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Is it bad to have the same name as another business?
Using the same name as another business will typically not be acceptable when: You sell different products or services but operate within the same industry as another company. The name is in use by a major national brand, regardless of industry. The other business registered for trademarks before you did.
What happens when 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 in different industries?
Trademark’s guiding principle is not to confuse the consumer. If the businesses are in different industries or geographic locations, it’s unlikely a consumer would confuse the two businesses. In this instance, it’s typically not an issue if two businesses share a name.
How different do company names have to be?
The requirements for name availability vary from state to state, but, in general, states don’t allow two business entities with the same, or almost the same, name. This means that once you have formed your business, your state won’t allow another company to be formed with the same name.
How similar is too similar for a 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.
What is a similar company?
Similar Business means any business conducted or proposed to be conducted by the Issuer and its Restricted Subsidiaries on the Issue Date or any business that is similar, reasonably related, incidental or ancillary thereto.