NO. When registering a company you have to register its name with ministry of corporate affairs. There you check for the availability for the name that you have in mind for your company. The name of each and every company should be unique.
Two companies can have the same name but that too in the following way:
abc pvt. ltd.
or
abc corporation
or
abc and associates
You want to know what happens when two businesses have the same name? First, all the lawyers get rich! Both your lawyers and the other companies lawyers.
Then, depending on business registrations, copyright, and trade mark registrations, one of the companies will lose the rights to use the name and pay the lawsuit winner fees and penalties as determined by the court settlement.
In India, companies can be of various types like:
- Proprietorship
- Partnership
- LLP (Limited Liability Partnership)
- Private Limited
- Public Limited
- ....and few other types.
Name for a Proprietorship or Partnership company is decided by the promoter themselves and there are no restrictions for the same. No checks are done if a company by the same name is existing already.
But Name for a Private Ltd and Public Ltd., should first be approved by the Registrar of Companies. Only after they verify that no other Private / Public ltd. company is existing by the same name, do they provide approval for a name.
A
In India, companies can be of various types like:
- Proprietorship
- Partnership
- LLP (Limited Liability Partnership)
- Private Limited
- Public Limited
- ....and few other types.
Name for a Proprietorship or Partnership company is decided by the promoter themselves and there are no restrictions for the same. No checks are done if a company by the same name is existing already.
But Name for a Private Ltd and Public Ltd., should first be approved by the Registrar of Companies. Only after they verify that no other Private / Public ltd. company is existing by the same name, do they provide approval for a name.
A certified Company Secretary shall be able to help with more aspects of registering a company and ROC (Registrar of Companies) guidelines.
Most jurisdictions will not let you register a name if it is already registered, preventing this from ever happening.
With the world increasingly getting smaller thanks to the internet, it is more common place these days to have two businesses that share the same name. When this happens, it is important to read up on your trademark laws to make sure your business is not at risk. The ultimate goal of establishing trademarks is to prevent consumer confusion.
Here are four important questions to address to decide if your business is safe from infringement lawsuits.
- Who used the name first?
- Who registered the name first?
- Does the other company sell the same product or service as your own?
- Does your company compete in
With the world increasingly getting smaller thanks to the internet, it is more common place these days to have two businesses that share the same name. When this happens, it is important to read up on your trademark laws to make sure your business is not at risk. The ultimate goal of establishing trademarks is to prevent consumer confusion.
Here are four important questions to address to decide if your business is safe from infringement lawsuits.
- Who used the name first?
- Who registered the name first?
- Does the other company sell the same product or service as your own?
- Does your company compete in same market as other company?
Each company should have unique name to get registered as PVT LTD firm in Companies Act. However it could be ABC IT Solutions Pvt LTD or ABC Infosoft PVT LTD which are considered as separate firms. You may have a common Trade Name like ABC / TATA :)
Private companies can have the same name, but to avoid confusion they are usually separated by distance. However, the website or Domaine name must be unique. Public companies must register their name, and duplicates are not allowed.
It should always be remembered that a company is known by its own special name and fame/ Mere name the company by the name of a famous company hardly makes difference. The first company may file complaint against the other for duplication of name under Company’s Act.
Two companies can have the same name unless they are using the name as a trademark and are in competition with each other by producing similar goods or services in the same market
Yes in some cases you can but be prepared to be sued if you are providing the same service. Sued by the owner of the one who first filed the name. Also, if the name is trademarked then you would be in violation of trademark laws and would be prevented from using it.
Ya if one is private limited and the other is lip or proprietorship and if the name is not trademarked …
A company means a company which is registered under companies act 2013 Or any other previous company law.
According to section 4(2), the name stated in the memorandum shall not –
(a) be identical with or resemble too nearly to the name of an existing company registered under this Act
or any previous company law.
Hence, according to companies act, 2013 two companies cannot have same name.
Even while registration on company name on MCA website you must firstly reserve your name RUN Form and at the time of reservation if it already exist you will be unable to proceed.
Yes, if there is no trademark registered. It happens all the time. But it is very risky of a lawsuit of infringing tradename if one acquires so.
If two company have same names, two of them if one going to Court and do complain over another one, then court takes legal action to one of them who lose to prove their company name is orignal. So if you are the one owner of company and another one take your name, then I highly recommend to go Court and filing a case against him or her.
There are many ways that this can happen.
Sometimes you want "confusion". A great many businesses in the US operate as franchisees. For instance, Subway has over 21,000 separate franchisees - all separate and distinct businesses yet the sign says "Subway" over every one.
Other times, a business is geographically distant from another an unlikely to cause confusion. There is probably an "AAA Plumbing" in almost any city - because it would have been one of the first listings in the yellow p...
A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the 'same as' or 'too similar' to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.
