What happens if my business has the same name? (2024)

What happens if my business has the same name?

So, your company can have the same name as another company, and vice versa, with no claims of trademark infringement. However, if your business is using a company name that's the same as another incorporated company, there could be grounds for a legal dispute, and you may not be able to legally use the business name.

What happens if 2 companies have the same name?

If another business has trademarked the name, you could be infringing on its trademark by using the same name. Trademarks are legal protections for intellectual property like business names, logos, and slogans. If you use a trademarked name without permission, you could face legal action.

What if someone already has your business name?

Once registered or in use, your focus shifts to protecting your trademark from infringement. If you discover another business using your name, the most common first step is to send a cease and desist letter to the other business.

Can two LLC have the same name?

Can two LLCs have the same name in the same state? No. The first limited liability company to register their business under a given name (or reserve it and register before the reservation expires) will claim the name exclusively. Any later filings with the same name will be rejected by the state.

What mistakes should be avoided when naming a business?

Can you get sued for having a similar business name?

Trademark Law

Consumer confusion can occur when similar products have similar names. The result can be that consumers cannot determine the source of the product. If you choose a name that is too similar to the name of a competing business, that business may accuse you of infringing on its trademark rights.

Can I use a business name that already exists?

A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can't use it even if the company doesn't operate in your state. To see if a specific company name exists and is trademarked, search for the name using the USPTO website's electronic search system.

Can 2 people have the same business name?

In some cases, two businesses can share the same name if they have obtained consent or reached a mutual agreement. This typically happens when one business grants permission to another to use a similar or exact name. Clear documentation and legal agreements are essential to avoid any future disputes.

Can you use the same LLC name as someone else?

Legal requirements

Legally, the name of your LLC can't be the same as another business entity registered in your state or the same as a trademarked phrase. State databases check only whether the LLC name is available in your own state, but do not check whether the name is trademarked.

Can a DBA have same name as LLC?

Yes, it is perfectly acceptable for someone to register an entity (be it an LLC, LLP, or corporation) with the same name as your DBA.

Can two small businesses have the same name?

If another company registered its business name as a trademark, using the same business name is illegal. If another company registered its business name as an entity, you may not use the same business name.

Can you trademark a name already in use but not trademarked?

Best of all, they will not consider the other business who is using the same name if they haven't filed for trademark protection. This means you can get a trademark even if someone else is using your business name. This doesn't mean the person using your name first isn't without legal rights.

How many business names can you have under one LLC?

According to state laws, an LLC can have unlimited DBA names. DBA names are not separate legal entities. Instead, they are trade or business names that differ from the name of the actual LLC. Legally, an LLC has no limits on the number of fictitious business names it can file for.

What are the 5 rules of choosing a business name?

Are there rules for business names?

Each state has its own restrictions on business names—make sure to check with your local business bureau. Your business can only have one “legal” name at a time — the official name you use when you file with the state to form your LLC or C-Corp — but you can have multiple assumed or DBA (“doing business as”) names.

Are there rules for naming a business?

You can have one legal name but more than one assumed name. Your legal business name must be distinguishable. Your legal business name should include the correct required words. Your legal name should not contain any prohibited or restricted words.

How do I stop someone from using a similar business name?

Register a trade mark

The best way to stop other people from using your company name (and to protect your brand generally) is to register your company name (and any other name that you are trading under) as a trade mark.

How do I know if a name is trademarked?

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 you reuse an old business name?

If it's dissolved you can more than likely use the name, but if the business is inactive the state may not let you use the name. Many states have a waiting period before inactive or dissolved companies' names can be used by others, as inactive businesses do have a time period to reactivate.

Should I name my LLC after myself?

You can give any name to your LLC as long as it complies with the guidelines of your state, but naming your LLC after yourself comes with its advantages for building a strong, personal brand for people to easily associate with your products. However, your LLC name can be separate from your business trademark.

What are good names for an LLC?

Can 2 businesses have the same address?

There is no limit on how many separate businesses can share the same business address. It is very common for self-employed sole traders to register multiple companies at the same address. As long as your businesses are separate legal entities, you can make a single office home to all your enterprises.

Do you need an EIN for a DBA?

The company operating under a DBA needs an EIN unless the owner is a sole proprietor or runs a single-person LLC. Do you have to register DBAs through the IRS? While you don't have to register DBAs with the IRS, owners must report DBAs on IRS tax forms.

Does a DBA need a separate bank account?

An LLC and DBA can have separate bank accounts, and it's recommended to keep them separate to simplify bookkeeping and taxes. Opening a separate account for your business is a straightforward process that requires proper documentation and identification.

Can two people have the same DBA?

A DBA is typically associated with a sole proprietorship or a partnership, rather than a business entity like a corporation or a limited liability company (LLC). In some cases, a DBA can have more than one owner, but it depends on the business structure.