Three different things
- Business name registration: registering the name you trade under, for example with a US state, a Canadian province or ASIC in Australia. It usually doesn’t give you exclusive rights to the name everywhere.
- Company name: limited companies and corporations have a registered legal name. Registers such as Companies House won’t accept a name that is the same as an existing one.
- Trademark: protects a brand name for particular goods or services. Using a name that is confusingly similar to someone else’s trademark can lead to a dispute, even if your business name was accepted for registration.
United States
Business names are generally registered at state level, so two businesses in different states can sometimes share a name. Trademarks work nationally. The SBA suggests checking the USPTO database before you choose.
Sources: SBA: choose your business name · USPTO trademark search
United Kingdom
Companies House won’t register a company name that is the “same as” an existing one, and has rules on names that are too similar. Sole traders don’t register a name, but still shouldn’t use one that copies a registered trade mark.
Sources: Companies House: company name availability · UK IPO trade mark search
Canada
Business names are registered with your province or territory, or federally for federal corporations. Trademarks are registered with CIPO.
Sources: Corporations Canada: business names · CIPO trademark search
Australia
Business names are registered with ASIC. Registering a business name doesn’t give you trade mark rights; IP Australia handles trade marks.
Sources: business.gov.au: register your business name · IP Australia trade mark search
A simple way to reduce the risk
- Search the trademark database and business registers for your country.
- Search the web and social media for businesses using the name in your field.
- Choose a distinctive name rather than a common descriptive one.
- If anything looks close, or you want to register a trademark, get advice from a trademark attorney or your IP office.
Frequently asked questions
Can I use a name if the domain is available?
A free domain doesn’t mean the name is free to use. Check trademarks and business registers too.
Do I need to trademark my business name?
You don’t have to, but registering a trademark can give you stronger rights. Ask your country’s IP office or a trademark attorney.
Can two Etsy shops have the same name?
Etsy shop names must be unique on Etsy, but that says nothing about trademarks. Check the official databases as well.
Last reviewed: October 2026. General information only — check providers' official sites for current features and pricing.