Can 2 Businesses Have The Same Name?

Can I have the same name as another business?

Generally, as long as no one else in your state is using that business name, you can call your company whatever you like.

Names are doled out on a first-come, first-served basis.

That said, you can run into trademark issues if your business and another’s fall within the same category or are substantially similar..

Does your business name have to be the same as your LLC?

The legal name of your LLC or corporation must be distinguishable from the names of other entities on record with the state filing office. Otherwise, the state may refuse to file the documents to form your LLC or corporation.

How do I check if a company name is already taken?

The quickest and easiest way to check potential name availability is to simply go to your favorite search engine (like Google) and do an online business name search. You can check this name with a .com, or .

Can 2 businesses have the same address?

Multiple business entities may have the same address, just make sure that you incorporate each business as a separate entity with the Secretary of State. You may want to consider one parent cooperation with divergent subsidiaries acting independently of each other.

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.

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 know if I can use a business name?

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.

Can you trademark the same name in the same class?

It goes without saying that confusion and trademark conflicts are bound to arise when the trademark names of different business entities are the same or sound similar in the same class. However, if the names only sound alike but aren’t spelled alike, they can be in the same class without issues.

Can you have multiple businesses under one ein?

Yes, you can have multiple businesses under one LLC. … It is not possible to use the same EIN for different Entity types or for businesses that are not related. … If you have multiple businesses that are taxed differently, such as a corporation and an LLC.

Can two clothing brands have the same name?

Often two companies co-exist with similar names for several reasons. … baby clothing, or the other companies are in different jurisdictions and do not cross each others’ consumer base etc. Legally, it is the trademark owner’s responsibility to enforce his/her trademark rights.

How can I run two businesses under one company?

You can run two or more businesses under one LLC by either:running all the business activities under one LLC name, or.registering DBAs (“doing business as”), also known as Fictitious Names.

Can 2 businesses have the same name in the same state?

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 there be two LLC with 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 you sue someone for using your business name?

Trademark. Trademarking your business name gives you more protection than just registering it. Once you’ve trademarked it, you can sue anyone who infringes on it. Even a name that’s not identical can infringe if it’s close enough to confuse your customers.

How do I make sure my business name isn’t taken?

Use the USPTO’s free trademark database. 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.

How long can you reserve a company name for?

120 daysRegistering a name After the name application has been approved, the name will be reserved for 120 days. If you do not register the business or incorporate the company within this 120 days, the name will no longer be reserved and will be made available to other members of the public.

Can I run 2 businesses from the same premises?

There is nothing to stop you having a separate business at the same address.