Does your company name already exist? The same name is sometimes possible

Introduction

Coming up with a company name is not easy. The name has to last for years, it has to fit your product or service and ideally it has to fit your core values. It is therefore very annoying when, after a long search, you have finally found the perfect name and it turns out that the company name already exists. What should you do then? And are there still options if your name is already in use?

What if your company name is already in use?

Of course, your checks may reveal that your dream company name is already in use. Too bad, but no reason to despair right away and start brainstorming for a new name. There are several exceptions where you can still use an existing brand or company name. In those cases, pay extra attention to the availability of the domain name you want, because chances are that it is already in use.

When is it okay to use your company name anyway?

1. If there can be no confusion

If there can be no confusion between your company and the company with the same name, using the same name is usually no big deal. As long as customers can clearly tell the two companies apart, there's nothing to worry about. If that distinction is not clear, there is a good chance of legal confusion. Pay very close attention to this, because confusion can easily arise, especially if you offer the same or similar products or services as your competitor. In doing so, you could be taking advantage of that company's name recognition, which could cost that company customers.

2. If you are in a different industry

Using a company name that already exists does not have to be a problem if you operate in a different industry than the company using the same name. The Chamber of Commerce provides insight into which industry the company with the same name operates in. If you want to start using the same company name in a different industry, in principle this is not a problem.

3. If you work in a different geographical area

Business names are partially protected geographically. For example, a hair salon or a clothing store focuses on a specific region in most cases. As long as you operate in a different geographical area, you may use the same name as other businesses. You will not get in each other's way, so there is no problem. Of course, this does depend on the type of business you have. For example, if you run a web shop, it's almost impossible to link it to a particular region.

Still choosing a new company name?

It may happen that your coined business name does not pass the check and even the exceptions do not provide a solution. Then it stops, because infringing on someone's trade name can cause a lot of problems. In that case, there is nothing left but to go back to the drawing board. There are several ways to do that:

• You're coming up with a new company name. By now you know how that process works, so hopefully you'll manage to find a good alternative sooner.
• You let us come up with a name for you. We provide extensive checks to maximize your chances of capturing the name.

So it's not always a problem if your new company name already exists. And if it is still a problem, fortunately there are plenty of alternative business names. Good luck finding your ideal name!