Can I use a business name that is already used?
Asked by: Rodrick Price | Last update: February 18, 2026Score: 4.3/5 (68 votes)
You can sometimes use a business name that's already taken, but it depends heavily on the industry, location, and whether the name is trademarked; if the other business is in a different field, you might be okay, but if it's the same or similar, you risk consumer confusion, legal action (like a cease-and-desist letter), and rebranding costs. Always conduct thorough business name and trademark searches (via the USPTO for national use) before committing to a name to avoid infringement issues.
Can I use a business name that's already taken?
How trademarks may impact your use of a name. 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.
Can a business name be used twice?
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.
What happens if my business name is already taken?
Using a name that is too similar to an existing brand could result in a cease-and-desist letter, legal action, or the costly process of rebranding. A strategic approach involves ensuring your brand name is distinct enough to avoid confusion with existing trademarks while still aligning with your brand identity.
Can you use a business name if someone else uses it?
Best of all, they will not consider the other business who is using the same name if they haven't filed for trademark protection. This means you can get a trademark even if someone else is using your business name. This doesn't mean the person using your name first isn't without legal rights.
Can I Pick a Business Name if a Similar Name Already Exists?
How to tell if a business name is taken?
To check if a business name is taken, search your State Secretary of State's business registry, the USPTO trademark database (TESS), and run basic Google/social media searches; also check for domain names and DBA registrations (Fictitious Names) at county/state levels to avoid legal issues and ensure online presence, with a formal check requiring submission to your state.
Can I use my name for an LLC but use another name for my business?
If you want your LLC to conduct business under a name other than the official LLC name, you must register the additional name as a DBA in most states. Some states have statewide DBA registration, while in others, you must register a DBA with your local city or county. A few states don't require DBA registration.
Can I reuse a business name?
And so the good news is the California Secretary of State's Office will accept a filing to form a new corporation even if it has the exact same name as a corporation that was previously dissolved.
What names to avoid for LLC?
You should avoid LLC names that are misleading, offensive, too similar to existing brands, or use restricted words like "Bank," "Trust," or "Insurance" without proper licensing; also steer clear of implying government affiliation or illegal activity and names that are hard to spell or remember, as these can cause legal issues, confusion, or hinder branding.
How do I make sure no one else uses my business name?
How to Protect Your Business Name
- Register your business name. The first step is to register your business with local and state agencies. ...
- Apply for a trademark. Next, you can apply for a federal trademark with the United States Patent and Trademark Office (USPTO). ...
- Keep detailed records. ...
- Talk to a business lawyer.
Is it better to have a DBA or LLC?
It's better to have an LLC for liability protection and growth, shielding personal assets, while a DBA (Doing Business As) is better for low-risk situations, testing ideas, or when you just need a different trade name for an existing structure (like a sole proprietorship or LLC) to appear more professional, as a DBA offers no legal protection. Choose an LLC for formal business structures and an DBA for branding under your existing entity.
Can you get sued for having the same company name?
A: In California, as in many jurisdictions, using a business name that is too similar to an already existing business can potentially lead to legal issues.
How to tell if a name is already trademarked?
You can verify your desired trademark name by performing a trademark search. A basic trademark search will give you insights into direct name matches at the federal level. On the other hand, a comprehensive trademark search will also scan for existing marks that are even slightly similar and could cause confusion.
What to do if your business idea already exists?
What to do if your business idea already exists
- Do it better. Just because it exists already, doesn't mean it's executed well or is servicing the market's needs. ...
- Use the market to your advantage. You already know you need to do it better, and find a niche. ...
- Be memorable, and don't give up.
What if my business name is already trademarked?
If your company name is already trademarked by a different company, there is a chance you can still use it. In case the company name is trademarked in a completely different business area, you can still proceed with the trademark registration without any considerable risks.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
What to call yourself if you own an LLC?
Member: The most common title, “member,” is universally recognized and suitable for single-member or multi-member LLCs. Manager: If the LLC is manager-managed, the title “manager” denotes someone tasked with operational leadership, which may include owners or external appointees.
What are common LLC naming mistakes?
Common LLC naming mistakes include choosing a name that isn't unique or available, failing to check for trademark conflicts, using restricted words (like "Bank" or "Insurance"), being overly descriptive or too generic, and not verifying digital/domain availability, all of which can lead to rejection, legal issues, or branding problems.
What does LLC 🕊 💔 mean?
LLC stands for Limited Liability Company, a business structure, while the doves (🕊️) and broken hearts (💔) emojis usually signify the passing or "loss" of someone, often used online to mourn a person or perhaps a business/idea that has ended, meaning someone's LLC (business) might be gone or someone passed away with that business structure.
Can I use a business name if it is inactive?
If it's dissolved you can more than likely use the name, but if the business is inactive the state may not let you use the name. Many states have a waiting period before inactive or dissolved companies' names can be used by others, as inactive businesses do have a time period to reactivate.
Can you duplicate a business name?
In general: Yes, two businesses in different states can technically have the same name if neither has federally registered the name as a trademark and their operations don't compete or overlap. But once a trademark is registered with the U.S. Patent and Trademark Office (USPTO), it grants national protection.
Who pays more taxes, LLC or corporation?
Generally, an LLC (Limited Liability Company) taxed as a sole proprietorship pays more tax initially than an LLC electing S corp status or a corporation, due to LLC owners paying self-employment tax (Medicare/Social Security) on all profits, while S corps allow saving on this tax by paying owners a reasonable salary (subject to payroll tax) and taking remaining profits as distributions (not subject to self-employment tax). C Corporations face double taxation, where profits are taxed at the corporate level and again as dividends to shareholders, often resulting in the highest overall tax burden.
Why do people put LLC after their business name?
Why do businesses include “LLC” in the name? Including “LLC” helps establish the business as a legally recognized Limited Liability Company. This ensures liability protection for the owners and conveys transparency and professionalism to clients and vendors.
Can I run two different businesses under one LLC?
Yes, you can absolutely run multiple businesses under a single LLC to save on costs and simplify administration, often by using DBAs (Doing Business As) for different brand names, but you must understand the trade-off: all businesses share the same liability, meaning a lawsuit against one can impact the others, making a separate LLC for each high-risk venture often recommended.