Can I name my business the same name as an existing business in another state?

If the name is not available, try making it unique by changing the wording, adding additional words or changing the name entirely. A business name, sometimes referred to as a trading name, is an alternative name that a company may use when it doesn’t want to operate under its official registered name. This type of name does not have to be listed on the public register at Companies House because business/trading names are not subject to the ‘same as’ rules. This article offers general information only, is current as of the date of publication, and is not intended as legal, financial or other professional advice.

Blog Why Moz Small Business Solutions Uncover insights to make smarter marketing decisions in less time. A sole proprietorship is the simplest, and often most affordable, options when you’re looking to start a business. Here’s everything you need to know to register one in Quebec. Now that we’ve covered the ins and outs of naming your business, and protecting your brand, you should be able to pursue this aspect of entrepreneurship with confidence and clarity. However, if your business is using a company name that’s the same as another incorporated company, there could be grounds for a legal dispute, and you may not be able to legally use the business name.

I have used TMReady several times with complete satisfaction. Their searches were thorough, well organized and timely and the staff very responsive to my needs. Can two different companieshave the same name.both of them are registered under the same ROC but in different states. Intellectual property is an intangible form of property while a ‘Patent’ is a subset of intellectual property. With rapid development and globalisation around the world there has been a significant growth in the field of intellectual property rights in the recent years. To print this article, all you need is to be registered or login on

Another good way to determine if your business name is available is to see if the applicable domain name has been taken. Domain name searches are available through most domain registries and web hosting services. You sell different products or services but operate within the same industry as another company. A company cannot have the same name as another registered company. Any company formation application or change of company name form containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House .

Never claim a Business Profile without express consent from the business owner. It requires a certain amount of knowledge when it comes to legal matters and procedures. In any case, its always best toreach out to professional advisers ie; lawyer, company secretary, auditor, tax consultant, etc;before making major decisions to avoid unexpected problems and losses. The only time the Registrar will force a company to change its name is when it does not match the requirements listed in the Act.

Here’s a brief overview of the steps you need to take and what you should do if your business name already exists somewhere else. You operate in a completely different industry than the other business in question. As you are already thinking along these lines, you may want to consult with an intellectual property attorney so that you can develop a sound strategy for how to proceed.

For some businesses, larger service areas may be appropriate. Some businesses, like auto repair shops that have a garage for repairs and offer roadside service, are hybrid service-area businesses. These businesses can show their storefront address and designate a service area on their Business Profile. If you serve customers at your address and want to set a service area, your business location should be staffed by your team and able to receive customers during its stated hours.

Almost every state in the United States have an online database — typically through their secretary of state — that you can access easily and search to verify available business names. Your online presense and/or e-commerce will not create consumer confusion. Having an identical name to another business isn’t the only way to get rejected. If it’s similar to another name and might cause confusion between an existing business and your new business, you won’t be able to use the name. The ‘same name’ rules do not mean that a company name has to be identical to an existing one to be rejected. I do not have a federally registered mark, and neither does the other business with the same name.

Use the business description field to provide useful information on services and products offered, as well as the mission and history of your business. Always respond to management access requests promptly, and always transfer Business Profile ownership to the business owner immediately upon request. Authorized representatives must, whenever possible, encourage the business owner to create an alvincollege edu account, own the Business Profile, and add authorized representatives as managers. If you have a company called Marketing Media LLC and would like to form a new Delaware Limited Partnership with the entity name Marketing Media LP, the same process applies. When conducting business activities, sometimes clients decide that they need to form another Delaware company as a different entity type.

The name is in use by a major national brand, regardless of industry. When readers purchase services discussed on our site, we often earn affiliate commissions that support our work. Select your business type to see how Incfile can work for you.