Can I Have the Same Name as Another Business?

Can I have the same name as another business?
You can often use the same business name in your own state or another state, if it is not in the state where the business name is filed, and it doesn’t violate trademark rules. This is common practice for smaller local businesses.

When launching a new business, selecting a name is an essential first step. The success of your company can be made or broken by the name, which is an essential component of your brand identification. What happens, though, if you discover that another company already uses your name? Is it still functional?

No, is the response. You and another company cannot share the same name. It is against the law, and you risk having legal action done against you. Customers, suppliers, and the general public may become confused if two businesses share the same name. Additionally, it might harm the original company’s reputation, which might cost money.

There are a few exceptions to this rule, though. You might be able to use the same name if the competing business is in a different sector or operates in a different area. If there is a “Sunrise Bakery” in New York, for instance, you might be able to utilize that name for your California bakery. To be sure you are not breaching any laws, it is best to speak with a lawyer.

A Limited Company Is Allowed to Use a Trading Name.

A limited corporation is permitted to use a trading name. A firm may conduct business under a name other than its registered name, known as a trading name. If a limited business, for instance, has the registration name “XYZ Limited,” it may use a commercial name like “ABC Services.” However, all official papers, including invoices and correspondence, must still bear the company’s registered name.

Is a Trading Name Suitable?

A trading name may indeed be sued. You might be able to file a lawsuit against the firm using the trading name if it is generating consumer confusion or harming your brand’s reputation. You will need to provide evidence, nevertheless, that the use of the trading name is detrimental to your company. Can I Use a Name of a Company That Already Exists?

No, you cannot use a name for a corporation that is already in use. Every business needs a distinctive name, and using one that is currently in use could result in legal action being taken against you. To make sure no other firm is using the same name, a comprehensive investigation must be done before deciding on a company name. How Do You Come Up With a Trade Name?

The process of choosing a trade name comprises reflecting the brand identity of your company in the name. The name need to be memorable, simple to spell, and distinctive. Additionally, it must be applicable to your business. For instance, a trade name like “Sweet Delights” might be more fitting if you were opening a bakery than “Sunshine Services.”

In conclusion, it is illegal to operate under the same name as another company and doing so could result in legal action being brought against you. It is crucial to have a distinctive name for your company that captures its brand personality and is appropriate for your sector. It is usually preferable to speak with a lawyer if you are unsure whether you may use a certain name to make sure you are not breaching any rules.

Is trade name and DBA the same?

Although they are not exactly the same, trade name and DBA (Doing Business As) are connected. A DBA is a legal document that enables a business to operate under a name other than its legal name, whereas a trade name is the name a firm uses to identify itself. A company may occasionally use its trade name as its DBA, but the phrases are not synonymous.