Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. ... Others can form LLCs and businesses in other states that have the same name as yours . If you want to protect your business name across all states, you will need to trademark it.
Can two separate companies have the same DBA?
The short answer is yes — a company can typically register more than one DBA in the same state. ... However, if you decide to start doing business under a different DBA name, make sure you follow the appropriate legal process for doing so.
Can two LLCs have the same DBA?
State laws require that LLCs operate under the legal name as stated in the company's articles of organization
Can a DBA have two owners?
“DBA” means “doing business as.” It does not mean “sole proprietorship” because partnerships and LLCs and corporations can “do business as,” or use a fictitious name. ... If your question is about what you think is a sole proprietorship, it can only have one owner .
Can two businesses have same name?
Can Two Companies Have the Same Name? Yes , however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.
Can you sue someone for using your business name?
Can I Sue Someone for Using My Business Name? If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.
What are the disadvantages of a DBA?
- As an owner, you are personally liable for all debts accumulated by your business.
- As an owner, you do not exclusively own rights to your name.
Does a DBA need a separate bank account?
You do not need to have separate bank accounts unless you also have separate DBAs . Many banks do not even charge you to have separate bank accounts and doing so can make the accounting and tax process much easier.
Do I need a separate EIN for each DBA?
Your DBAs are just your business nicknames, and therefore, you won't have a separate EIN for a DBA . Not all businesses need an EIN. Whether you're required to have one depends on how your business is organized and what kind of taxes it pays.
What happens if someone trademarks your business name?
If the other business has a trademark, the current owner can infringe upon this legal protection by using the same company name . ... If there is a trademark in place for his or her company and someone else created a new entity with the same name, this owner can pursue a legal claim and contact a lawyer for a legal remedy.
Can you use a business name without registering it?
You can't legally use any business name until you have registered it as an officially recognized business entity , both with your local state authorities and with the Internal Revenue Service. Becoming recognized as a business by the Internal Revenue Service does not require any special steps or documents.
Can I use a business name that already exists?
A trademarked name is protected on a national basis. If a company name already exists as a trademark, you can't use it even if the company doesn't operate in your state. To see if a specific company name exists and is trademarked, search for the name using the USPTO website's electronic search system.
How do I know if someone is using my business name?
- Visit your state's secretary of state website to search their online business name database. ...
- Contact the county clerk's office of the county in which you want to conduct business or visit its website to conduct a fictitious business name, or “doing business as,” search.
Can someone steal your business name?
Anyone can snatch up a business name and use it for their own business . There's no one uniform database or agency that ensures only one business is using a specific business name. That's how we often see very similar company names that aren't related by franchise or corporate ownership from one state to another.
How do I keep someone from using my business name?
To be sure no one improperly uses your business's name or branding, you need to obtain a trademark . To do so, you'll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.
What's better DBA or LLC?
Generally, a DBA is less costly to maintain, but an LLC offers better benefits and protection . Expanding and selling a business, as well as generating funding, is also easier with an LLC. Also, a business owner does not receive personal liability protection from a DBA.
