Question: What Is The Difference Between A Business Name And A Trading Name?

Can someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context.

Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged..

Can I use Ltd in my business name?

‘Limited’ should not be used in trading names Most companies trade under their official registered name, which will usually end in ‘Limited’ or ‘Ltd’. … Business names (also known as trading names) can be any name that does not infringe another company’s trade mark and does not contain any offensive or ‘sensitive’ words.

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.

What is a trading name for a company?

A trading name is the name (or names) used by a person, partnership or company for carrying out business, which is not the same as their own name or official registered name. A business may use as many trading names as it requires, but these cannot be registered as official names of the company.

Can I use a business name without registering it?

You may not legally use your business name without first registering it as one of the many business entities recognized by your state and the IRS. … To avoid the extra time and expense of trying to register your business on your own, use an online business registration firm.

A business name is simply an alias of the business owner. … Such a business entity is in fact and at law the same person as the owner(s). It does not enjoy separate legal existence nor can it own property. It is also neither capable of suing or being sued to court nor does it enjoy perpetual succession.

What are the benefits of registering a business name?

Benefits of registering a business with the Corporate Affairs CommissionOpening Business Bank Accounts. … Safeguarding Your Business / Corporate Name. … Legal Liability Protection. … Getting Loans. … Reputation with Customers. … Supplier Arrangements / Government Contracts. … Perpetual Succession / Continuity.

What is a trade name example?

A trade name is generally considered the name a business uses for advertising and sales purposes. A trade name is sometimes referred to as a “fictitious” or “doing business as (DBA)” title. For example, “McDonald’s” may be the trade name, but the legal name is “McDonald’s Corporation.” A trademark is a brand name.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

How do I stop someone from using my business name?

A trademark is the only way to prevent others from using the name and gives you legal recourse should someone attempt to use it. Create a description of your services and products that the business name represents. Obtain an application from the U.S. Patent and Trademark Office.

Can someone steal your business name?

It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. You can do this online through a number of services or hire an attorney. … However, you can probably trademark a combination of words, such as “Biz Tipz for You”.

How do you hold a business name?

A business name registration is permanent. Sole proprietors—and, in some states, partnerships—don’t have to formally register a business with a state, but registering the business name protects you against another company using it. Go to your state’s Secretary of State’s website to reserve or register a name.

What’s the difference between a trading name and a business name?

A business can opt to have their business name and trade name be the same. A trade name may also be called a doing business as (DBA) name. It’s the name the public sees. … If you want to operate under a different name than your legal business name, register a trade name for your company.

What is the difference between a company and a business name?

In summary, a company name is selected upon incorporation and creates a separate legal entity, distinct form its owners. Whereas a business name is selected when carrying on a business under a name other than the true owners name, no legal entity is created and there is no limitation on liability.