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Without registering your trademark, you have no legal defense in case of a lawsuit. A registered trademark is a federal and legal registration of your company's mark. If anyone else wants to register a name or design that's the same or too similar to yours, they will be guilty of trademark infringement.

If you are found to have willfully infringed another's trademark rights, you could face steeper penalties. However, keep in mind that another business can still sue you for trademark infringement even if your infringement is not willful. This is why it's imperative to conduct a thorough search of business names.

However, if you're trying to register a name that's too similar to an existing company's, you may face some problems. The other business could file an objection with the state or sue you for trademark infringement.

Approach the business directly. If you can settle the issue with a simple email, this is often the best way to go because it's quick and less expensive than filing a lawsuit. Be polite, explain that they are using your company name without permission, and ask that they immediately stop doing so.

These brands are also called ?Brand Twins?. A famous example is the ?Apple? name used by Apple Incorporation as ?Apple? and by Apple Corporation Limited as ?Apple Records?.

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. These requirements include: Are the businesses in the same industry or geographic location?

The short answer is, ?it depends.? It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.