So, your company can have the same name as another company, and vice versa, with no claims of trademark infringement. 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.
Can there be two companies with the same name?
Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
Can two businesses have the same name in one state?
You can often use the same business name in your own state or another state, if it is not in the state where the business name is filed, and it doesn't violate trademark rules. This is common practice for smaller local businesses. Trademarks may also come into play.
Can 2 businesses have the same name?
Yes, you can have a company with exactly the same name. But, only if your business is not in the same "class" of business as the other company(s). Looking at a trademark search for "Virgin" (Trademark search at USPTO ) there are 829 current and past trademarks that use this word.
What happens when 2 businesses have the same name?
By choosing the same name as another business, you risk being forced to change your name or even pay monetary damages to the other company. Sharing a name with another company can also make it difficult to register trademarks for your own business.
Can you get in trouble for having the same name as another business?
That said, you can run into trademark issues if your business and another's fall within the same category or are substantially similar. You can be found liable for trademark infringement or trademark dilution if you insist on pursuing your name without regard to how others are using it.