Can You Have the Same Business Name as Someone Else?

Wondering if you can use the same business name as someone else? Sometimes, but only after you pass two legal gates. Think of it as a filing check (your state’s records) and a brand-risk check (trademark law). The quick box below shows how to decide, fast, whether your name can legally coexist or whether you should pivot before spending on branding.

When Two Businesses Can Use the Same Name (and When They Can’t)

Two businesses can sometimes use the same or similar business names if (1) your state deems the name distinguishable on its records and (2) trademark rules show no likelihood of confusion for your goods/services and where you sell. If shoppers might think the products come from the same source, even with different spellings or add-ons like “LLC” vs. “Inc.”, expect refusals or legal risk.

In practice, overlap is safer when industries, channels, and audiences don’t intersect and the marks look/sound/mean something clearly different. If your search reveals a close prior mark, strengthen the root (coin a term or add a distinctive element) or pivot before you invest in signage. Clear the state registry, the USPTO database, and common-law sources. If real buyers might assume a single source, expect refusals or legal friction, change course early.

Business Name vs. DBA vs. Trademark

A lot of confusion comes from mixing up your state-filed entity name with a trademark (brand) or a fictitious business name (DBA). Think of them as different tools: a legal business entity label in one state, a trading alias for marketing, and nationwide brand rights if federally registered.

Entity / “Business Name” (LLC/Corp)

Your LLC or corporation (llc or corporation) files an entity name with the state. By statute, that name usually must be distinguishable from other names on that state’s records; it helps you form a registered business but it doesn’t automatically give brand rights beyond that state.

Why it matters: “Distinguishable” can allow similar-looking names to coexist within a state if they meet the rule, and the rule is state-specific. Delaware’s code is a classic example.

DBA / Fictitious Name

A DBA (also called trade names or an assumed business name) is a public alias your business is called for marketing or banking. Many states don’t require DBAs to be unique, and a DBA generally provides little or no legal exclusivity by itself, you still need trademark strategy for real business name protection. If you’re new to the concept, here’s a quick primer on what a DBA is.

Trademark

A trademark protects your brand identity for specific goods/services. The core test is whether similar marks on related goods/services would likely cause customer confusion. Trademark registration at the USPTO creates nationwide presumptions of ownership (trademark rights) for a federal trademark used in commerce with the listed goods/services.

Even if two businesses pass state naming rules, the USPTO (or a court) can still find trademark infringement if consumers would likely be confused, similar sound, appearance, or meaning may be enough.

Common-law Rights

You can acquire common law rights just by being first to use a mark in a particular area, even before you’ve registered the mark, but those rights are limited in scope and geography. Federal registration strengthens and expands those rights, including nationwide presumptions.

Quick Comparison (for clarity)

Before the table, here’s what you’re looking at: a side-by-side snapshot of scope, uniqueness rules, and what each option actually protects. Use it as a checklist while naming or rebranding.

When Two Companies Can Share (or Not Share) a Name

Context matters, State business registries ask whether an entity name is distinguishable on their records; trademark law asks whether buyers would likely be confused. That’s why two businesses operating in different places or industries can sometimes coexist, unless a stronger federal trademark (or earlier common-law user) says otherwise.

Different States, no Federal Trademark Conflict

Forming the same or similar LLC/Corp in another state can be possible because state “entity names” only protect at the state level. However, a prior federal trademark (or an unregistered, first-use owner) can still block or squeeze you later. Always clear both the state registry and USPTO; common-law rights arise from use, not filing.

For a practical state walkthrough, try our Ohio LLC search walkthrough.

Different Industries/Classes

Two marks in different “classes” can still conflict if buyers would expect a common source (e.g., apparel vs. retail apparel services). The USPTO’s likelihood of confusion analysis focuses on relatedness of goods/services and real-world channels, and its coordinated-classes guidance is a search aid, not a pass. Don’t rely on classes alone.

Same State/Registry

California’s rule (a helpful model) says a name isn’t distinguishable if it differs only by entity identifiers, capitalization, punctuation, spacing, or “&/and.” In short: the sight test rules.

Quick examples (not distinguishable in CA):

• A & B Corporation vs. A and B Corporation.
• D.R.E.A.M. Incorporated vs. Dream Corporation.
• A B C Corp., AB C Corp., A.B.C. Corp., A-B-C Corp..
• Good Time Rest Home, LLC vs. Goodtime Rest Home LLC.

CA also bars names “likely to mislead the public,” even if technically different, another reason minor tweaks fail.

Same Name Across Borders (Canada/UK/India) – quick notes

Cross-border filings use different registries and tests. Clearing a name in one country doesn’t guarantee you’ll pass another country’s corporate registry check, or trademark clearance. Treat foreign corporate name availability and trademark screening as separate steps before launch.

