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3800-FM-WSFR0090 1/2007 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF WATER STANDARDS AND FACILITY REGULATION AVAILABLE OPERATOR ANNUAL REPORT FORM Available operator.

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The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

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. These requirements include: Are the businesses in the same industry or geographic location?

These brands are also called “Brand Twins”. A famous example is the “Apple” name used by Apple Incorporation as “Apple” and by Apple Corporation Limited as “Apple Records”.

Approach the business directly. If you can settle the issue with a simple email, this is often the best way to go because it's quick and less expensive than filing a lawsuit. Be polite, explain that they are using your company name without permission, and ask that they immediately stop doing so.

However, if you're trying to register a name that's too similar to an existing company's, you may face some problems. The other business could file an objection with the state or sue you for trademark infringement.

If you are found to have willfully infringed another's trademark rights, you could face steeper penalties. However, keep in mind that another business can still sue you for trademark infringement even if your infringement is not willful. This is why it's imperative to conduct a thorough search of business names.

Without registering your trademark, you have no legal defense in case of a lawsuit. A registered trademark is a federal and legal registration of your company's mark. If anyone else wants to register a name or design that's the same or too similar to yours, they will be guilty of trademark infringement.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Privacy Notice
Legal Hub
Content Takedown Policy
Bug Bounty Program
About Us
Blog
Affiliates
Contact Us
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate WorkFlow
DocHub
Instapage
Social Media
Call us now toll free:
+1 833 426 79 33
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232