Can two companies have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

What happens if two companies have similar 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. Sharing a name with another company can also make it difficult to register trademarks for your own business.

Can a company sue you for having the same name?

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. The infringer's use of the name is confusing customers or diluting the power of your trademark.

Can I use a name for a business that already exists?

Trademarked Names

A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can't use it even if the company doesn't operate in your state. To see if a specific company name exists and is trademarked, search for the name using the USPTO website's electronic search system.

Can there be two LLC with the same name?

Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. When you're forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours.

Can Two Companies Have a Similar Name? | Attorney Answers Question

How do I know if a company name has been taken?

In most states, the website of the state business filing agency includes an online entity name check tool. You can use the online tool to search business names and find out whether another business is already using the name you have chosen.

Can someone trademark my business name?

The short answer is—in theory, yes, but in reality, no. If you don't have a trademark on your name, someone else can research the United States Patent and Trademark Office (USPTO) database and find an available name. They can then trademark it.

Can 2 companies have the same name in different countries?

Legally, there should not be any issue with companies of the same name in different countries.

Where can I check if a business name is taken for free?

To do this, simply go down to your county clerk's office and see if the name is registered or on a list of fictitious names for businesses (in a few states, there is a statewide fictitious business names database that your county clerk can find and inform you).

Can two small businesses have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

Can two companies trademark the same name?

However, if the two products are not related to one another and not likely to cause any confusion, then trademark law will not prevent the two companies from using the same name. Put differently, if the same name is registered in different trademark classes, this does not give rise to an infringement claim.

Can I trademark a name already in use but not trademarked?

If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

How similar can a business name be?

In many states, business formation laws do not regulate “doing business as" or “dba" names used by sole proprietors, partnerships, or even corporations and LLCs. Thus, your business registration may not stop another entrepreneur from doing business under a name that's similar or even the same as yours.

Can trademarks be similar?

If trademarks share a common word or term, the marks may be considered similar in appearance even if one of the marks adds other letters or another word to it, especially if the added material is descriptive or suggestive of the goods or services.

How do I know if a name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen. Check state trademark databases.

Can I register a business name and not use it?

When you register a company name at Companies House, it is protected by law so no other business can use it. Trading names do not receive this protection, which means that if someone wanted to register your trading name as a limited company, they could do so, whilst also demanding that you stop using it.

Can I buy a company name?

Buying a Business Name Only

You need to make sure the business name you want isn't taken. The rules that apply here are different in each state. Once you find the company name that suits you, it must be protected. First off check to see if the federal trademark or domain name is taken.

How do I protect my business name?

4 ways to protect your company name
  1. Register the company. It is not possible to reserve a company name with the intention of incorporating it later, therefore it is best to register your company as early as possible to avoid any disappointment. ...
  2. Register a domain. ...
  3. Consider similar names. ...
  4. Business information tracking.

Can 2 businesses have the same address?

Answer: Yes, But…

To have more than one Google my business listing at the same address, you must be legitimately operating multiple legally distinct businesses. It's not all that uncommon for more than one business to be located at a shared address but you need to keep reading for more provisions and details.

Can a sole trader have the same name as a limited company?

Business names

Sole trader names must not: include 'limited', 'Ltd', 'limited liability partnership', 'LLP', 'public limited company' or 'plc' be offensive. be the same as an existing trade mark.

Can two businesses have the same DBA name?

For most states, two businesses will not be allowed to use the same DBA. Doing so will cause confusion, especially when the fictitious names are in the same industry. In order to use a DBA for your business, you must submit an application. Just make sure that your fictitious name isn't already taken!

What happens if you dont trademark your business name?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

What's the difference between LLC and trademark?

Legal Protection

LLCs and trademarks are each an integral part of the business world, but both serve different purposes. While LLCs are legal business entities that protect the personal assets of business owners from lawsuits and bankruptcies, trademarks protect the intellectual property of the business.

What is LLC considered?

A Limited Liability Company (LLC) is an entity created by state statute. Depending on elections made by the LLC and the number of members, the IRS will treat an LLC either as a corporation, partnership, or as part of the owner's tax return (a disregarded entity).

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