Question: Can Multiple Businesses Have The Same Name?

Can there be two companies with the same name?

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets).

However, if the business operate in overlapping markets and have similar names, there are a series of factors we must consider to determine who has priority..

Can two clothing brands have the same name?

Often two companies co-exist with similar names for several reasons. … baby clothing, or the other companies are in different jurisdictions and do not cross each others’ consumer base etc. Legally, it is the trademark owner’s responsibility to enforce his/her trademark rights.

Can you sue someone for using your business name?

Trademark. Trademarking your business name gives you more protection than just registering it. Once you’ve trademarked it, you can sue anyone who infringes on it. Even a name that’s not identical can infringe if it’s close enough to confuse your customers.

What happens if someone trademarks 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 someone steal your business name?

So, while your trademark can be the same as your trade name, your trade name is not a trademark. … And a business who steals or infringes on another businesses trademark can face consequential monetary damages from State and Federal courts if they don’t stop doing it.

How do I protect my business name?

Protect Your Brand Name in 5 StepsRegister your domain name. Domain names are an important part of any business brand today. … Trademark your business name and logo. … Use your brand. … Monitor your brand. … Deal with infringement immediately.

How do I know if a business name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.

Can you have the same name as another LLC?

Yes, with some exceptions. When you’re forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours.

Can my business have the same name as another in a different state?

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.

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

Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours.

How do I stop someone else using my business name?

Though registering a trademark or service mark is the best way to protect your business name, some protection is still afforded to you if you have not registered. Perform a trademark search to make sure you are the only one using the name. If so, immediately begin using your business name in your advertisements.

Can you trademark the same name in a different class?

Thus, two different companies can have the same trademark, even for goods/services within the same class, so long as consumers are not likely to be confused about the origin of the goods/services.