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Same Business Name Already Exists

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ZDEMAF

Guest
I live in New York City, and would like to take my hobby to the next level into a full fledged business. However, the business name that I had in the back of my mind from about six years ago is already being used in the EXACT KIND OF BUSINESS, but in a different state. They even have a website of the same name. Does this mean that I cannot use the identical name in my state? What alternatives are there for me to use the name, or something similar? I have had my heart set on this name, and this discovery really puts a damper on my plans.
 


D

drdiesel

Guest
Re: I FIGURED IT OUT

Could you maybe post that answer so that if someone searches the forums for the same problem they find this thread and get a solution?

Thanks
 
Z

ZDEMAF

Guest
Well I tried to research this answer by myself as I did not see any replies forthcoming, and I really needed to to know. Anyway, I accept your point Guru, so here is what I found:

While the company with the same name that I had in mind exists in another state, I also did a simple 'Superpages' search with that name, and discovered that there were at least ten(10) others also with that same name also in several other states!! So, I concluded that it is OK to use it as well in my state. I did a search of business names in my state's Dept. of State website, and there is no other company with that name registered. I can reserve that name for 60 days while I decide on how I'll incorporate, so that's what I'm doing now, until I actually proceed with incorporation.

Does anyone see any holes in my thought process?
 

JETX

Senior Member
You probably won't have too much trouble from any of the others UNTIL you try to branch outside of your little 'fiefdom'. Like maybe going on the internet. Then, you can count on getting a cease and desist letter from one of them.

And you better hope it isn't from one with deep pockets or the real committment to protect THEIR name.
 
Z

ZDEMAF

Guest
Actually, I tried to further confirm the validity of my conclusions and found the following:

A business may incorporate in their own state, and there is no national business incorporation. If a business wishes to trademark its name, it may apply for a federal trademark to protect its name, but only if its intention is to handle interstate business over two or more states. Even then, trademarks are not handed out to be sat on, so a business needs to prove that the trademark is needed on a national level.

Other businesses are content to operate within their own geographic area- hence the reason why I found so many others with the EXACT NAME in several other states. They may apply for a their own state-issued trademark to protect their name.

I am simply content within my own geographic area, and have no plans to expand beyond my own area (fiefdom!). It's just that I had this name in mind for some years now. It so happens that a search in New York State's database revealed no name like it currently registered. I've applied to reserve that name, and shall move to incorporate when I work out my logistics.

Thanks for the heads up JETX.
 

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