By choosing the same name as another business, you risk being forced to change your name or even pay monetary damages to the other company. Sharing a name with another company can also make it difficult to register trademarks for your own business.
Can you have 2 companies with 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 I have the same name as another business?
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 I use a business name that already exists?
Trademarked Names If a company name already exists as a trademark, you can't use it even if the company doesn't operate in your state. This search is especially important because failure to check existing trademarks could result in charges of willful infringement of a company's trademark rights.
Can I have the same business name as someone else?
Businesses can have identical names if they are formed in different states. You should check if other businesses have the same or similar names using our tool. If you want to use a business name that's used elsewhere, check if it's available in your state and any states you're expanding into.
Can you get in trouble for having the same name as another business?
That said, you can run into trademark issues if your business and another's fall within the same category or are substantially similar. You can be found liable for trademark infringement or trademark dilution if you insist on pursuing your name without regard to how others are using it.