Can two businesses have the same name? We know that two or more brands can absolutely have the same address, but what about the name? You’ve opened up a company and are eager to use the name you’ve always wanted. But before you do, you’re concerned about having a distinct company name. And also whether or not another company might already be using the same name.
Let’s examine in greater detail the ins and outs of business naming. Along with what it implies that you use the same name as another company. And how you may resolve this potential commercial issue before you embark on the procedure of trademarking a name or altering it entirely. We’ll also go over the trademark security procedure so you can get the name you choose. Make sure it’s exclusively the property of your company.
Can my business share a name with another?
Your company’s establishment as an entrepreneur has an impact on your legal rights to all aspects of your business. Especially your company name. The advantages of owning a business are available to you if you have incorporated your company name as a sole corporation or a partnership. But there is no name preservation at all.
Therefore, there is no risk of infringement of trademark if one of your companies shares the same name as another company, and vice versa. A legal conflict may arise. You might not be permitted to utilize the name if your firm uses something that is identical to that of another.
What regulations apply to names that are too close or identical to one another?
If you’re concerned that your business may have the same name as someone else or are unsure of the regulations governing names that are identical, take a moment to think about your target market. The claim to a particular name is heavily influenced by consumer uncertainty. And also whether having two names that are similar or the same may irritate customers.
If you and another company share a name but don’t work in the same sector or industry, you may be able to argue that there is no consumer misunderstanding and there is no problem.
Another aspect to think about is the name first principle. You may be able to defend your legal claim to the name if your company was the first to utilize the name. Or if you were the first one to license it. You will have a stronger claim to the name of your brand if you trademark it first.
How can I find out if the name I desire is already in use?
If your company is licensed as a corporation or a partnership, your only real option is to type the name of your brand into a search engine. Like Google or Opera. See what results up. To avoid naming disputes and safeguard your company’s identity, it’s crucial to keep an eye on online activity.
How can I defend the name of my business?
Begin by organizing your firm in the national and provincial sectors. This is to guarantee that the name of your organization is solely yours. When you establish at both stages, your company name is exclusively available for use by it across the country. And you are legally entitled to use it.
The registration of a brand is an additional choice. By doing this, you acquire a brand name for your company name. The capacity to file litigation for infringement of trademark on a provincial or national stage, if necessary. To secure your brand, keep in mind you have the appropriate trademarks for your company name and an organization in place.
Do I need to secure my domain name as well?
Certainly! When it relates to branding and licensing, domain names are also a crucial factor, particularly in light of the fact that many firms operate online and have significant online brand visibility. Domain names are covered by the same trademark regulations as registered company trademarks. You can file a lawsuit for trademark infringement against another company if they use the same domain name as you, and vice versa.
How can I resolve the name issue with another company?
Give them the notice to cease and desist as a precaution if you ever come across another company using your name, brand, or domain name. This will show that you are knowledgeable about trademark law and that you want them to stop employing the term. You can pursue additional legal action to show that the infringement has hurt your business if they don’t act responsibly and the violation persists. Depending on how serious the infringement was, you might be entitled to compensation as the harmed party.
Whether two businesses can have the same name will depend a great deal on how you’re defining what constitutes a different name. The easiest way to see this is to look at the type of names that are protected by law. Any trademarks, geographic indicators, and designs that are unique to one business will likely prevent other businesses from using the one.