Purpose of Fictitious Business Name
The purpose of a fictitious business name is to inform the public about who actually owns the company. Filing a fictitious name puts a business’s name and its owner’s identity on public record.
Business Name Registration and Protection
Your company formation affects your legal right to your business name. If registered as a sole proprietorship or partnership, you get ownership benefits but no name protection.
Trademarks and Business Names
Trademarked names mark products and services as yours, protecting you from counterfeits. A company name is not necessarily a trademark, so those concepts differ.
Resolving Business Name Disputes
If someone uses your business name, contact them to resolve it. If that fails, enforce your rights by sending a cease and desist letter.
Can a Company Sue for a Similar Name
Some states may have a central registration for businesses operating under a so-called “assumed” name (d/b/a), but mostly this registration is considered a local activity.
Trademark Laws and Business Names
By choosing the same name as another business, you risk being forced to change your name or even pay monetary damages to the other company.
Trademark Lawsuit Requirements
A trademark lawsuit will require you to prove three things: you have registered a trademark or service mark in the name, someone else is using the same or similar name to sell similar goods and services to yours, and the infringer’s use of the name is confusing customers or diluting the power of your trademark.