If you are registered as a sole proprietorship or a partnership, you can’t really check if your company name is already taken beyond typing it into a search engine like Google and seeing what comes up. How do I check if the company name I want is already taken? If your company trademarks the name first, this will also give you more of a right to use the name. If your business was the first to use the name and registered the name first, then you may have the grounds to argue your legal right to the business name.

However, if two companies are operating in the same field or industry, such as two clothing brands with the same name, this could be an issue.Īnother consideration is the name first rule. In this case, the consumer confusion factor is pretty low. If you and another business have the same or similar name, but you are both not operating in the same industry or field, you may have a case for no consumer confusion, and there may be no issue.įor example, maybe your company works in tech, and a business with the same or similar name works in mining. The claim to a business name has a lot to do with consumer confusion, and whether having two similar or same names will be a sore point for consumers. If you’re worried about your company using the same name as another company and aren’t sure what the rules are around business names that are the same or similar, pause and consider your customer. Get Started What are the rules around names that are the same or too similar? 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. So, your company can have the same name as another company, and vice versa, with no claims of trademark infringement. If you have registered your business name as a sole proprietorship or a partnership, you get to access the benefits of being a business owner, but you do not have any business name protection whatsoever. How do I settle a name dispute with another business?Ĭan my company have the same name as another company?Īs an entrepreneur, your company formation affects your legal right to all facets of your business, including your business name.How do I check if the company name I want is already taken?.What are the rules around names that are the same or too similar?.Can my company have the same name as another company?.

Another word for running a business