• Canada (NUANS): Many federal/provincial filings require a NUANS report comparing your proposed name to Canadian corporate names and marks. Availability ≠ trademark clearance.
• UK: Companies House won’t register “same as,” and can force a change if a name is “too like.” Consent from an existing group/LLP can sometimes allow a “same as” name.
• India: Under Companies (Incorporation) Rules, 2014 Rule 8, names “identical with or too nearly resemble” an existing company are refused; certain differences (e.g., punctuation, articles) may be disregarded when comparing.

“How Similar Is Too Similar?” (What States & the USPTO Look At)

Even when two business names aren’t identical, they can still be too close for comfort. States apply “distinguishable on the record” rules to entity/DBA filings, while the USPTO applies trademark law’s “likelihood of confusion” test to brands used in commerce. Here’s how each standard works, and where people get tripped up.

State “Distinguishable” Tests (California example)

Most states check whether your LLC/corporation name is distinguishable from names already on file. California’s rule is visual: small differences (punctuation, spacing, casing, adding/omitting “LLC,” “Inc.”) usually don’t make a name new. In other words, “A&B Corp.” ≈ “A and B Corporation.” The test is primarily by sight, and entity identifiers are ignored for distinctiveness.

What California looks at (snapshot):

• “Distinguishable” means plainly different by sight (lettering/sequence).
• Not distinguishable if the only difference is an entity identifier, punctuation, capitalization, or “&/and.” (Examples: “ABC Corp.” vs. “A.B.C. Corp.”).
• Names also may not mislead the public.

Mini checklist (use this before you file in CA):

• Remove/ignore “LLC,” “Inc.,” punctuation, spaces, and “&/and” → is it still the same by sight? If yes, pick something more distinctive.
• Avoid names that could mislead about services/licensure.
• If you need an opinion, review CA SOS name guidelines and consider a formal reservation.

Trademark “Likelihood of Confusion” (USPTO)

For trademarks, the question is whether consumers would likely believe two marks come from the same source when used on related goods/services. Examiners look at the overall marketplace impression, sight, sound, meaning, channels of trade, and who used it first. It’s the most common refusal ground at the patent and trademark office.

Key factors you’ll assess:

• Similarity of the marks (appearance, sound, connotation, overall impression).
• Relatedness/proximity of goods and services (they need not be identical).
• Overlap in trade channels and customer classes (how/where buyers encounter the marks).
• Strength/distinctiveness of the prior mark (stronger marks get broader protection).
• Conditions of purchase (impulse buy vs. careful selection).
• Evidence of priority/first use (including common law use).
• Any real-world customer confusion (not required, but relevant).

Don’t Rely on Classes Alone

International/Nice classes help organize fees and searches, but class numbers don’t decide whether marks conflict. The USPTO expressly says classification has no bearing on the likelihood-of-confusion analysis; it’s about how the goods/services are identified and how consumers encounter them. (Think “clothing” vs. “retail clothing services”, different classes, still related.)

Fast Name-Safety Checklist

Before you spend on logos or signage, run this quick trademark search + business name search workflow. It blends state filings, federal databases, and common law checks to reduce risk of consumer confusion.

Search the State Business Registry

Check the Secretary of State (or equivalent) in every state where your company will form or qualify. You’re looking for names that would fail the state’s distinguishable test, even if punctuation or “LLC/Inc.” differs (For step-by-step instructions, see our guide to check if an LLC name is taken). The SBA explains entity names are state-level and may block filings locally without granting nationwide brand rights.

For a step-by-step example, see our Connecticut business entity search guide.

Search DBAs/Fictitious Name Databases

Many states store DBAs/fictitious names separately. They don’t always grant exclusivity, but they signal marketplace use. Start with Florida’s Sunbiz fictitious-name records and (as another example) Pennsylvania’s Department of State resources.

USPTO TESS + Coordinated Classes

Search the federal database (TESS) for identical and near-match terms (plural/singular, homophones, synonyms). Use coordinated classes to catch related goods/services you might miss if you only search one class.

Common-law Sweep

The USPTO warns its database omits unregistered marks. Do a broad internet sweep (Google, Amazon/Etsy, social handles) to find earlier users who may have common law priority, even without a federal filing. Consider hiring a trademark attorney for a comprehensive search.

Not ready for a law firm? Compare Rocket Lawyer vs LegalZoom to see when document services or legal plans can help.

International Angle (if you’ll sell abroad)

If you plan to expand internationally, align your search with Nice classes and check Madrid designations you’d likely file later. WIPO’s Nice Classification and Madrid guidance explain how classes and country designations work across jurisdictions.

What to Do If Your Desired Name Exists

You’ve found a collision, or a near miss. Here’s how to lower legal risk while preserving your brand momentum.

