If your company sells a completely non related product or service from the other company then it does not matter if they have a trademark. Your company will not be in trouble because consumers will have no problem distinguishing your company from the other company. If your company and the other company both sell the same product or service, but conduct business in different states then this will not be a problem. However, with the invention of the internet this is now becoming a problem.
The internet allows companies to conduct business globally. In a situation where two companies compete in the same market and share the same business name then it will come down to who has registered their trademark first.
The best way to avoid getting in trouble is to immediately trademark your business name. Also conduct trademark research before registering to make sure no one else is already using that business name that directly competes in your industry.
If you do not wish to pay for the trademark registration, then I would suggest marketing to as many markets as possible before another company comes along and trademarks your business name. As long as you are first in establishing the business name and can prove you were doing business in set markets, then you are trouble-free.
These requirements include: Are the businesses in the same industry or geographic location? Which business used the name first? Which business registered the name first? Trademark Issue? Hire the Right Defense Copyright and trademark offenses have caught the attention of federal prosecutors.
An attorney will be able to conduct more thorough research and offer expert advice on whether you should use a given business name and if and when you should register a trademark. Trademark attorneys will also ensure proper compliance with all legal requirements and deadlines throughout the trademark process. You can find an attorney by searching the American Bar Association or your local and state bar association for a trademark attorney best suited for you.
The Short Answer: Maybe 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. Is the other business in the same industry? Is the other business in the same geographical market? Who was using the name first?
Who registered the trademark first? When You Can use a Similar or Exact Name Based on the test above, there are some scenarios in which using the same name as another business is generally permitted. You operate in a completely different industry than the other business in question.
You operate in an entirely different geographic market. When You Cannot use a Similar or Exact Name If there is any potential for consumer confusion, you will not be able to use the same name as another company.
Using the same name as another business will typically not be acceptable when: You sell different products or services but operate within the same industry as another company. The name is in use by a major national brand, regardless of industry.
Should you obtain trademark rights and register a trademark to protect a business name? Read on to learn more about how to protect a business name. But how do you protect a business name and make sure no one else grabs it for their own use? Anyone can snatch up a business name and use it for their own business. Otherwise, chaos and consumer confusion can ensue. The risk of damage to your brand could be significant. Federal, state and local laws may all offer tools you can use to protect your company name and preserve your rights as the business owner.
Read on to learn how to protect your business name. Typically this means filing articles of incorporation with the Secretary of State or other designated state agency. Sole proprietorships, partnerships and other non-corporate entities can also conduct operations as a business. If you choose to go this route, however, applicable state or local laws might require you to register a fictitious name for your business.
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