Corporate name in all caps vs. upper/lower case

[Heartstone]

I'm filing for an S corp in New York State. I was told by an attorney that my company name wasn't available in upper/lower case, but the same name could be registered in all caps. That seems strange; can two companies have the same name if one is in all caps and one is in upper/lowercase?

 

[adjusterjack]

well, you might be able to "register" it but the minute you tried to operate with the name you'd be sued back into the stone age.

Think about it:

Coca Cola vs COCA COLA
Home Depot vs HOME DEPOT
Microsoft vs MICROSOFT
Joe's Diner vs JOE'S DINER

Does that really make sense to you?

 

[quincy]

I'm filing for an S corp in New York State. I was told by an attorney that my company name wasn't available in upper/lower case, but the same name could be registered in all caps. That seems strange; can two companies have the same name if one is in all caps and one is in upper/lowercase?

I agree with adjusterjack. If a company has trademark protection for a lowercase name, the protection extends to the uppercase version of the name.

I recommend that you choose for your corporation a name that no one else has - one that is unique to you alone. You will want to check the USPTO database, your state database and do an online search, or hire a search firm, to best ensure you are not infringing on anyone else's trademark rights.

I also suggest you speak to an attorney for advice and direction in forming your S Corp - and it should be an attorney different than the one you spoke to previously.