Understanding Business Name Legality
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. Since they serve different markets and cater to distinct customer bases, there is minimal risk of consumer confusion or competition.
Whether two businesses can have the same name will depend on the type of names that are protected by law. For example, trademarks, geographic indicators, and designs unique to one business will likely prevent others from using the same one.
Business Name Registration and Trademarks
You cannot have the same business name as an incorporated business. This means you need to check what LLCs have been registered in your state of business.
If another business has trademarked the name, you could be infringing on its trademark by using the same name. Trademarks are legal protections for business names, logos, and slogans. Using a trademarked name without permission could lead to legal action.
For all new business owners, this is an understandable anxiety, especially if one is attached to a particular name.
Researching and Choosing a Business Name
In most states, the website of the state business filing agency includes an online entity name check tool to search if a business name is taken. Start with a simple online search to find similar names. Check if the domain name is taken across multiple search engines. Search social media sites using variations of the name. Research helps create a name that stands out.
Business Names in Different Jurisdictions
Two businesses can have the same name in different states, as naming rules are limited to one state. However, if the two products are not related and not likely to cause confusion, trademark law may not prevent the two companies from using the same name.
As an entrepreneur, your company formation affects your legal right to your business name. Registering as a sole proprietorship or partnership gets you no name protection. Identical names of registered companies could cause a legal dispute over use.
LLC Naming and Legalities
Can There Be Two LLCs with the Same Name?
There are instances where multiple LLCs share the same name but are in different states, which is legal. If you’re set on a particular name that’s already taken in your state, consider registering your LLC with a slightly different name, as long as it’s not identical or too similar to the other LLC’s name.
Since each state has its own rules for company names, two LLCs can share the same name across state lines. A comprehensive check of your state’s business database is necessary to ensure that your LLC name is available and distinct.
Tips on Making Your LLC Name Unique
State authorities have strict rules about business name uniqueness within the state and will reject business incorporation if the chosen business name is already taken by another LLC company. It will take effort to come up with a unique and catchy business name.