Can Two Companies Have the Same Name?
While a company’s legal name must be unique, businesses can use the same trade name if operating in different sectors. Your name cannot be the same as another registered company’s name.
So, your company can have the same name as another company, and vice versa, with no claims of trademark infringement. However, if your business is using a company name that’s the same as another incorporated company, there could be grounds for a legal dispute, and you may not be able to legally use the business name.
Can two business have the same name? Yes, however, certain requirements must be met in order for it to not constitute trademark infringement and to determine which party is the rightful owner of the name.
Name Availability for Companies
A company applying for incorporation is also required to ensure that no identical trademark and/or domain name is already registered in the same name.
Registering Your Business Name
Where do I go to register my business name? Such registration must be done in each state where the business operates.
Fictitious Business Names
Where can I find a fictitious business name? Since businesses are registered at the state level, it is possible for your company to have the same name as a business in a different state. However, this can lead to trademark issues and other problems.
Legal Implications of Shared Names
What happens if two business have the same name? Legal entities have flexibility in choosing names to identify their business activities across economic sectors.
Choosing a Business Name
How do I choose a business name for my business? When choosing a name for your business, the first thing you should do is simply type your desired name into a search engine.
Differentiating Company Names
How different do company names have to be? The requirements for name availability vary from state to state, but, in general, states don’t allow two business entities with the same, or almost the same, name.
Trademark Protection
How Trademarks Prevent Duplicate Names in Different States or Countries. If you register this way, your company name will be registered with the U.S. Trademark and Patent Office.
Ensuring Brand Identity
Your business name should communicate values while being easy to read and understand. Co-owners can decide to include both names or neither.
Legal Disputes and Solutions
If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.
LLC and Business Names
Can you have a LLC with the same name as someone else? If two businesses operate in completely different industries or are located in separate geographical regions, it’s possible for them to have the same or similar names. However, there could be intellectual property issues (namely, trademark) in future when two companies have the same name.