Picking a name for your dental practice can help you stand out and gain recognition in the market. However, another dental practice may already operate under a name you want to choose for your new practice. Can two dental practices have the same name?
Understanding Trade Names and Trademarks
Dental practices operate under trade names, which may derive from the name of the corporation or LLC under which the practice operates or a DBA (“doing business as”) name filed by the dentist who manages the practice. A dental practice may subsequently trademark its trade name to preclude other practices from operating under the same name.
Legal Restrictions on Name Duplication
Most states do not allow two businesses to have the same name. For example, two corporations or two LLCs cannot have the same name; however, an LLC may have the right to use the same name as an existing corporation in the state. State licensing boards may also prohibit a dental practice from assuming the same name as an existing practice in the state. When a new practice applies for licensure, the state board will check its records to see if another practice already operates under that name. State dental boards may allow two practices in the state to operate with similar names if the board determines that the similarity between the names will not cause consumer confusion.
Trademark laws can also restrict dental practices from using the same name as existing practices. Dental practices may register state or federal trademarks, depending on whether the practice has locations in only one state or has locations in multiple states. However, trademarks held by businesses in other industries might not preclude a dental practice from opening under that trademarked name.
Risks of Having the Same or Similar Name
Choosing the same name as another dental practice can create various legal challenges or risks, such as:
- Consumer Confusion – Having the same name as another dental practice can lead to confusion among patients, who may mistakenly book appointments with the other practice when they intended to go to your practice.
- Brand Dilution – Using the same name as an existing dental practice can make it more challenging to secure visibility for your business, especially online on search engines and social media platforms.
- Negative Association – When two dental practices share the same name, negative reviews or bad PR can negatively impact the other practice if people mistakenly associate those reviews or adverse news with the other practice.
- Trademark Infringement – Choosing to name your practice the same as an existing dental practice may lead that other practice to file a trademark infringement lawsuit against your practice. A trademark infringement lawsuit may result in consequences such as a monetary judgment or a court injunction requiring you to change your practice’s name.
How to Choose and Protect a Unique Name
Best practices to follow when choosing a name for your dental practice include:
- Search your state’s business registry to see if other corporations, LLCs, or partnerships already use the name you’ve chosen for your practice.
- Run a trademark search in your state and with the U.S. Patent and Trademark Office.
- Check your preferred domain name and social media handles for availability.
When you’ve settled on a unique name for your dental practice, you may protect that name by registering it as a trademark. Contacting an experienced attorney can help you explore your legal options to safeguard your practice’s name so that prospective patients can find you when they hear about your practice through advertising or word of mouth.
Contact a Dental Attorney Today
When you start a dental practice, naming your business can help you market to patients. However, choosing a name for your dental practice can implicate trademark laws and other practical concerns. Contact Mahan Law today for an initial consultation with a dental attorney to learn more about the issues you should consider when naming your dental practice.
