Can Someone Steal My Business Name?

How to Protect Your Business Name

  • Trademark Your Name
  • Register Your Domain Name and Website
  • Training Staff on Cybersecurity

The short answer is—in theory, yes. If you don’t trademark your name, someone can find an available name in the United States Patent and Trademark Office database. They can then trademark it.


You can protect your business name online by registering it as a domain name. A domain name is the address you type into your browser. You can purchase one from a domain registration service.

When you incorporate or form an LLC, this registers your business name with your state’s secretary of state. It prevents others from using the name within the state. However, it doesn’t offer protection in other states.

Registering a trademark is the best way to protect your business name across all states. Many businesses can file a trademark application online in less than 90 minutes, without a lawyer.

If someone is already using your business name, try to resolve it by contacting them. If negotiating fails, you can enforce your rights with a cease and desist letter.


If you have a unique brand name or logo, protect it. Someone can easily claim ownership of your brand. Register the name as a trademark online or hire an attorney.

Training staff on cybersecurity helps protect sensitive company information like tax IDs that identity thieves could use to open bank accounts or get loans.


When you register a company name, it is protected by law so no other business can use it. However, trading names are not protected.

If someone else registers your business name as a trademark, you may still have priority based on your earlier use. But registering a trademark is the strongest protection.


The best way to protect your business name across states is to trademark it. This gives you exclusive rights to the name and prevents others from using it.


How to Protect Your Business Name from Being Stolen

If you don’t trademark your name, someone can find a free name in the database. They can then trademark it. You can protect your business name online by registering it as a domain name. When you incorporate or form an LLC, this registers your business name with your state. However, it doesn’t offer protection in other states. Registering a trademark protects across states.

If someone uses your name, try resolving by contacting them. If that fails, enforce your rights with a letter. Register the name as a trademark or hire an attorney. Training staff on cybersecurity helps protect sensitive company information. When you register a company name, it is protected by law. Trading names are not protected. If someone registers your name, you may still have priority from earlier use. But registering a trademark is the strongest protection.

The best way to protect your business name across states is to trademark it. This gives exclusive rights and prevents others from using it.


What Happens If Someone Steals Your Business Name?

If you don’t trademark your name, someone can find a free name in the database. They can then trademark it. You can protect your business name online by registering it as a domain name. When you incorporate or form an LLC, this registers your business name with your state. However, it doesn’t offer protection in other states. Registering a trademark protects across states.

If someone uses your name, try resolving it by contacting them. If that fails, enforce your rights with a letter. Register the name as a trademark or hire an attorney. Training staff on cybersecurity helps protect sensitive company information. When you register a company name, it is protected by law. Trading names are not protected. If someone registers your name, you may still have priority from earlier use. But registering a trademark is the strongest protection.

To be sure no one improperly uses your business’s name or branding, obtain a trademark by filing with the Patent and Trademark Office. This does not mean automatic approval. You can establish a "common law trademark" for free by opening for business. You can use laws to preserve your rights as the owner. Copyright protects original work, a trademark protects items that identify a business.

Registering your business name with the government ensures legal protection. With a registered name, you have exclusive rights in your state. You can get stronger protection by registering with the Patent Office. Registering a trademark can be expensive or complicated. You can still protect your name:

  1. Register domain and website
  2. Conduct a trademark search
  3. Keep records of commercial use

If someone uses your name, file a lawsuit showing you used the mark in commerce. Registering serves as protection – if anyone searches, they will see your registration. Keeping information secure means controlling how it spreads. Training staff increases cybersecurity awareness.

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