Can 2 Businesses Have The Same Name?

Can there be two LLC with the same name?

Can Two LLCs or Companies Have the 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..

Can two trademarks have the same name?

Whether you can get a trademark when the name is already taken is hard to say in general terms. … 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.

How do I pick a good business name?

Here are 12 helpful suggestions on how to come up with a winning name for your business:Avoid hard-to-spell names. … Don’t pick a name that could be limiting as your business grows. … Conduct a thorough Internet search. … Get the .com domain name. … Use a name that conveys some meaning. … Conduct a trademark search.More items…•

What happens if two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

Can I use a name for a business that already exists?

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.

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Should I LLC My name?

Like all LLCs, it must have a unique name, and you must file articles of organization to set one up. But because an LLC that uses your name might be confused with you personally, it’s especially important to always use the initials LLC after your company name. Get help forming your LLC with LegalZoom.

How do I protect my business name?

4 ways to protect your company nameRegister the company. It is not possible to reserve a company name with the intention of incorporating it later, therefore it is best to register your company as early as possible to avoid any disappointment. … Register a domain. … Consider similar names. … Business information tracking.

What happens if someone trademarks 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. However, you don’t have to trademark your business name to protect it.

Does an LLC protect my business name?

When you incorporate, form an LLC, or file a DBA (Doing Business As), this process registers your business name with that state’s secretary of state. Once approved, the business name is yours and yours alone to use within that state.

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.

How do I make sure no one has my business name?

To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen. Check state trademark databases.

Can I sue someone for using my business name?

The unauthorised use of your business name may also entitle you to compensation. If the infringing business refuses to cooperate, you can choose to initiate court proceedings.

Do I need an LLC if I have a trademark?

When you own a small business, your name is everything. … If you’ve formed a corporation or an LLC, you have some protections against other companies in your state having the same name. But for brand protection, you may want to register your name as a federal trademark.

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

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.