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Can a company in Canada and a company in the USA have the same name if they are in the exact same industry?

Atlanta, GA |

I am considering becoming an independent contractor for a relatively new skincare line based in the Northeast. Since I am trying to cover all of my bases before I sign the contract, I researched to see if any other skincare lines have the same name. I found that a company based in Canada has the exact same name and the ingredients in their skincare line are very similar to the products formulated by the company I am considering working for. So I want to make sure I am not at risk for legal trouble even though I would be an independent contractor with my own LLC. Thank you for your advice!

Attorney Answers 1


I would consult with an attorney about the contract that you want to sign even if you are considered an independent contractor to make sure that you could not be held responsible. To answer your question, the two companies can have the same name. I would want to know which company owns the trademarks to any products. If the U.S. company owns the marks and did not file internationally then the Canadian company is free to sell in Canada but may have a great deal of difficutly in the U.S. I cannot imagine that one of the companies does not own a trademark. I would retain a lawyer to investigate that issue for you as well.

This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.

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