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Business names and trademarks?
You can't use a business name that's trademarked, but what if you start a business and later someone else trademarks the name? What are the original business owner's rights?
I get that it would be wise to trademark your business name, but if you're trying to start a business with very little money, you may not have a few hundred to spare for the trademark. So please answer the question asked rather than saying you should just TM the name to begin with.
3 Answers
- GLv 54 years agoFavorite Answer
The original business owner has no rights to a name that is not either trademarked or perhaps copyrighted.
- 4 years ago
Depending on the law where you live, you might acquire some rights to have the name as a trademark simply by using it in trade. If someone comes along later and tries to register your name, or stop you from using it, you might still win if you can show that you've been using the name, and you have customers who recognise it. But this will obviously be harder than if you'd just registered the name to begin with.
If this is something you're concerned about, I'd see about setting aside funds to register the name as soon as possible after you start the business.
Source(s): I am not a trademark lawyer, nor a lawyer of any kind, nor do I play one on TV. Void where prohibited. Contents may settle in transit. Do not taunt Happy Fun Ball. - Anonymous4 years ago
You should just trademark the name to begin with.
If you don't have enough money for an issue like protecting your trade name, you don't have enough money to start your business.
If you're looking for legal advice from a bunch of anonymous Yahoos on an internet message board, you're never going to be successful in business. You're flying blind, hoping things will work out. That's not a business plan.