Yes, it is possible if both have a ownership of proprietorship. No, In case of companies either Private limited or Public Limited.
This is I believe a legal question, this really depends on the state and what the business does. But this is a question for an attorney, they can go into details about laws, and why or why not.
I believe you can have a similar name, but if the name is exactly the same and the company, a corporation and has a trademark or copyright you might run into some issues.
In the US, business names can be very similar, depending on the state in which the business is registered.
In some states, business names, also known as trade names, may only vary as little as a word or even a letter. Kansas is one such state.
At kansas.gov, note these comments on how similar two business names may be:
“Laws governing business entities generally require that the entity’s name be unique from the names of other entities doing business in the state. States typically employ one of the following legal standards to determine if a name is available for use: “distinguishable upon the rec
In the US, business names can be very similar, depending on the state in which the business is registered.
In some states, business names, also known as trade names, may only vary as little as a word or even a letter. Kansas is one such state.
At kansas.gov, note these comments on how similar two business names may be:
“Laws governing business entities generally require that the entity’s name be unique from the names of other entities doing business in the state. States typically employ one of the following legal standards to determine if a name is available for use: “distinguishable upon the record” or “deceptively similar.” Kansas uses the less stringent standard of “distinguishable upon the record”, which merely requires that the entity’s name be distinguishable from other entity names already on file with the Secretary of State. This liberal standard means that, even though the proposed name may look or sound similar, a small difference in spelling, or the addition of one extra letter or word, is enough to allow the name.”[1]
It’s important to remember that a business name, or trade name, is not necessarily the same as a trademark, which is a form of intellectual property. It’s true that each state has a business name clearance when a business first registers with the state, but this is not to be confused with a trademark clearance, a necessary step in avoiding trademark infringement.
Footnotes
Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern.
However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name. If you have any thoughts or plans for branding your business on a nationwide (and not just local) level, you'll want to be aware of anyone else using the same or similar name.
If it could cause customer confusion one party can petition the court to stop the other party using the similar name
In the UK there is a big and famous department store in central London called “Selfridges” which stopped a small shop on the outskirts of town selling 2nd hand white goods using the name “Sell Fridges”
Big companies have invested millions creating their brand so will be very protective of their brand if they think it is being undermined by someone else using a similar name which undermines the exclusivity and hence value of their brand
Yes , they can have same name only if they should not be operating in the same industry and there logo design and trademark appearances should bot be same.
It is not acceptable from IP point of view, you cant register such trademarks, over that it creates the confusion in costumers mind about products.
If you intend to do this, file your trademark through a lawyer. Most offer a flat fee for this service.
Suing for trademark infringement isn't optional. If this other company feels your trademark is possible infringement, they must sue, or risk having their trademark invalidated.
Details matter. You need to take your proposed name to a lawyer and get advice. And have him file in case any problems occur. The risk is too great to do this yourself.
If this trademark is not registered in your own country, you can use it. A trademark has a territorial aspect, it operates only in those countries where it has been registered. Therefore, it is better for you to register your trademark in order to avoid any problems in the future.
In the case, if the company which owns this trademark is a big multi billion company they can attack your trademark in your country. But if the company is just a local company, it should not stop you from registering your trademark in your country.
Often two companies co-exist with similar names for several reasons. Sometimes the parties have entered into a co-existence or consent agreement, the two companies are smaller outfits who do not have the funds to enforce their trademark rights, the companies do not know of each other, the companies sell products to different target consumers ie. sporting goods vs. baby clothing, or the other companies are in different jurisdictions and do not cross each others' consumer base etc.
Legally, it is the trademark owner's responsibility to enforce his/her trademark rights. There are laws protecting
Often two companies co-exist with similar names for several reasons. Sometimes the parties have entered into a co-existence or consent agreement, the two companies are smaller outfits who do not have the funds to enforce their trademark rights, the companies do not know of each other, the companies sell products to different target consumers ie. sporting goods vs. baby clothing, or the other companies are in different jurisdictions and do not cross each others' consumer base etc.
Legally, it is the trademark owner's responsibility to enforce his/her trademark rights. There are laws protecting trademark owners, but there isn't a trademark police that enforces these rights. So, can the two exist at the same time? Yes, but if the senior user begins to enforce his/her rights, then the junior user will likely have to stop use in order to avoid legal fees.
Now, as to the specific example you used, the term "Clothing" is a descriptive and/or generic term, which does nothing to distinguish it from Ambition. Just like Home Depot Hardware would not be able to distinguish itself from the Home Depot, or McDonald's the Best Burger in the World with a side of fries and a shake, would still be considered to be the same as McDonald's.
It is critical to understand what buyers of your goods and services would think of this as well as those buyers in the other state. As soon as consumers start being confused as to the true source of the stuff they are buying, we are in trademark hell.
