Can two businesses have the same name in different industries?
Last reviewed 11 July 2026
You’ve found a business already using the name you love — but they’re in a completely different sector. Can you still use it? Often the answer is yes, because trademark protection is tied to classes of goods and services, not to the name in the abstract. But three separate rules all have to clear.
1. Trademarks are class-specific
A registered mark only protects its owner within the classes it’s registered in. A software company (Class 9/42) and a bakery (Class 30/43) can share a name without either infringing, because customers won’t confuse the two. The closer your sectors, the higher the risk — and famous, well-known marks get broader protection that can reach across classes.
2. Companies House still applies
Class rules are irrelevant to incorporation. Companies House compares the “same as” name across all companies, whatever they do. So even in a different industry, you can’t register a company whose name is the “same as” an existing one — you’d need a distinguishing word.
3. Passing off doesn’t care about classes
If the existing business has real customer goodwill and your use would mislead people into thinking you’re connected, they may have an unregistered “passing off” claim — even with no trademark. This is most likely when the name is distinctive and the audiences overlap.
Check your specific situation
“Different industry” is a spectrum, not a green light. NameVetted screens the trademark register against your classes, scores how close existing marks are, and checks Companies House and the live web at the same time — so you can see whether a shared name is genuinely safe or a coincidence waiting to bite. Run a free check to find out.
General information, not legal advice.
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Frequently asked questions
Can I use a name that’s trademarked in an unrelated industry?
Often yes, because trademark rights are limited to the registered classes — but famous marks get wider protection, and Companies House and passing-off rules still apply, so screen it first.
Does a different industry protect me from being sued?
It reduces the risk of trademark infringement but doesn’t eliminate passing-off claims where goodwill and confusion exist, and it doesn’t affect Companies House “same as” rules.
Related guides
Company name vs trademark: what’s the difference?
A company name lets you exist. A trademark lets you stop others trading on your name. They’re different registers with different rights — here’s how they fit together.
What happens if your business name infringes a trademark?
A cease-and-desist, a forced rebrand, sometimes damages. Trademark infringement doesn’t care that Companies House approved your name — here’s what’s actually at stake.
Can two UK companies have the same or similar name?
Two companies can’t share the “same as” name — but the rules on what counts as the same, and on merely similar names, surprise most founders.