Oregon Letter of Consent to use Similar Corporate Name
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How to fill out Letter Of Consent To Use Similar Corporate Name?
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FAQ
For most states, two businesses will not be allowed to use the same DBA. Doing so will cause confusion, especially when the fictitious names are in the same industry. In order to use a DBA for your business, you must submit an application. Just make sure that your fictitious name isn't already taken!
By statute, more than one individual or business may register the same fictitious name. The applicant (or owner) of a fictitious name is responsible for avoiding and defending against any name infringement.
Since businesses are registered at the state level, it is possible for your company to have the same name as a business in a different state. However, this can lead to trademark issues and other problems.
When you register a company name at Companies House, it is protected by law so no other business can use it. Trading names do not receive this protection, which means that if someone wanted to register your trading name as a limited company, they could do so, whilst also demanding that you stop using it.
You can often use the same business name in your own state or another state, if it is not in the state where the business name is filed, and it doesn't violate trademark rules. This is common practice for smaller local businesses.
Trademark Law Consumer confusion can occur when similar products have similar names. The result can be that consumers cannot determine the source of the product. If you choose a name that is too similar to the name of a competing business, that business may accuse you of infringing on its trademark rights.
If you discover another business using your name, the most common first step is to send a cease and desist letter to the other business. Keep in mind that there are better and worse ways to write a cease and desist letter, and how you craft the letter will have a large impact on whether the other business complies.
In most cases, when two businesses with the same or similar names are operating in overlapping markets and locations, the conflict will be handled through an administrative proceeding with the US Patent and Trademark Office or with a lawsuit brought by one of the owners.
Using the same name as another business will typically not be acceptable when: You sell different products or services but operate within the same industry as another company. The name is in use by a major national brand, regardless of industry. The other business registered for trademarks before you did.
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.