Yes. (see Adams answer)
In the caption of a Supreme Court case, the first name listed is the name of the petitioning (appealing) party, followed by the party responding (respondent) to the appeal. So you could have a Google v. Apple and a Apple v. Google.
It depends on many things. Are you in the same field of business? For example: United Airlines and United Van Lines use very similar names, but because they are in different industries, they do not conflict.
Are you in the same territory as the other business? Sometimes marks that don't extend into another corporation's territory won't conflict.
Finally, being established or incorporated first might not be so definitive. The real question is "when was the mark first used in commerce?" A related question is "Are the marks registered?"
Trademark is very fact-specific. Without more information
It depends on many things. Are you in the same field of business? For example: United Airlines and United Van Lines use very similar names, but because they are in different industries, they do not conflict.
Are you in the same territory as the other business? Sometimes marks that don't extend into another corporation's territory won't conflict.
Finally, being established or incorporated first might not be so definitive. The real question is "when was the mark first used in commerce?" A related question is "Are the marks registered?"
Trademark is very fact-specific. Without more information, it's difficult to answer.
The bigger problem is that you're trying to build two different businesses at the same time. Don't do that. Focus on one, then build the other later.
Dedicate your brand to one business. What you're doing is diluting both your brand and your time... Which will likely result in neither gaining traction.
A wordmark or logotype is usually a distinct text-only typographic treatment of the name of a company, institution, or product name used for purposes of identification and branding.
A trademark on the other hand can be a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.
Therefore the difference in the two is that a wordmark can protect text-only typographic treatment of a company, whereas a trademark could protect any signs, designs or expressions the company created to differentiate itself.
For any further help regarding t
A wordmark or logotype is usually a distinct text-only typographic treatment of the name of a company, institution, or product name used for purposes of identification and branding.
A trademark on the other hand can be a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.
Therefore the difference in the two is that a wordmark can protect text-only typographic treatment of a company, whereas a trademark could protect any signs, designs or expressions the company created to differentiate itself.
For any further help regarding trademarks and wordmarks, don’t hesitate to contact me.
My company, Serenity Software, certainly doesn't have a unique name. There are at least 2 other companies in the world with a similar or identical name. My service offering is different from either of theirs, and none of us own the canonical http://serenitysoftware.com like you would hope.
We aren't very big brands, and I don't do any SEO for my company at all, since that's not the way I gather business for myself, but even if I did, and there were brand confusion, it doesn't really matter that much. SEO is one of the least useful ways to market a company like mine.
Let's say you're selling a pr
My company, Serenity Software, certainly doesn't have a unique name. There are at least 2 other companies in the world with a similar or identical name. My service offering is different from either of theirs, and none of us own the canonical http://serenitysoftware.com like you would hope.
We aren't very big brands, and I don't do any SEO for my company at all, since that's not the way I gather business for myself, but even if I did, and there were brand confusion, it doesn't really matter that much. SEO is one of the least useful ways to market a company like mine.
Let's say you're selling a product, and you decide to name it some random noun. Let's say "Pandora". You'll notice that there are already competitors out there for that name who are selling vastly different products, and are competing for SEO space against the other companies, the myth, the Avatar movie, and various other websites. None of them are doing too badly.
Legally, it doesn't matter. As long as you're not just being a jerk to the other company and trying to compete directly with them and using the same name, it's not even really a big deal. There are a limited number of words, and about 8 billion people, so there are bound to be some duplicates.
That would vary by jurisdiction. Most if not all require specific naming conventions. If there’s any state or country that doesn’t prescribe suffixes like Corp, Inc, SE/SA/SARL/SRL, LTD, KK, BV, GmbH, CxA, etcetera, I’ve yet to run across it: a legal system where the corporate nature is glossed over. Even a DBA has to make clear who you’re dealing with.
You certainly can say ‘Apple’ in colloquial speech, but never in a legal document, just as Freddie Mercury would not use his stage name on a contract.
First, you mean trademark, not copyright.
The actual answer is not hard-and-fast, because the actual legal rule is whether the new mark us “likely to cause confusion in the mind of the average consumer”, and that depends on a whole host of factors, of which the mark is only one.
So, to steal the example from another answer, Jiffy peanut butter is not an infringement on Jiffy oil changes.
To use your specific example, a beer-making kit called Berox would not infringe on Xerox computer printers.
But Zerox computer displays would definitely infringe on Xerox computer printers.
Two companies can have same name of trademark in same class provided have different goods.
There are various goods cover under one class, if a company register a trademark for one goods then another company can register the same name for other goods.
Hi,
Let me tell you one things first which is that Trademarks have territorial validity. By this i mean that registration of trademarks are valid in separate countries. So answer to your questions is yes you can get it register but after looking at these two ponts:
- whether that trademark is registered in your own country? if yes then go for somethings else and drop it.
