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To check for business name availability across the USA, you can use state-specific Secretary of State websites or the U.S. Patent and Trademark Office database. Each state has its regulations, so it's essential to check individual state resources. Moreover, if your business operates in multiple states, securing a Georgia Letter of Consent to use Similar Corporate Name can facilitate name approvals.
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.
If you discover another business using your name, the most common first step is to send a cease and desist letter to the other business. Keep in mind that there are better and worse ways to write a cease and desist letter, and how you craft the letter will have a large impact on whether the other business complies.
Two Businesses Can Have the Same Name in Different States Because naming rules are limited to one state, businesses formed in different states can have identical names.
Using the same name as another business will typically not be acceptable when: You sell different products or services but operate within the same industry as another company. The name is in use by a major national brand, regardless of industry. The other business registered for trademarks before you did.
For most states, two businesses will not be allowed to use the same DBA. Doing so will cause confusion, especially when the fictitious names are in the same industry. In order to use a DBA for your business, you must submit an application. Just make sure that your fictitious name isn't already taken!
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.
The same trademark laws for registered company names extends to domain names. If another business has the same domain name as you, you can take legal action against them for trademark infringement, and vice versa.
Trademark Law Consumer confusion can occur when similar products have similar names. The result can be that consumers cannot determine the source of the product. 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.
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.