What Happens When 2 Companies Have the Same Name?

Can Two Companies Have the Same Name?

  • In most cases, when two businesses with the same or similar names are operating in overlapping markets and locations, the conflict will be handled through an administrative proceeding with the US Patent and Trademark Office or with a lawsuit brought by one of the owners.

Requirements for Naming a Company

  • Your business name should be easy to read and understand, while communicating your company’s core values and brand identity.

Two Businesses Can Have the Same Name in Different States

  • Because naming rules are limited to one state, businesses formed in different states can have identical names.

Can Multiple Businesses Have the Same Name?

  • Using the same name as another business will typically not be acceptable when:
    • You sell different products/services in the same industry
    • The name is used by a major national brand regardless of industry
    • The other business registered trademarks first

Can Two Companies Trademark the Same Name?

  • A brand identifies goods or services while a company name identifies a legal entity. You cannot have two identical company names within one jurisdiction. Trademarks and company names are different.

Can Two Companies Have the Same Name in Different Industries?

  • 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.

Can Someone Use My Business Name?

  • If someone is using your name, just showing proof that you trademarked the name could be enough to convince a company to choose something else.

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