Question: Can Two Companies Have Same Name?

Can I use a name for a business that already exists?

DBA name registration applies only at the county or state level.

If a company name already exists as a trademark, you can’t use it even if the company doesn’t operate in your state.

To see if a specific company name exists and is trademarked, search for the name using the USPTO website’s electronic search system..

Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

Can two limited companies have the same name?

Your name cannot be the same as another registered company’s name. If your name is too similar to another company’s name or trade mark you may have to change it if someone makes a complaint. Your name must usually end in either ‘Limited’ or ‘Ltd’.

Can someone trademark my domain name?

If your domain name and your company name are the same. … Not all domain or blog names can be registered as a trademark. If a domain name is “Musicstore” you probably won’t be able to get a trademark, however if the domain name was “Georgesmusicstore”, you could receive trademark protection.

How do I know if my business name is unique?

Check Trademark for your proposed name –> Check Trademark This website is maintained by the Office of the Controller General of Patents, Designs & Trade Marks, Department of Industrial Policy & Promotion, Ministry of Commerce & Industry.

Can you sue someone for using your business name?

Thus, only individuals can sue for unlawful use of name or likeness, unless a human being has transferred his or her rights to an organization. Note that companies may sue you for trademark infringement and unfair competition if you exploit their brand names for commercial purposes.

What do you do if someone uses your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

Can you register a business name similar to another?

Under the rules, the phrase ‘identical or nearly identical’ has a specific meaning. If a name is identical or nearly identical to another name, we must not register it. However, the law does not prevent the registration of business names that are similar.

What is the difference between a business name and a trading name?

A ‘trading name’ refers to an unregistered name that businesses could use before the introduction of the National Business Names Register on 28 May 2012. A trading name is not a registered business name. If you wish to continue using a trading name, you need to register it as a business name.

How do I check if a company name is already taken?

To do this, simply go down to your county clerk’s office and see if the name is registered or on a list of fictitious names for businesses (in a few states, there is a statewide fictitious business names database that your county clerk can find and inform you).

Can someone steal my business name?

If you have a unique brand name or logo, protect it. It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. You can do this online through a number of services or hire an attorney.

Can 2 businesses have the same name in the same state?

You can often use the same business name in your own state or another state, if it is not in the state where the business name is filed, and it doesn’t violate trademark rules. This is common practice for smaller local businesses. … Trademarks may also come into play.

What happens if someone trademark your business name?

The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court.

How do I protect my business name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.

Can someone take your LLC name?

If someone else is already using your business name but they are formed in a different state, you may be able to use their name in your state if the name is not trademarked. … If you find that someone else is using the name, check whether they have trademarked it.

What happens if two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.