Question: Can There Be Two LLC With The Same Name?

Can someone use my LLC 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..

Can I use a name for a business 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.

What do you do if someone uses 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.

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.

Can you use an LLC name that is inactive?

Names with an “Inactive” or “Inact” status are available for use. These are prior business names which have since expired and are now available to new businesses. … Your LLC name must end with the words “Limited Liability Company”, or the abbreviations “L.L.C.” or “LLC”. The abbreviation “LLC” is the most common.

Can there be two companies with the same name?

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). … However, if the business operate in overlapping markets and have similar names, there are a series of factors we must consider to determine who has priority.

Can you have multiple businesses under one name?

The answer is yes–it is possible and permissible to operate multiple businesses under one LLC. Many entrepreneurs who opt to do this use what is called a “Fictitious Name Statement” or a “DBA” (also known as a “Doing Business As”) to operate an additional business under a different name.

How do I name my small business?

10 Tips for Naming Your Startup or Small BusinessThink about what you want your business name to convey. … Brainstorm to identify name possibilities. … Keep the name short, simple, and easy to write and remember. … Avoid names that are too narrow or too literal. … Avoid decisions by a committee but do “test” your company name with others. … Avoid plain words.More items…

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 your LLC name 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 trademark something that already exists?

You’re not legally required to register your trademark to assert that you own it, and trademarks are actually strengthened by frequent use. … In this situation, you can register a trademark that already exists, and the U.S. Patent and Trademark Office offers a registration form for trademarks that are already in use.