If the two similarly named businesses are in different states and/or operate in different industries, then there’s likely to be no or minimal customer confusion. In this case, it’s unlikely that you would be able to legally get the other business to change its name.
Your only recourse in this instance would be to change your own business name. If your business operates nationwide or in multiple states and the other business operates in just one, you may have more standing to force the other business to change its name as it could cause confusion for your customers.
- When are Business Names Identical or Nearly Identical?
Under section 25 of the Business Names Registration Act 2011, a business name is available to an entity if the name is not identical or nearly identical to a business name registered to another entity, or to a company name, association name, etc.
- Avoiding Trademark Infringement
How similar can two business names be? It depends, the trademarks should always be compared visually, phonetically, and conceptually. If they are similar at least in two criteria, presumably, the business names are similar overall and cannot be registered.
-
Steps to Find and Register a Business Name
Register a Business Name
- Step 1: Make Sure The Business Name is Unique and Available.
- Business Name Search. The first search you will need to perform is a business entity name search, which is typically on your State’s Secretary of State website.
- Domain Name Search.
- Federal Trademark Search.
- Search the Web.
-
Similar Business Name Duplicates
Below is a list of business names that should test as having a high probability of being duplicates:
- George Washington Middle Schl George Washington School.
- Santa Fe East Inc Santa Fe East.
- Chop’t Creative Salad Co Chop’t Creative Salad Company.
- Manny and Olga’s Pizza Manny’s & Olga’s Pizza.
- Ray’s Hell Burger Too Ray’s Hell Burgers.
- El Sol El Sol de America.
Depending on factors, there are things you can do to remedy another business using a similar name to yours. Most importantly is to proactively protect your business by registering for a trademark.
To avoid common mistakes when naming your business: share the top mistakes entrepreneurs make when naming their business and how to avoid those errors.
Using a similar or identical name to an established business in the same industry can lead to customer confusion. Maintaining distinct identities is key for fair competition and clarity to customers.
Can you trademark a name already in use, but not trademarked? Trademarked names are protected nationally, prohibiting the use of an already trademarked name.
The legal name of a business is the official name of the entity that owns a business. If the proposed business name is the ‘same as’ or ‘too similar’ to an existing company name, it can be rejected.
To be approved, your business name must be distinct and not conflict with existing names. It cannot be similar to another business name in your geographical area that sells similar goods or services.
Is it a good idea to choose a business name that sounds similar to another trademark business name? Getting a trademark business name for your startup idea early on is worth it! Sharing a name makes it difficult to register trademarks and can lead to legal disputes.