Can You Use A Business Name From Another Country
In most cases courts will allow you to continue to use the name in your market but limit your business activities to your locality. Choosing and trademarking a name for your business involves dealing with the fact that another business might be using the same name even if it is in another state.
Business Name Vs Trade Name What Is The Difference
can you use a business name from another country
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Your question suggests lack of sound business judgment frankly speaking.
Can you use a business name from another country. Even if youve trademarked your business you may not have an infringement case if the other businesss use of your name isnt harming your business in some way. Does the market youre targeting have skillsets that align with your needs. Incorporation on the other hand does give some business name protection.
This is considered willful infringement and will. What if the business using your name is in another country. The only exception is if you are able to prove that the other company had knowledge of your business prior to registering its trademark.
If you plan to hire employees researching the local labour market is essential. Some businesses fail to trademark their business names in other countries and by the time they realize theyre expanding its too late. You can also use edcs country risk quarterly to understand market risks and opportunities.
Why pick a legal fight and why pick something you likely cannot protect against yet another company or that company using. For the most part you should still be able to register that business name in your own state especially if yours is a local business. When you incorporate your business provincially that business name is reserved for your use in that province.
You can check this by running a search on the uk trade mark register on the intellectual property office ipo website. The answer is yes ish. Unfortunately if your name is too similar to one that has been registered as a trade mark you will definitely need to select another.
Unlike passing off claims the owner of a trade mark does not have to show that there was confusion among consumers or that they have goodwill associated with the mark. Of course you can but the real question is what will happen if you do. If youre a software company setting up an office in.
Registering a trade mark gives you exclusive rights to use it. Another companys use of your name will likely only become a problem if youre doing business in that area of the world. If youve been.
If you find that a reputable business in another state is using the name you want you have a decision to make. There may be a situation in which you are the first to use your business name but another company is the first to register their trademark with the state or federal government. In the pre global world you know the 1990s and earlier it was common for companies around the world to have the same name.
The other business if it has a us presence will be in a position to cause you legal problems. Qcan i use the same name as another business from a different country a. However if you do intend on expanding into the same state as that other company youll face some complications.
Mcdonalds had to pay big time because someone else had registered the name in australia and bur. Employment laws benefits and entitlements are different from one place to the next. Although the safest course of.
You could also take your business into other states as long as the other business doesnt have a presence there. Note though that someone in another province or elsewhere could still register and use your business name if they wished.
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