Options to Differentiate

Start by strengthening the trademark core. Pick a distinctive root (fanciful/coined, arbitrary, or suggestive) instead of a descriptive or geographic term. Swapping “Austin Plumbing LLC” for “Austin Premier Plumbing LLC” barely moves the needle; “Aquava™ Plumbing LLC” changes the overall impression and reduces confusion risk. The USPTO explicitly recommends creative, unique marks over descriptive wording.

Quick moves:

• Invent a new word or pair unrelated words (arbitrary/fanciful).
• Avoid geographic/surname-heavy names that are weak or often unregistrable without proof of distinctiveness.
• Run another trademark search to validate the revised root.

If you need ideas and guardrails, try our guide on how to create a business name.

Add a Specific Descriptor

Tacking on “Solutions,” “Co.,” “Shop,” or a hyphen rarely fixes similarity if the distinctive root remains the same. Examiners focus on the dominant portion and the marketplace impression (not corporate endings or punctuation) when they evaluate likelihood of confusion.

Seek Consent/Coexistence in Limited Cases

For business entity names (not brands), certain states allow filings that aren’t otherwise “distinguishable” if you obtain written consent from the existing record holder. Delaware is a clear example:

• LLCs: Delaware’s statute permits registration under a non-distinguishable name with written consent, filed with the Secretary of State.
• Corporations: Delaware’s Division of Corporations guidance reflects a similar written-consent path under DGCL §102(a)(1).

Pivot Early if a Federal/Confusingly Similar Mark Blocks You

If TESS shows a stronger, earlier federal trademark (or a robust pending application) in related goods/services, pivot now. Likelihood of confusion is the USPTO’s most common refusal, and owners are expected to police their marks, meaning you could face a cease and desist letter or worse if you push ahead. Early rebranding typically costs less than a failed application or an enforcement fight.

Step-by-Step Naming Workflow (Minimal Risk Path)

Use this quick, business name search + trademark search flow to cut surprises before you design logos or order packaging.

Scope Where You’ll Operate (states/countries) and Channels (e-com, marketplaces)

List every state you’ll form/foreign-qualify in, where you’ll actually sell, and your sales channels (own site, Amazon, Etsy, retail). This frames the entity checks, common-law sweep, and whether you need foreign filings later (Madrid). (We’ll stay U.S.-focused here.)

Clear The Name

Do a fast, layered clearance to reduce risk. This sequence catches registry conflicts, federal issues, and unregistered users who may have earlier rights.

1. State registries: Check each Secretary of State where you’ll form or foreign-qualify (use a business entity search to spot conflicts quickly); these are state-level identity checks only. The SBA explains entity names vs. trademark rights clearly.
2. DBA/fictitious names: Databases can signal marketplace use even if they don’t grant exclusivity. (Still worth checking in your states.)
3. USPTO search: Use TESS/Trademark Search, don’t stop at exact matches; expand to similar spellings/sounds and related goods/services.
4. Common-law sweep: Search the open web and major marketplaces/socials to find unregistered users with common law priority. Consider an attorney if risk is elevated. If you prefer a vetted DIY route, see our guide to best online legal services for small businesses.

File The Entity/DBA, then File The Trademark

Once the name is reasonably clear, file in an order that supports banking, contracts, and brand protection.

• Entity/DBA filing: Once the name is cleared, complete your business formation and any required DBA filings. If you prefer a streamlined, done-for-you route, you can use one of the best DBA registration services. Ordering filings in this sequence helps with banking and contracts.
• Trademark filing: If timing matters, file an application on a use in commerce basis, or file an intent-to-use (Section 1(b)) to lock priority while you prepare to launch. The USPTO’s basis page and timeline outline both routes.
• This is where a trademark registration strategy pays off: it builds nationwide presumptions of ownership and enforcement leverage.

Depending on your city/state rules, you may also need a separate permit, here’s when an LLC needs a business license.

Lock Matching Domains/Handles (note: domains ≠ trademarks)

Register the .com (and key ccTLDs if relevant) plus social handles. The USPTO is explicit: registering a domain name does not create trademark rights; domain use in a URL alone isn’t source-indicating.

Monitor & Enforce

Clearance isn’t one-and-done. Build light monitoring into your ops so you catch problems early and avoid unnecessary legal spend.

• Cadence: Check USPTO status (TSDR) and your marketplace presence quarterly; at minimum, review your registration annually and around maintenance deadlines.
• Policing: Owners are expected to police and enforce, set alerts, document instances, and escalate thoughtfully.
• Scam hygiene: Be wary of fake renewal solicitations; rely on USPTO notices and verified portals only.

FAQs – Can Two Businesses Have the Same Name?

You’re likely here asking, “Can two business names be the same?” Short answer: sometimes, but only if you pass state distinguishable rules and avoid trademark conflicts. Use this FAQ to get crisp, practical answers, then act with a minimal-risk plan.