Can Two Different Companies Use The Same Company Name?

Now that your company is running, you can’t wait to use the fantastic name you’ve always desired. However, you are not sure whether you have a unique business name or if two different companies can use the same one. In addition, is it appropriate for you to use the same company name as another? Before you brand a company or completely alter its name, let’s examine the specifics of business naming. We’ll discuss what a company name is and can two different companies use the same company name, and how to protect your brand so you can legally claim the name you want and make it exclusive to your company.

What is A Company Name?

A company name is the legal name that customers use to find your business. It is the legal name in all official documents, including tax returns, contracts, and government requests. When you register your company with Companies House in the United Kingdom, your name will appear on the list. There are important qualities to consider in a company name. The company name must be original and adhere to specific guidelines established by Companies House. All legal documents, including job contracts, invoices, and leases, have this name.

Once registered, Companies House makes this information accessible to anyone. To prevent mistakes or potential legal issues, you should make sure your company name doesn’t infringe upon any rights or sound too similar to the name of another company.

Rule Of The Same Name And Similar Names:

Companies House has the right under the Companies Act 2006 to decide if a proposed business name is “too similar” to a current company name or the “same as.” The registrar can turn down the name application where it is. The “same name” rules don’t mean that a business name has to be the same as a current one to be turned down. If words, phrases, signs, and symbols aren’t strong enough to distinguish a suggested company name from a current one, they may not be used.

For instance, the word “the” is not relevant, so “The Baking Company Ltd.” is the same as “Baking Company Ltd.” Companies House may reject applications if the company name is “too similar” to one already on the register.

Can Two Different Companies Use The Same Company Name?

Some of the points discussed below will clarify the query: can two different companies use the same company name?

1. If two businesses are in different parts of the world, they can still have the same name. As an example, the name “Apple” is a brand for both a tech business and a record label, even though they are in different fields.
2. Two businesses can have the same name even if they are in unique fields. For example, the word “Delta” is a brand for both an airline and a company that makes faucets.
3. Companies file their names under certain categories, like “clothing” or “software.” It’s okay for two businesses to share the same name but be in different classes.
4. Parent companies occasionally permit businesses or franchises to use their names as long as they adhere to certain rules. For instance, McDonald’s locations all over the world use the same brand name.

How To Check Whether A Company Name is Already Used Or Not:

The only method to find out if the name you have chosen is already taken if your company is a partnership or sole proprietorship is to enter it into a search engine like Google and see what results appear. You can use an online tool to verify if the name you wish to use is already in use. The Companies House record will show if your business name is available or taken. Monitor online activity to avoid name conflicts and protect your business’s reputation. Search the government database for pre-existing company names that are similar to or near the name you wish to use for your enterprise.

The corporation only accepts original company names that are not already taken. It cannot be the same name as another local company that offers similar products or services. As the company’s owner, it will be your responsibility to resolve any disputes with other businesses in the event of this.

If The Name Selected For The Company is Already Taken:

A business name, also sometimes called a trade name, is a different name that a company can use when it doesn’t want to use its legal name. According to “same as” rules, this name does not need to be on Companies House’s public register. The exemption is due to its status as a business or trade name. You may have many business or trade names, but you shouldn’t use one that is the same as the legal name of another company in the same field. When picking a company name or business/trading name, you should also be careful not to infringe on any listed trademarks. To achieve this, you should search the trademarks register ahead of time.

Conclusion:

In some cases, two businesses with different fields or locations may share the same name. But it’s crucial to give any potential conflicts some serious thought. Make sure your company name is distinct and doesn’t clash with other titles or company names to avoid legal issues. To ensure that a name is safe for your brand and image, you should always check business and trademark databases before deciding on one. This blog has cleared all your queries regarding a company name and can two different companies use the same company name and how to find it out.

Disclaimer: This page provides basic information only and does not give legal, tax, or professional advice. We try to keep the material accurate and current, but it should not replace expert advice.