Names that already exist

Im curious. Can more than one product, place or service share the same name? Is that legal? For example: A chiropractor’s office is called "
Imaginary name" but I also found a product called “imaginary name”. Or a beauty product and a cafe share the same name. The reason I ask is because I’ll spend a few hours coming up with a name and then do a Google search to make sure it hasn’t been used and it has. It keeps happening.

Sometimes, the name can be shared if it’s an entirely different industry…For example, I don’t think there would be conflicts with Rosebud Restaurant, Rosebud Cinema and Rosebud Casino. :neutral_face:


Thank you. That helps a ton! I’ve ruled out several of my favorite names after discovering they were being used somewhere else.


@AlwriteyThen’s answer is spot on. What you’re dealing with here is a part of Trademark law related to business class.

So if the trademark warning pops up we could research the industry and decide whether or not to submit? Or is the TM warning important if it is for another country? Or avoid submitting any with TM warning?

@AmandaWhite - We believe that it is worth submitting great names even if there is a TM warning. If you do a little research and are able to share it with the CH, this is even better. As apposed to a URL issue, which is a hard stop (if is not available, I cannot submit–a TM warning is more of an alert that says, More information is needed.


While it’s true in relation to trademark for different industries, some CH’s want original names. So they’re not confident in the name, if it brings up too many google searches with the same reference. That goes for social media material like Youtube and Blogs too, which isn’t normally trademarked. I’ve found that true of a lot of CH’s.

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