Can a business have the same name in the same industry in the same state??

Asked about 4 years ago - El Paso, TX

I own a business in one part of the state of TX and there is another business 12-14 hours away with the same name. We are both in the same exact type of business. He has asked me to change my business name becasue he has his registered as a trade name. Do i have to change my business name?

Attorney answers (3)

  1. Samuel Earl Whitley

    Contributor Level 7

    1

    Lawyer agrees

    Answered . It depends on what the other company's "trade name" registration is. If it is an assumed name (DBA), then you do not need to change the name of your business. If the other business has a federal or state trademark for the name, then you may have to change the name of your business.

  2. Richard M. Bain

    Contributor Level 7

    Answered . Often, the registration of the trade name does create enforcable rights by the owner of the trade name, and in fact he may need to take steps to protect the trade name from improper use by another to continue to maintain the rights. . One alternative you might have is to obtain a license from the owner of the trade name to use that same name. If the markets in which you operate do not compete, that may be an acceptable solution for you both.

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  3. Deborah Gonzalez

    Contributor Level 11

    Answered . Also take a look at your logos - are they similar? Would someone mistake your business for the other because of the logo or just because of the name? You may have an issue if confusion can occurr on the part of the consumer.

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