- What kind of an organisation is using that trademark? iF it is a huge and famous one like Nike, Puma, H&M and better drop that mark because they wll create problems for you irrespective of anything. Resaon being people will associa
Hi,
Let me tell you one things first which is that Trademarks have territorial validity. By this i mean that registration of trademarks are valid in separate countries. So answer to your questions is yes you can get it register but after looking at these two ponts:
- whether that trademark is registered in your own country? if yes then go for somethings else and drop it.
- What kind of an organisation is using that trademark? iF it is a huge and famous one like Nike, Puma, H&M and better drop that mark because they wll create problems for you irrespective of anything. Resaon being people will associate your mark with theirs despite them not having registeration in your country or belinging to different market and what else.
I hope I have answered your query properly. In case you need any further assistance related to IPR you can contact me directly, will be happy to help you.
Yes, someone else can get a trademark for your brand name in another country. Reason being that trademarks are teriitorial in nature which means that you have to get them registered in every country seperately. For example if you register a mark in India then it is validly registered and protected in India only, if you want to protect your mark in USA and Canada then you have to register it in these two countries as well. And alternatively you can register through madrid sytem to avoid hiring IP Attorney at different countries, it helps you in getting it registered in one go that too at your d
Yes, someone else can get a trademark for your brand name in another country. Reason being that trademarks are teriitorial in nature which means that you have to get them registered in every country seperately. For example if you register a mark in India then it is validly registered and protected in India only, if you want to protect your mark in USA and Canada then you have to register it in these two countries as well. And alternatively you can register through madrid sytem to avoid hiring IP Attorney at different countries, it helps you in getting it registered in one go that too at your desired different countries.
I hope I have answered your query properly. In case you need any further assistance you can contact me directly, will be happy to help you :)
Because trademarks are associated with certain goods and services, there are plenty of examples, including:
- Ford Mustang and Mustang Seeds
- Delta Airlines, Delta Faucets, Delta Dental, etc.
- Domino Sugar and Domino’s Pizza (similar, at least)
- Pink for Thomas Pink and Victoria’s Secret sub-brand (surprising given they’re both fashion brands)
- Finlandia for cheese and vodka
- Apple for computers and a record company
- Morningstar (investment research) and Morningstar Farms (vegetarian foods)
- Eos for a camera and a car
- United Airlines and United Van Lines (and countless others, I’m sure)
And so on. Pick any short
Because trademarks are associated with certain goods and services, there are plenty of examples, including:
- Ford Mustang and Mustang Seeds
- Delta Airlines, Delta Faucets, Delta Dental, etc.
- Domino Sugar and Domino’s Pizza (similar, at least)
- Pink for Thomas Pink and Victoria’s Secret sub-brand (surprising given they’re both fashion brands)
- Finlandia for cheese and vodka
- Apple for computers and a record company
- Morningstar (investment research) and Morningstar Farms (vegetarian foods)
- Eos for a camera and a car
- United Airlines and United Van Lines (and countless others, I’m sure)
And so on. Pick any short, positive/cool, real-English word and there’s a good chance a number of companies are using it as a trademarked brand name. It’s part of what makes brand naming so difficult.
No, two LLCs cannot have the same name, at least not in the same state, at least in Oklahoma, and probably in other states, too. When you form an LLC in your state, you will have to do a name search to make sure your name is significantly different than another entity which might have previously taken the same name. Now, it is possible for someone to form an LLC with a certain name in one state, and then a different person to form an LLC with the same name in another state. However, in most states, an LLC must choose a unique business name.
If neither of you have an existing trademark and you apply for one, the UK brand can argue it is an existing property. You may have to fight it out in court, but if they can prove they used the name before you, the trademark will be awarded to them, or thrown out altogether.
There is a famous trademark case of McDonald v MacDonalds in the UK, where the burger giant tried to get a roadside cafe closed down for infringing on its trademark, despite the cafe using the name over 50 years before the...
Only if it's McDonalds. They'll probably sue you.
Yes, definitely. Quite common.
Issues arise only if one of the companies is doing business in the same geography as the other and/or if one of the companies has a trademark for the name at state or federal level.
It may be different in real estate as there you may not be able to sell real estate through a company registered out of state, but in other fields, the two companies could both still operate legally, but possibly at the expense of consumer confusion.
If one of them holds either federal or state trademarks for the name, that could also complicate things.
This question cannot be answered with the limited amount of information provided.
Consult a trademark attorney for help.
Different states have different regulations. If they are incorporate in Delaware you can have two different entity types with the same name, all that is required is “Name Consent” would need to be signed.
Yes. It is possible. If you want name exclusivity, you most likely want to pursue a trademark and the associated domain name. It is even possible to have a corporation and an LLC in the same state with identical names.