Can You Register A Name As Llc If Already Used As Trade Name By Someone Else

Can You Use A Business Proper noun That's Taken In Another State?

Since businesses are registered at the state level, it is possible for your company to accept the same name equally a business in a unlike state.

However, this tin can lead to trademark issues and other problems.

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Concluding Updated: 2021-08-27

The Short Answer: Maybe

By choosing the same name as another business organization, you risk existence forced to alter your proper name or fifty-fifty pay monetary damages to the other company. Sharing a proper noun with some other company tin also make it difficult to register trademarks for your ain business concern.

Trademark laws help shield businesses from unfair contest by protecting logos, symbols, names, and slogans that uniquely distinguish ane business from another. The reasoning behind this is that having two businesses operating with the same name or other identifying features can cause consumer confusion. One business may concenter the customers of some other only because the consumer cannot tell the departure between the 2.

For businesses operating in different states, this may or may not exist an issue. If you've settled on a name being used by an out-of-state concern, consider the post-obit before moving frontward with the name.

Is the other business concern in the same industry?
Is the other business in the same geographical market place?
Who was using the proper name first?
Who registered the trademark first?

Your answers to these questions will help you lot determine if sharing your business name with some other company will cause consumer defoliation and go an idea of who would win in a legal fight for the proper noun.

When You Tin utilize a Similar or Exact Name

Based on the test above, there are some scenarios in which using the same name as another business organization is generally permitted.

Y'all operate in a completely different industry than the other business organization in question.
You operate in an entirely different geographic market.
Your online presense and/or e-commerce volition non create consumer defoliation.

If you are unsure nigh whatsoever of these points, it is important to consult an chaser on the matter.

When You Cannot employ a Similar or Exact Name

If there is any potential for consumer confusion, you volition not be able to employ the aforementioned name as some other company. Using the same proper noun as another business volition typically not be acceptable when:

You sell different products or services but operate inside the same industry as some other visitor.
The name is in utilise past a major national brand, regardless of manufacture.
The other business registered for trademarks before yous did.

When information technology comes to trademarks, things can become complicated. There may be a situation in which y'all are the beginning to use your business concern name, but another company is the first to register their trademark with the country or federal government. In virtually cases, courts volition allow you lot to continue to use the name in your market but limit your business activities to your locality. The only exception is if you are able to evidence that the other company had knowledge of your business prior to registering its trademark. This is considered willful infringement and volition typically result in a cease and desist alphabetic character to the infringer and the possibility of civil or criminal penalties against them.

Overlapping Markets and Locations

In nearly cases, when two businesses with the same or similar names are operating in overlapping markets and locations, the conflict volition be handled through an administrative proceeding with the US Patent and Trademark Office or with a lawsuit brought by one of the owners. These cases can become costly for businesses, so finding a way to settle the matter out of court is beneficial.

Get-go with a Simple Search

When choosing a proper noun for your business, the outset thing you should exercise is simply type your desired name into a search engine. This is a quick and easy mode to meet if anyone is using the same name or something like, and what that business organization does. Once yous've completed this stride, there are a few other resource bachelor to locate whatsoever businesses already using the name you've selected.

Check the fictitious proper name database. This is a listing kept by your state or county regime that records all fictitious business organisation names, also known equally "Doing Concern Every bit" (DBA) names, in use in their jurisdiction. Many small-scale businesses will register a DBA before registering a trademark or fifty-fifty using the proper name for their business.
Bank check your state's concern filing office. This function will have a list of all registered business concern entities in your country such as corporations, LLCs, or express partnerships.
Check domain names. Another good manner to decide if your business organisation name is bachelor is to run across if the applicable domain name has been taken. Domain name searches are bachelor through most domain registries and web hosting services.

Do a Trademark Search

One time you've completed this preliminary research, information technology'southward time to conduct a trademark search. While a business is not required to annals its trademarks to claim them, those who practice are ofttimes afforded more protection than those operating with unregistered trademarks. If the proper name y'all'd similar to use has already been registered as a trademark in another state, this can add a layer of chance to using the name for your business concern.

The Us Patent and Trademark Office maintains a searchable database called the Trademark Electronic Search System (TESS). This database contains every trademark registered with their bureau. Checking the database will aid avert whatsoever willful infringement claims in the future as well. You should also consult the country trademark databases in whatsoever states where yous plan to do business concern.

Annals Your Company Name

If afterwards all this you observe that your business proper name is not in use by some other business in your state or your manufacture and has not been registered as a trademark past anyone else, you may consider registering this trademark yourself in your state and with the US Patent and Trademark Office. While not required, this volition provide you with an added layer of protection if your claim to the trademark is ever challenged.

Consult with a Trademark Attorney

Trademark police force is complicated, so it is ever a good idea to consult with a trademark attorney if y'all have any questions or concerns regarding your business organisation proper noun. An attorney will be able to conduct more thorough research and offer expert communication on whether y'all should use a given concern proper name and if and when you lot should register a trademark. Trademark attorneys will too ensure proper compliance with all legal requirements and deadlines throughout the trademark process. You can find an chaser by searching the American Bar Clan or your local and country bar association for a trademark attorney all-time suited for you.