Can I name my business when someone already has that same name?

Answer 1

If the other business operates in another state and registered it in that state -- but not in your state -- then you can use that name. But if the business operates in your state, you will not be allowed to register a business that will use a name currently in use in the state.

You will also not be allowed to use the name of a business if the other company has trademarked the name. You can be sued for that.

Answer 2

Determining if marks infringe can be tricky and each situation varies from another.

The general rules to keep in mind are:

1) Are the names similar in Sound, Appearance or Meaning?

2) Are the industries the same or similar to one another?

3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?

4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?

Here's what the USPTO has to say about this matter:

"The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:

the similarity of the marks; and
the commercial relationship between the goods and/or services listed in the application.

To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related."

It's best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 3

Already has the name ? Are they registered as a Trademark, DBA or other corporate name protection ? If so, you could/would be sued. You might consider purchasing the Tradename from them if they own it. Why not just name your business something else ?

Answer 4

Call an Attorney