Can Two Small Businesses Have the Same Name

You started your business four years ago and everything is fine when suddenly you are given a letter of cessation and abstention. The letter informs you that you are using another company`s trademark – its company name. What should you do? p.s. If any of you have worked with a lawyer who has a good understanding of the technological issues you would recommend, please send me an email or private message with their contact details. I receive many referral requests to lawyers for cyber law issues. I would love your help in finding excellent lawyers from all over the world to refer people to. Thank you very much for your help! You should also be able to find an online tool to verify the registered business names for your state. This tool will be useful if you are trying to find out if there are other companies with the same name. Another aspect to consider here is the “rule of naming the first name” or the “first name”. This means that if your company used the name chosen first, you may have the right to claim that you own it. If you registered the name before the other company, this will also work in your favor.

Therefore, we recommend that you register your name whenever you are ready to commit to it. More on that in a moment. If the other company registers the trademark before you`ve even started using it, you`re very screwed. By registering the name, the other company constructively draws your attention and that of everyone else to the fact that it owns the brand. This allows you to determine that a competitor has already registered, so settle the claim quickly and efficiently. 5. The other company submitted a “letter of intent” before I used the trademark. If you`re compiling a business plan and you`ve found a business name you want to use, it`s a good idea to submit an intent-to-use app to the PTO. If you submit an intention to use and someone starts using the same or similar business name before you start, your rights are protected. Therefore, “intent to use” apps are an important part of creating a viable business plan and protecting your interests during the process. Trademark law is complicated, so it`s always a good idea to contact a trademark attorney if you have any questions or concerns about your company name. A lawyer will be able to do further research and offer expert advice on whether you should use a particular business name and if and when to register a trademark.

Trademark consultants will also ensure that all legal requirements and deadlines are properly met throughout the trademark process. You can find a lawyer by searching the American Bar Association or your local and state bar to find a trademark attorney that suits you best. For example, your company may work in technology, and a company with the same or similar name may work in the mining sector. In this case, the consumer confounding factor is quite low. However, if two companies operate in the same field or industry, such as two clothing brands with the same name, this could be a problem. Once you`ve completed this pre-search, it`s time to do a brand search. While a company is not required to register its trademarks to claim them, those who do often enjoy greater protection than those who work with unregistered trademarks. If the name you want to use has already been registered as a trademark in another state, this may compromise the use of the name for your business.

Here`s an example: maybe your company is in the technology field and you produce computer software for the military. However, there is a company with a very similar name, and their products can be found in the grocery store: cereals. Here, the overlap would be small, as one company operates in a highly specialized and technical field and the other is in something as general as your local market. We also recommend that you look for website URLs and social media accounts to see if there are any countries in other parts of the United States or the world that already use the name. If you`re worried that your business is using the same name as another company and you don`t know what rules apply to identical or similar business names, stop and consider your customer. Claiming a business name has a lot to do with consumer confusion, and whether two similar or identical names will be a sore point for consumers. If you and another company have the same or similar name, but you`re not both in the same industry or field, you may have a case for no consumer confusion, and there may not be a problem. LLCs and corporations are established “by the Crown.” Start-up agencies in these states (usually the Secretary of State or the Companies Division) insist that each company has a unique name. If your business does not have a unique name, your incorporation documents will be rejected.

The quickest and easiest way to find out if there is an existing business in your state with the name you offer is to use our business name search tool. It`s completely free, and you can browse the business registry of any state and search for company and LLC names. We always recommend that you check the availability of company names. If the name is not available, try making it unique by changing the label, adding additional words, or changing the name altogether. When it comes to brands, things can get complicated. There may be a situation where you are the first to use your company name, but another company is the first to register its trademark with the state or federal government. In most cases, courts allow you to continue using the name in your market, but limit your business activities to your location. The only exception is if you can prove that the other company knew about your business before registering its trademark. This is considered an intentional violation and usually results in a letter of cessation and abstention to the offender and the possibility of civil or criminal sanctions against him.

Can two companies have the same name? Yes, but certain conditions must be met for it not to constitute trademark infringement and to determine which party is the rightful owner of the name. There`s a lot of speculation about whether this is a smart idea or not, or whether two companies with the same name are even allowed in the business world. You also wonder if the name is appropriate: can you create two companies under the same name? There are also additional rules, and you can`t use any of the following factors to say that your company name is unique: Before you go through the process of branding a name or change it completely, let`s take a closer look at the specifics of the business name, including what it means to have the same name as another company. and how you can resolve this potential trade conflict. We`ll also look at the trademark protection process so you can claim the name you want and make sure it only legally belongs to your company. These questions and answers should clarify things for you, but if you have any further questions, contact our in-house attorneys and California business lawyers at Nakase Wade. We can help you with this edition of two companies with the same name. When choosing a name for your business, you must first simply enter the desired name into a search engine. It`s a quick and easy way to see if someone is using the same name or something similar and what this company is doing. Once this step is complete, you`ll have other resources to help you find companies that already use the name you`ve chosen.

Remember: if you want to extend to other states later, you will need to check if the name is not already used there. Absolute! Domain names are also an important consideration when it comes to registration and trademarking, especially since many businesses operate online and have a strong online brand presence. The same trademark right for registered company names also extends to domain names. If another company has the same domain name as you, you can take legal action against them for trademark infringement and vice versa. Protect your domain name by purchasing it and using your company`s branding, packaging, and other marketing materials so it`s clear that it`s connected to your business and isn`t available for use by other businesses. If you want to protect your company name in the United States, you can do so by filing a trademark. You may think that a copyright or patent is appropriate, but they are used for various purposes: Here at Incfile, we offer a comprehensive trademark search and registration service that allows you to protect your company`s name in the United States. Because businesses are registered at the state level, it is possible that your business has the same name as a company from another state. Remember that the guiding principle of the brand is: “Don`t confuse the consumer.” So, if it`s really unlikely that the other company`s customers will be confused because you have the same name, then there really isn`t a brand issue. One of the factors that the courts consider to determine the likelihood of confusion among customers is whether the two companies operate in the same sector.

If your business name is the same as another SEO company, you could become one. We must certainly be careful! However, if you provide SEO/M services and the company that claims to have committed an offense designs kitchen utensils or offers financial services, there really isn`t a branding issue. You`re not screwed. However, a brand name can be problematic if that business name is too similar to your company name. This can also be a problem if it has been registered in a similar industry. If you find such a company and are worried about violating another company`s trademark, it may be a good idea to change your name or talk to a lawyer. 1) Who used the name first? Whoever uses the company name first has seniority. If the company that sent you a cease and desist letter opened its doors before you opened your store, you`ll be in trouble.

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