Can 2 Businesses Have The Same Name In The Same State?

What do you do if someone uses 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..

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.

Does your business name have to be the same as your LLC?

The legal name of your LLC or corporation must be distinguishable from the names of other entities on record with the state filing office. Otherwise, the state may refuse to file the documents to form your LLC or corporation.

Can you have the same name as another company?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

Can someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context. Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged.

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.

What do you do if someone is using 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 another business has the same name?

If your exact business name is taken by another company, your state’s Secretary of State will not permit duplications so as to avoid confusion. That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar.

Can I trademark a name that already exists?

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.

Should I LLC My name?

You should always place the initials “LLC” after your business name—including placing it on your correspondence, contracts, forms, business cards, website, signs and marketing materials.

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.

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 two products have the same name?

Because trademarks are registered for specific classes of products or business. Two businesses in different classes are not in conflict and can have identical names.

What happens if I use a trademarked name?

If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.

Can 2 businesses have the same address?

Multiple business entities may have the same address, just make sure that you incorporate each business as a separate entity with the Secretary of State. You may want to consider one parent cooperation with divergent subsidiaries acting independently of each other.

Is LLC or INC better?

Corporations offer more flexibility when it comes to their excess profits. Whereas all income in an LLC flows through to the members, an S corporation is allowed to pass income and losses to its shareholders, who report taxes on an individual tax return at ordinary levels.

Can there be multiple LLC with 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.