Can businesses have the same name?

In many instances, you can register the samebusiness name in your own state, or in any other state, so longas it is not in the state where the business name alreadyexists. For a national business or one that is verywell-known, this may not be an option, as it infringes upon anexisting trademark.

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Simply so, can your business have the same name as another?

Because business names are registered on astate-by-state basis, the fact that a company inanother state has the same name as yours is usuallynot a cause for concern. However, you are right in thatthere could be intellectual property issues (namely, trademark)when two companies have the same name.

Likewise, can a business name be used twice? Many small businesses often register a fictitiousbusiness name without ever registering it as a trademark orputting it online. If you find a name that is the same as,or very similar to, the business name you have chosen, youshould think twice about using it.

Herein, can you have the same LLC name as someone else?

The short answer is no, if you form an LLCor incorporate a company it means that a corporation or LLCcannot be filed using the same name in that state offormation. However it does not preclude anyone elsefrom incorporating that same name in any of the other49 states.

How do I know if a business name is copyrighted?

You can search for federally registered trademarks byusing the free trademark database on the USPTO's website. To start,go to the USPTO's Trademark Electronic Business Center athttp:// and choose "Search." Thenfollow the instructions you see on the screen.

Related Question Answers

Can you sue someone for using your business name?

In most states, you can be sued forusing someone else's name, likeness, or otherpersonal attributes without permission for an exploitative purpose.Usually, people run into trouble in this area when they usesomeone's name or photograph in a commercial setting,such as in advertising or other promotionalactivities.

What is the difference between business name and company name?

In summary, a company name is selected uponincorporation and creates a separate legal entity, distinct formits owners. Whereas a business name is selected whencarrying on a business under a name other than thetrue owners name, no legal entity is created and there is nolimitation on liability.

How do you decide on a business name?

12 Tips For Naming Your Startup Business

1. Avoid hard-to-spell names.
2. Don't pick a name that could be limiting as your businessgrows.
3. Conduct a thorough Internet search.
4. Get the .com domain name.
5. Use a name that conveys some meaning.
6. Conduct a trademark search.
7. Conduct a Secretary of State search.
8. Assess if the name is catchy.

Can I trademark a name someone else is using?

Yes, you can trademark a name already inuse. When it comes to trademarking a companyname, you may find that your name of choice isalready taken. However, there is a second trademarkregistration for the same name “MY GIRL” that isowned by Acushnet Company for a line of golf putters.

How do you come up with a business name?

Coming up with a business name

1. Acronyms. Try using the first letter of every word in a phraseor parts of words or names.
2. Mash-ups.
3. Get inspiration from mythology and literature.
4. Use foreign words.
5. Use your own name.
6. Take a look at a map.
7. Mix things up.
8. Partner with another company.

How do I know if a brand name is taken?

KnowEm allows you to search the USPTO (US Patent andTrademark Office) for your brand or companyname to determine if it has already been registeredas a trademark.

How much is it to trademark a name?

You may be able to obtain state trademarkregistration for $100–$200. Federal trademarkregistration extends your protection nationwide and offers otherimportant advantages, but it typically costs more: $275–$375for each class of goods and services that you want toprotect.

How long does it take to trademark a name?

Publication in an official newspaper is required tocomplete the trademark application. This step cantake up to three months. Finally, the USPTO issues thecertificate of registration to complete the trademarkprocess. Usually, this step takes 2-3 months tocomplete.

Can you trademark something that already exists?

If you're wondering, "can you trademarksomething that already exists," the simple answer is "no."However, if you have been using the trademarkyourself, it is entirely possible to register the trademarkto prevent others from using it.

Can two people have the same LLC?

An LLC can be formed by one or moreindividuals or entities. When more than one individual formsan LLC, the owners are essentially business partners.However, in most states, LLC owners are referred toas members, according to law.

What is a LLC business?

A limited liability company (LLC) is theUS-specific form of a private limited company. It is abusiness structure that can combine the pass-throughtaxation of a partnership or sole proprietorship with the limitedliability of a corporation. An LLC is a type ofunincorporated association distinct from acorporation.

How do you get a trademark?

To register a trademark, go to the U.S. Patentand Trademark Office's Web site,

What does a trademark mean?

A trademark (also written trade mark ortrade-mark) is a type of intellectual property consisting ofa recognizable sign, design, or expression which identifiesproducts or services of a particular source from those of others,although trademarks used to identify services are usually calledservice marks.

How do you know if something is trademarked?

Conducting a Trademark Check To search the USPTO's trademark database, go toTESS and choose a search option. If you are searching for aname, you can use the trademark namesearch.

Can two companies have similar names?

Yes. The Secretary of State (the government agency ineach state that actually forms companies on request)will allow two companies to have similar namesas long as there is virtually any difference.

Can two Facebook pages have the same name?

It is possible for two organizations with thesame name to both have a Facebook page thatdisplays the name. However, only one company can usea particular username for its page, which affects the Web addressfor the relevant Facebook page.

Do I need a trademark or copyright for my business name?

Business names, product names, logos andlabels can all be trademarks. You acquire a trademark byusing your mark in commerce—in other words, using it when youconduct your business. For additional protection, you canregister a trademark with the U.S. Patent andTrademark Office (USPTO).

How do you get a copyright?

To register your copyright, you need to go to theeCO Online System, create an account, and then fill out the onlineform. There's a basic fee of $35 if you file online. The processingtimes are generally faster if you apply online, but eFiling stilltakes between three and four months, according toCopyright.gov.

Do trademarks expire?

Unlike patents and copyrights, trademarks do notexpire after a set period of time. Once the United StatesPatent and Trademark Office (USPTO), grants a registeredtrademark, the owner must continue to use thetrademark in ordinary commerce. Just using the mark,however, is not enough.