A company name is not only an identity marker but also a brand asset tied to a business’s reputation, history, and operations. Therefore, having another business use the same name—especially in the same industry like construction—can cause confusion among partners and customers, and directly harm the company’s image and business interests. Duplicate business names are not uncommon, particularly in the construction sector, which has many small- and medium-sized enterprises. So, if another company uses the same name as your construction company, can you sue? And where should you start?

Legal Basis for Addressing Duplicate Business Names
Before filing a lawsuit, it is essential to clearly identify the legal grounds and assess the level of infringement. The Law on Enterprises 2020 and its guiding documents provide clear rules on this matter.

When is a company name considered “identical” or “confusingly similar”?
According to Clause 1, Article 37 of the Law on Enterprises 2020, a company name consists of two elements: the type of business entity (e.g., LLC, JSC) and the distinctive name. The distinctive name is the key element that differentiates companies.
A name is considered identical if:

Both the business type and distinctive name are exactly the same as a previously registered company.

A name is considered confusingly similar if it:

Differs in characters but sounds the same or has the same meaning;
Misleads others into thinking it has a relationship with government bodies or political organizations;
Has only minor differences, such as adding a letter “A” or “B” at the end, without changing the essence of the name.

If another construction company uses a similar name that causes customer or partner confusion, you have a solid legal basis to lodge a complaint or file a lawsuit.

What Should a Company Do Upon Discovering a Duplicate Name?

1. Send a written request to cease the violation
The first step should not be to sue immediately but to verify the facts and choose a suitable approach. The company should send an official letter to the infringing business demanding they stop using the identical or confusing name. The letter should state the legal basis, the impact of the violation, and the requested remedies, such as changing the company name, removing signage, or adjusting branding elements. If the other party cooperates and changes the name, you can avoid litigation costs and delays.

2. File a complaint with the Business Registration Office or licensing authority
If no positive response is received, you can file a complaint with the Department of Planning and Investment where the business is registered. The authority may inspect and require the infringing company to amend its name if a violation is found.

3. File a lawsuit – the final but effective legal measure
If other measures fail, you can sue in a competent People’s Court, requesting the infringing company to:

Stop using the identical or confusing name;
Issue a public apology (in cases of serious reputational harm);
Compensate for material and moral damages if you can prove direct harm.

Evidence should include your business registration certificate, prior brand usage materials, proof of damages, and communications showing customer confusion.

How to Prevent Legal Risks Related to Company Names

1. Conduct thorough searches before naming your company
Check the National Business Registration Portal (https://dangkykinhdoanh.gov.vn) to ensure the name is available. Also verify domain names, trademarks, and social media handles to avoid overlaps.

2. Register your name as a trademark with the Intellectual Property Office
Registering your name as a business is not enough. Trademark registration offers stronger protection and enables you to act against brand infringement more effectively.

3. Have regular legal consultations
An outsourced legal department or regular legal partner like DEDICA can help identify and address risks early, protecting your brand and reputation.

Your business name is inseparable from your brand. If another construction company is infringing your rights—deliberately or unintentionally—you can demand they stop or take them to court, provided you prepare properly and act within the law.

With extensive experience in corporate and IP dispute resolution, DEDICA has helped numerous companies successfully handle duplicate name and brand confusion cases. We offer not only legal solutions but also partnership in safeguarding your hard-earned value.

Contact DEDICA Law Firm for expert legal advice!
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