A brand identifies goods or services while a trademark identifies legal ownership of a brand or logo. You cannot have two identical company names within one jurisdiction. Microsoft is a company name and trademark, Windows only a trademark. Trademarks are federally regulated, company names locally.
Trademark Classes and Business Sectors
If companies operate in different sectors and locations, sharing a name is allowed. Apple is both a tech company and a record label. Identical names are permitted if trademark classes differ. Delta is both an airline and faucet company. Businesses register trademarks under classes, identical names are permitted if classes are different.
State Regulations and DBAs
State laws govern DBAs (Doing Business As). Most states allow two DBAs, so LLCs submit applications. To ensure your business name’s available, search the USPTO database. Small businesses with identical names are often allowed if they’re in different states and don’t violate trademarks.
Consumer Confusion and Trademark Priority
Consumer confusion is key. Issues arise if companies operate in the same industry and area, especially if one registered trademarks first. Priority goes to whichever company used or registered the name first.
Registering and Protecting Trademarks
Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. Trademark issues can be complex. The distinctiveness of the name, geographical limitations, and potential conflicts with other trademarks are all important considerations.
By not verifying if the business name is available, you risk legal issues due to infringing on someone else’s name. If somebody else is already using a mark that is reasonably similar to yours, your application for trademark registration will likely be denied. United States trademark law requires trademarks to be entirely unique.
Registering your company’s trade name is simpler than registering for a trademark but doesn’t offer the same legal protection. Registering a company name does not automatically protect it by trademark law.
Trademarking Personal Names and International Classifications
While we’ve covered trademarking company names, a different set of rules applies to registering a personal name as a trademark. A name might already be trademarked, but only in one specific class of goods or services. The classification must match the goods or services for your brand.