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15 Replies Last post: Jan 6, 2008 3:09 PM by DomainDiva

Can I use a business name of another Company if it is not same state

Jan 5, 2008 5:13 PM

Click to view RSJump's profile Start-up RSJump 2 posts since
Jan 5, 2008
I had a business name that I even registered with the county in California and did a search and nothing came up I also created an LLC and put in the filing DBA of the name I have been wanting to use and was approved and yesterday I found a business that does the same thing as I will do with the same name but they are in South Carolina and I am in California. Thanks for the help
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Click to view LUCKIEST's profile SCORE LUCKIEST 7,938 posts since
Aug 6, 2007
1. Re: Can I use a business name of another Company if it is not same state Jan 5, 2008 5:31 PM
RS, YES, you can use a business name of another Company if it is not same state.
The important item is to register the LLC with the I R S and get a FEDERAL I D Number.
You can register on line at " IRS.gov " What kind of business??
Do you have a Business and Marketing Plan?? How about an Accountant??
I am a Quickbooks consultant. LUCKIEST
Click to view DomainDiva's profile Mogul DomainDiva 1,732 posts since
Oct 10, 2007
2. Re: Can I use a business name of another Company if it is not same state Jan 5, 2008 5:58 PM
Maybe you can, but I bet that you are going to have some ugly issues later on. I am a registered Delaware C Corp, and if anyone was using my name in another state doing the same thing I was business wise...there would be some very serious discussions taking place. You may want to rethink this...it is at best not nice and nice does matter.
Click to view RSJump's profile Start-up RSJump 2 posts since
Jan 5, 2008
3. Re: Can I use a business name of another Company if it is not same state Jan 5, 2008 6:48 PM
in response to: DomainDiva
Thanks for the help. To be safe and avoid problems down the road can I officially register a variation of the same name for example if an existing business was named "Happy Hour" and it was a Bar and Grill could I legal start a business officially registered as "Happy Hour Bar and Grill" would that avoid problems later.
Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
4. Re: Can I use a business name of another Company if it is not same state Jan 5, 2008 9:04 PM
RSJump,

It is almost impossible to know if there is a similar business name in every other state in the United States.
If it is not registered in your state, then you can register it.

CC08
Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
5. Re: Can I use a business name of another Company if it is not same state Jan 6, 2008 1:28 AM

This situation actually comes up quite often. The basic question is whether the similarity in business names would create confusion in the minds of either business' customers. For Diva's business (an aircraft maintenance records management solution), it certainly would. For the neighborhood bar and grill example you gave, it probably wouldn't. When there is a doubt, one party or the other usually adds something generic to the name as you indicated just to differentiate the two.

Another question is whether or not a registered trade name or trademark is associated with that specific business name. In Diva's case, her product name is the same as the company name, and it is trademarked -- no one else in a similar or related business can trade under that name. So let's say the Happy Hour bar in SC created it's own line of drink mixers, and marketed them nationally (including in CA) under the Happy Hour brand name. That might make things more complicated for you, because they could then claim that your bar was trading on (and benefitting from) their brand identity. Conversely, if you were planning to franchise your Happy Hour bars across the country using that name, then having a similarly named company in the same business in SC is a situation you'd want to resolve now rather than later.

Hope this helps. Best wishes.
Click to view slavaret's profile Mogul slavaret 78 posts since
Oct 26, 2007
6. Re: Can I use a business name of another Company if it is not same state Jan 6, 2008 1:38 AM
in response to: DomainDiva
What can you do?
Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
7. Re: Can I use a business name of another Company if it is not same state Jan 6, 2008 1:40 AM
in response to: slavaret
There is nothing you really can do.
You can ask nicely for them to rethink their name, but if they blow you off it is what it is.

CC08
Click to view slavaret's profile Mogul slavaret 78 posts since
Oct 26, 2007
8. Re: Can I use a business name of another Company if it is not same state Jan 6, 2008 1:48 AM
in response to: CorpCons08
That's what I thought.

If there is no criminal intent to defraud you...

I suppose if you have online presense, you WOULD want to be different to make sure you don't get confused with somebody else and end up drumming up business/traffic for them.
Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
9. Re: Can I use a business name of another Company if it is not same state Jan 6, 2008 1:51 AM
in response to: slavaret
Exactly. It is beneficial for the new person to have a different name so they can (a) start a name for themselves (b) build up a reputation (c) avoid negative pablicity the other company may have, etc.

CC08
Click to view slavaret's profile Mogul slavaret 78 posts since
Oct 26, 2007
10. Re: Can I use a business name of another Company if it is not same state Jan 6, 2008 2:00 AM
in response to: CorpCons08
I read somewhere long ago that your business name plays a key role in the success of your business.

The more I think about it, the more I agree. A GOOD business name shows how much thought you put into it, your attitude towards your venture, your resourcefulness...
Click to view CorpCons08's profile Mogul CorpCons08 1,128 posts since
Nov 14, 2007
11. Re: Can I use a business name of another Company if it is not same state Jan 6, 2008 2:08 AM
in response to: slavaret
The best way to demonstrate this idea is with corporate branding. It is amazing that when somebody sees a double arch they automatically think of McDonalds, or the checkmark and they think of Nike. That is why a name and a brand is so important to businesses; people will associate that brand to their company every day. Now just think what would happen if that company has a bad name for itself (like DELL from another post) and another company decides to use that name. That company already is going to have a bad name for itself because of the history of the other.

CC08
Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
12. Re: Can I use a business name of another Company if it is not same state Jan 6, 2008 11:08 AM
in response to: CorpCons08

Since this thread has traveled beyond the original question anyway . . . there have been a number of studies about the most hated company/brand names in America. The rankings vary, but the names on the list are usually about the same:
1. McDonalds
2. Microsoft
3. Dell
4. Toyota
5. Intel
6. Sony
7. Nintendo
8. Honda
9. Motorola
10. Mercedes

Even so, I'm not sure any of these companies have a "bad" name. To me, a "bad" business name would be something like "Enron Investment Services" or "Hitler Health Care."
Click to view slavaret's profile Mogul slavaret 78 posts since
Oct 26, 2007
13. Re: Can I use a business name of another Company if it is not same state Jan 6, 2008 11:55 AM
in response to: Lighthouse24
I was thinking primarily about new business startups.

What turns me off is names that are trying to be too cute.

As an exercise, try to pick a name for a small business that you can brand. How about landscaping or home remodeling? Even if you come up with a good name, chances are, the DOMAIN is taken. That's why I see more and more 3-word names online.

Another thing is you can only anticipate so much. You may start with an original idea but business may take elsewhere. If your name is too specific - there soon will be mismatch, or it will be difficult to brand.

How about tag lines for small businesses?

Here's one of my favorites (from a septic tank sewer cleaning business):

We are #1 in the #2 business.
Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
14. Re: Can I use a business name of another Company if it is not same state Jan 6, 2008 12:20 PM
in response to: slavaret

LOL . . . Reminds me of the "Seinfeld" episode where Elaine is talking about all the "stupid" names used by ergonomic furniture stores.
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