What happens if two companies have 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.
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.
DBA names are also referred to as assumed names, trade names and fictitious names. You can't use an existing DBA name or one registered with the U.S. Patent and Trademark Office. Names that are similar to existing names are not allowed.
You can file a lawsuit in federal court to enforce your trademark. Registration creates a legal presumption that you own the trademark and can use it for the goods and services listed in your trademark application. This is helpful if you ever need to sue someone to enforce your trademark.
Answer: Yes, But… To have more than one Google my business listing at the same address, you must be legitimately operating multiple legally distinct businesses. It's not all that uncommon for more than one business to be located at a shared address but you need to keep reading for more provisions and details.
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.
Contrary to what some may think, a business name and a company name are not synonymous with one another. The key difference between a company name and a business name is that a registered business name is the name in which a venture operates under. A company name, however, is a legal entity on its own.
However, if the two products are not related to one another and not likely to cause any confusion, then trademark law will not prevent the two companies from using the same name. Put differently, if the same name is registered in different trademark classes, this does not give rise to an infringement claim.
For most states, two businesses will not be allowed to use the same DBA. Doing so will cause confusion, especially when the fictitious names are in the same industry. In order to use a DBA for your business, you must submit an application. Just make sure that your fictitious name isn't already taken!
If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.
Can 2 businesses have the same name in different states?
Two Businesses Can Have the Same Name in Different States
Because naming rules are limited to one state, businesses formed in different states can have identical names.
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. Trademark issues can be complex.
You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.
