- Names may have undesirable meanings in foreign languages so brands need to change for that country.
- A product’s original name may already be in use in another country.
Some generic names like "butcher" for a butcher shop may be allowable duplicates. Trademarks prevent duplicate names where consumer confusion could occur. If a name is already trademarked, you cannot use it even in a different state.
Legal Aspects and Considerations in Business Naming
Overall, with thoughtful branding and communication, multiple companies can legally share a commercial identity without confusion across economic sectors. Legal entities have flexibility in choosing names to identify business activities. But trademark protection can claim a name to legally belong to just one business. Without trademarks, business names have no protection from duplication.
Can two businesses in different countries have the same name?
The key issues are: Do the companies’ services cause confusion? Which business used the name first? And which registered it first? If products are unrelated, trademark law may allow the same name. But if names identify unique brands that consumers recognize, one company could have to change its name. The standard is "confusingly similar," assessed case-by-case.
If you and another business have the same or similar name but operate in different industries or fields, there may be no issue. For example, maybe your company works in tech, and a business with the same or similar name works in mining.
Can I use a business name that already exists in another country?
The key issues are: Do the companies’ services cause confusion? Which used and registered the name first? If products are unrelated, law may allow duplication. But if names identify recognizable brands, one company could change its name. The standard is "confusingly similar," assessed case-by-case.
Some generic names may be duplicates. But trademark protection can claim exclusivity. Without trademarks, no protection from duplication exists. If companies operate in different industries or locations, there may be no issue with the same name. The consumer confusion factor is low if companies work in separate fields. However, if two firms function in one industry, it could cause problems.