Quick Answer: Can Two Companies Have The Same Name?

Can 2 companies have the same name in different countries?

Can two companies have same business name in different countries or states of USA.

Yes, it is very possible if the business name is not trademarked or registered in the same country or state.

A trademark has a territorial aspect; it functions only within the country or state where it has been registered..

Can I trademark a name that already exists?

Registration is only one part of trademark protection. … For this reason, many people choose to use their trademarks before registering them. In this situation, you can register a trademark that already exists, and the U.S. Patent and Trademark Office offers a registration form for trademarks that are already in use.

How do I know if a brand name is taken?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

How do I make sure my business name isn’t taken?

Use the USPTO’s free trademark database. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.

How do you know if a brand is trademarked?

In India trademark database, you can perform a search only using a single class at a time. You can perform the wordmark search using any prefix method “Starts With”, “Contains” or “Match With”. A search with a keyword in “Starts With” option and the result will show all the trademark starting with the searched keyword.

If you are using your business name as your trademark, you can also register your business name as a trademark. Registering your trademark will give you exclusive rights to it in Canada for at least 15 years (you can renew it indefinitely as long as it is still being used).

Can two brands have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

What happens if someone trademarks your name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

How can I make sure my business name is not taken?

In most states, the website of the state business filing agency includes an online entity name check tool. You can use the online tool to search business names and find out whether another business is already using the name you have chosen.

What are the 3 types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

Can a business use the same name as mine?

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. …