Table of Contents▼
You've found the perfect business name—but someone else is already using it. Can you still use it? The answer is: it depends.
This guide explains when you can legally share a name with another company, when you can't, and how to make the right decision.
The Quick Answer
You can use the same name as another company IF you're in a completely different industry AND they don't have a famous trademark. You cannot if it would confuse customers or violate trademark law.
Famous Examples of Same-Name Companies
| Company 1 | Company 2 | Why It Works |
|---|---|---|
| Delta Airlines | Delta Faucets | Completely different industries |
| Dove (soap) | Dove (chocolate) | Different product categories |
| Apple Records | Apple Inc. | Different industries (until iTunes...) |
| Domino's Pizza | Domino Sugar | Food, but different categories |
These coexist legally because customers wouldn't confuse an airline with a faucet company.
Understanding Business Name "Ownership"
There are three different types of business name registration, and each has different rules:
State Business Registration
LLC/Corp names registered with Secretary of State. Local protection only.
Federal Trademark
USPTO registration. Nationwide protection in your industry class.
Domain Name
Website address. First-come, first-served globally.
What This Means for You
- Someone having "TechFlow LLC" in Texas doesn't prevent "TechFlow LLC" in California
- Someone having a federal trademark for "TechFlow" in software DOES prevent you from using it for software
- If techflow.com is taken, you'll need a different domain (or TLD)
When You CAN Use the Same Name
Different Industries
The safest scenario. If companies operate in completely unrelated fields, the same name is usually fine.
| Scenario | Your Business | Existing Business | Risk Level |
|---|---|---|---|
| ✅ Safe | Coffee shop "Apex" | "Apex" construction company | Low |
| ✅ Safe | "Horizon" SaaS tool | "Horizon" furniture store | Low |
| ✅ Safe | "Atlas" consulting | "Atlas" auto repair | Low |
Different Geographic Areas (No Federal Trademark)
If the existing company only has state registration (no federal trademark), you may be able to use the name in a different state.
This only works if:
- They don't have a federal trademark
- You operate in a different state
- You're not planning to expand into their area
- It's not a famous brand
When You CANNOT Use the Same Name
Same or Similar Industry
If you'd compete directly or customers could be confused, it's a no-go.
| Scenario | Risk |
|---|---|
| Same product category | ❌ High risk |
| Same customer base | ❌ High risk |
| Online business (nationwide reach) | ❌ Complicated |
Federal Trademark Exists
If someone has federally registered the name in your industry class, you cannot use it anywhere in the US.
Famous/Well-Known Brands
Famous trademarks get broader protection. You can't name your shoe company "Nike" even if you sell only in Montana.
- Apple (for any tech product)
- Google (for any internet service)
- McDonald's (for any food service)
- Nike (for any apparel/athletics)
Famous marks are protected across all industries.
How to Check for Name Conflicts
Search Domain Availability
Start with namemyapp to check if the domain is available. If the exact .com is taken and actively used, there may be a business already using the name.
Search USPTO Trademark Database
Go to USPTO TESS and search for:
- Exact name match
- Similar spellings
- Phonetically similar names Check if conflicts exist in YOUR industry class.
Search State Business Registry
Check your state's Secretary of State database for registered LLCs and corporations using the name.
Google the Name
Search "Your Name + your industry" to find unregistered businesses using the name.
Check Social Media
Look for active businesses using the name on Twitter, LinkedIn, Instagram.
The Legal Test: "Likelihood of Confusion"
Courts use this standard when deciding trademark disputes. They ask:
Similarity of Names
How similar do they look and sound? Exact matches are worse.
Similarity of Products
Do you sell similar things to similar customers?
Same Channels
Do you sell in the same stores or online channels?
Strength of Mark
Is the other mark famous or distinctive?
Risk Assessment
| Factor | Lower Risk | Higher Risk |
|---|---|---|
| Industry | Completely different | Same or related |
| Geography | Local business, different state | Both online/nationwide |
| Trademark | No federal trademark | Federally registered |
| Fame | Unknown small business | Well-known brand |
| Name type | Descriptive ("Quick Dry Cleaners") | Distinctive ("Xerox") |
What If You're Already Using the Same Name?
You Might Have Prior Rights If:
- You've been using the name longer (in commerce, with evidence)
- You operate in a completely different industry
- You have geographic priority in your region
You Should Probably Change If:
- They have a federal trademark in your class
- They've sent a cease and desist letter
- You're getting customer confusion already
- It's a famous brand
Rebranding costs $200,000+ on average for established companies. If there's a conflict, it's cheaper to change now than fight (and potentially lose) later.
Better Strategy: Choose a Unique Name
Instead of risking conflicts, generate a distinctive name that's uniquely yours:
Why Unique Names Win
Pros
- ✓ No legal conflicts possible
- ✓ Easier to trademark
- ✓ Cleaner domain availability
- ✓ Stronger brand identity
- ✓ No confusion with competitors
Cons
- ✗ Requires initial marketing investment
- ✗ Less immediately descriptive
- ✗ May need to explain what you do
Names That Are Easier to Own
| Type | Examples | Conflict Risk |
|---|---|---|
| Invented words | Kodak, Xerox, Spotify | Very Low |
| Abstract real words | Apple (for tech), Amazon | Low (in unrelated industries) |
| Compound words | Facebook, Snapchat | Low |
| Descriptive | General Electric, Best Buy | High (hard to own) |
Decision Framework
Is there a federal trademark in your industry?
Yes → Do NOT use the name No → Continue checking
Is the existing company in the same industry?
Yes → High risk, probably avoid No → Lower risk, proceed cautiously
Are you both online/nationwide?
Yes → More likely to conflict eventually No (one is local) → Possible coexistence
Is it a famous/well-known brand?
Yes → Do NOT use the name No → Evaluate total risk
The Safest Approach
Generate a completely unique, brandable name that no one else is using. This eliminates all conflict risk and gives you a strong foundation for trademark registration.
Ready to Find Your Perfect Domain?
Generate AI-powered business names with guaranteed availability. No signup required.
Have a specific naming conflict question? Ask us on Twitter.
