It is possible for two companies organized in different states to have the same name. Whether one business using the name of another business constitutes trademark infringement will depend on multiple factors, most importantly the geographic areas where the two companies do business. If the two businesses operate in completely different states and regions, then both companies will likely be permitted to use the same name. However, if one business moves into the operational territory of another business with the same name, it may lead to trademark infringement.