Can two businesses have the same 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.
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What happens when two companies have the same name?

In most cases, when two businesses with the same or similar names are operating in overlapping markets and locations, the conflict will be handled through an administrative proceeding with the US Patent and Trademark Office or with a lawsuit brought by one of the owners.
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Can two businesses have similar names?

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. When that happens, you may be forced to change the name of your business. You may even be ordered to pay monetary damages.
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Can there be two LLC with 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.
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Can a company sue you for having the same name?

A trademark lawsuit will require you to prove three things: You have registered a trademark or service mark in the name. Someone else is using the same or similar name to sell similar goods and services to yours. The infringer's use of the name is confusing customers or diluting the power of your trademark.
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Can Two Companies Have a Similar Name? | Attorney Answers Question



Can I use a business name 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.
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Can someone steal my business name by registering it as a trademark?

The short answer is—in theory, yes, but in reality, no. If you don't have a trademark on your name, someone else can research the United States Patent and Trademark Office (USPTO) database and find an available name. They can then trademark it.
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Can 2 businesses have the same address?

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.
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How do I know if a company name has been taken?

In most states, the website of the state business filing agency includes an online entity name check tool. You can use the online tool to search business names and find out whether another business is already using the name you have chosen.
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How can I make sure my business name is not taken?

To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen. Check state trademark databases. In addition to checking the federal trademark register, it's a good idea to check your state's trademark database.
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Can I trademark a similar name?

If you are using a business name that is the same as another company in your industry, caution is warranted. If you are instead using a name that is the same as another company's name that offers completely different services or products, there is probably not a trademark issue.
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How do I copyright a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.
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How do you trademark a business name?

Here are some tips on how to trademark your name:
  1. Conduct a search to confirm that a similar name isn't already registered. ...
  2. Consider the type of trademark applications you should file. ...
  3. Select a suitable class. ...
  4. File your trademark application. ...
  5. What should I do after filing?
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What is LLC considered?

A Limited Liability Company (LLC) is an entity created by state statute. Depending on elections made by the LLC and the number of members, the IRS will treat an LLC either as a corporation, partnership, or as part of the owner's tax return (a disregarded entity).
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Can you put two businesses under one LLC?

Yes, you can have multiple businesses under one LLC, but there are other options to consider depending on your business scenario. Whether you are expanding your business, restructuring, or perhaps taking on an entirely different segment or focus area, there are different ways to structure your LLC.
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Can I run 2 businesses from the same premises?

Yes, it is possible to run two or more separate businesses under a single limited company. This involves the use of trading names to compartmentalise the overall company into separate units, each of which can be run as a unique business.
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Can I use one business account for two businesses?

As long as it is not prohibited, you can legally have one bank account with multiple DBAs. Although it is generally not recommended, some business owners may find that it is the best decision for their setup.
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What happens if you dont trademark your business name?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.
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Can someone copy your business name?

As unfortunate as it is for you, sometimes people don't even know that it is illegal to copy someone else's work. If you notice someone is copying your business name, logo, or content, reach out and let them know first.
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Should I copyright my business name?

Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.
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What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).
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How much does it cost to trademark a name and logo?

The official fee charged by the Indian trademark office is Rs. 4500 (Individuals, Startups and Small and Medium Enterprises – SME's) and Rs. 9000 (for others) per mark per class.
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How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.
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How do I trademark my logo?

Trademark Application Process:
  1. Complete a trademark search.
  2. Secure your rights.
  3. Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.
  4. Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.
  5. Submit an "intent-to-use" form. ...
  6. Pay the fees.
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