Can Two Businesses Have The Same Name?

What do you do if someone uses your business name?

Enforce Your Trade Mark Rights 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..

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 you use an LLC name that is inactive?

Names with an “Inactive” or “Inact” status are available for use. These are prior business names which have since expired and are now available to new businesses. … Your LLC name must end with the words “Limited Liability Company”, or the abbreviations “L.L.C.” or “LLC”. The abbreviation “LLC” is the most common.

Can businesses have the same name in different states?

Since businesses are registered at the state level, it is possible for your company to have the same name as a business in a different state. However, this can lead to trademark issues and other problems.

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.

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.

Can there be 2 LLC with the same name?

Can Two LLCs or Companies Have the Same Name? 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 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.

How do I know if a business name is copyrighted?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

Can I trademark a name if someone else is using it?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Can you use the same brand name for different products?

And the answer to that is yes because when you register a trademark, you don’t get a monopoly over a word, phrase, or logo itself. … So as long as your products and services are completely different from the other registered trademarks you can safely use or even register that.