Can you have the same company name in a different industry?
If you are using a business name that is the same as another company in your industry, caution is warranted. If you are instead using a name that is the same as another company’s name that offers completely different services or products, there is probably not a trademark issue.
Can you have the same business name as someone else in a different 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.
Can 2 different businesses have the same name?
Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
Can you have a business name that already exists?
In many instances, you can register the same business name in your own state, or in any other state, so long as it is not in the state where the business name already exists. This practice is typically accepted for many types of small, local businesses.
Can I choose a business name that already exists?
Can I have a business name that already exists?
You can use as many business/trading names as you like, but you should avoid using one that is the same as the registered name of a company in the same industry. This could be viewed as ‘passing off’, which would mean you were taking advantage of a company’s goodwill and trust.
How do I know if a business name is already taken?
- Visit the USPTO.gov website.
- Choose the basic search option.
- Visit the Office of the Secretary of State or Corporations Division website for the state where you plan to form your business.
- Search for a name search or name availability link.
- Enter the name of the business for which you want to check availability.
What to do if someone else is using the same business name?
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.
Can a business have a business entity in the name?
Most states will not allow a business to: Include business entity identifiers such as “Incorporated,” “Corporation,” “Inc.,” “Limited Liability Company,” or “LLC” as part of the name if the business is not incorporated or an LLC.
What to do if your business name is being used unauthorised?
The unauthorised use of your business name may also entitle you to compensation. If the infringing business refuses to cooperate, you can choose to initiate court proceedings. If your business name is not a registered trade mark, there are two types of protection available.
What should be included in the name of a business?
Include business entity identifiers such as “Incorporated,” “Corporation,” “Inc.,” “Limited Liability Company,” or “LLC” as part of the name if the business is not incorporated or an LLC.