Can You Use the Name of Another Business for Your Own
Nov 9 2022 0

Can You Use the Name of Another Business for Your Own?

Starting a business is a detailed process that prospective entrepreneurs have to think about. Perhaps one of the first things that a new business owner ponders is what to name their company. A business’s name can not only be a critical part of helping it be recognizable and successful, but it can also be challenging and enjoyable to come up with new themes and word combinations that make the most sense for your industry.

Even if you choose a name that you believe is absolutely unique, however, with more than 32 million businesses operating in the United States, there is the real risk that your new name has already been taken by another operation. This could prove not only to be problematic from a marketing standpoint but also a legal one. Choosing the wrong name can lead to costly legal challenges and the requirement to go back to the drawing board and start over.

If you are being presented with a legal challenge to your business in California, it is best to discuss your situation with an experienced attorney. The Los Angeles business litigation attorney at the Leiva Law Firm offers skilled legal counsel at the inception of one’s business throughout its lifecycle to minimize legal challenges or respond to them should they arise.

Legal Implications of Your Business Name

Can You Use the Name of Another Business for Your OwnWhen you are determining what a good name for your business should be, this is not a task that should be taken lightly. The name of your business will be associated with your product or service and should be attractive to your target audience. This is something to think about with respect to marketing and advertising. 

Once you have come up with a good business name, you may benefit greatly by seeing if that name already exists. There are databases where you can search to see if your name has been taken by another company. The California Chamber of Commerce has a resource to do this. If you find your business’s name for another company but you still want to keep it, there are some questions you should ask yourself.

You should do your research on where the other business is located and its industry. Also, look into if the name is a trademarked one. When the business is in a different industry from your own, you are located in different markets, it does not have a trademark, or the use of the name will not cause issues online, then you may be able to keep your name and still operate without legal issues. In the event that a problem arises, you may still have a winning argument for keeping your name and winning your legal case.

Speak with a California Business Litigation Attorney Today

Minimizing potential legal battles can save you money and time. Because the name of your business can be a point of contention with another operation, it is best to do your due diligence before you start getting fully set up around a name you may not be able to use. For help with legal challenges in California, the Los Angeles business litigation lawyer at the Leiva Law Firm offers assistance. Call today to schedule a free consultation at (818) 519-4465. 

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