Quick Answer: Can Two LLC Have Same Name?

What if two businesses 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..

The LLC name, or legal name, is the official name of the entity that is used to sign documents, file tax returns, file lawsuits, or to submit a loan application with a bank. On the other hand, a business name, or trade name, is the name the public uses to identify your business.

Does my LLC name have to match my business name?

No, your LLC name does not have to BE your business name or MATCH your website name. Your LLC name is your company’s legal entity name while your business name is your brand name to market to your customers.

Can you sue someone for using your business name?

Trademark. Trademarking your business name gives you more protection than just registering it. Once you’ve trademarked it, you can sue anyone who infringes on it. Even a name that’s not identical can infringe if it’s close enough to confuse your customers.

What happens if someone trademarks your business 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.

So, do you need to incorporate “LLC” in your logo? In short, the answer is no. In fact, none of your branding/marketing needs to include “LLC,” “Inc.” or “Ltd.” If it is included, this may look amateur. … Logos are an extension of a company’s trade name, so marketing departments don’t need to include legal designation.

Does the name of your LLC matter?

The legal name of your LLC or corporation must be distinguishable from the names of other entities on record with the state filing office. … LLCs. An LLC’s legal name usually has to include words like Limited Liability Company, Limited Company; or abbreviations like L.L.C., LLC, L.C., LC, or Ltd.

Can I use the same name as another business?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

How do I protect my business name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the U.S. from using your trademarked names.

Can I register a business name that already exists?

Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours.

Can someone steal my business name?

It is a simple thing for someone to snatch it out from under you and claim ownership of it. Your first step should be to register the name as a trademark. You can do this online through a number of services or hire an attorney. … However, you can probably trademark a combination of words, such as “Biz Tipz for You”.

Can an LLC own a trademark?

There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

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.

What do you do if someone copies your business name?

You can apply to a company names adjudicator to have a Ltd company name removed from the Companies House register because it’s the same name, or so similar as to mislead and confuse. You can also take them to court for trade mark infringement or for ‘passing off’ if you haven’t trade marked your name.