saying that you have their permission to use the logo in question in your design.

Can I use a business name that already exists?

A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can’t use it even if the company doesn’t operate in your state. To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system.

What is an example of a brand name?

Other brand names have such strong consumer identification that they eventually supplant the goods or services they are identified with. When a brand name is in such common usage that it becomes generic, it’s known as a proprietary eponym or generic trademark. Two examples of this phenomenon are Kleenex and Q-Tips.

How do I find my brand name?

How to Choose a Great Brand NameUse the founder or inventor’s name (Hewlett-Packard)Describe what you do (Southwest Airlines)Describe an experience or image (Sprint)Take a word out of context (Apple)Make up a word (Google)

Can I use a trademarked name for a different product?

The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.

Can multiple 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 logos be used without permission?

A person or company should never use a trademark or logo without written permission from its owner. To get permission, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used. … However, even then, third parties cannot use logos without a specific agreement.

Can two clothing brands have the same name?

While there are circumstances in which two different clothing companies can use the same name. … For example, if you acquire a domain name for the trademark (let’s say Smith.com), and the other company acquires a similar domain name (Smith.net), there is a substantial likelihood of consumer confusion.