Legal Question in Business Law in Maryland

It is possible for two companies to have the same name. The critical factor is the likelihood a consumer will become confused.

Therefore if the other user of the name is in a related field that does business in the same market it is unlikely you will be able to use that name. However if the other company using the name is in a different industry or geographic area it may still be possible to use the name.

Additional factors such as the registration of any trademarks, trade names, or other intellectual property would also be relevant to the determination.

Federal Trademarks can be searched online through the US PTO website: (http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4804:o5laom.1.1)

Trade and Business names in Maryland can be searched on the SDAT website:

(http://sdatcert3.resiusa.org/ucc-charter/Pages/CharterSearch/default.aspx).