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    4 Replies Latest reply on Jul 18, 2010 4:20 PM by okstatefan594

    What happens if Inc registration name exists?

    mark321 Newbie
      You know how everyone must protect their trademark. But what happens when your name has been registered and incorporated?

      I run a small design business and haven't incorporated (yet). Was planning to do it at the appropriate time.

      I was searching the California SoS website and found that the exact same name has been recently incorporated by someone else!

      So what happens to me when the time comes for me to incorporate?

      I think duplicate registrations are not allowed.

      Would I have to file as MY COMPANY #2 or something like that.

      Can't seem to find any answer on this. Anyone know? Thanks in advance!
        • Re: What happens if Inc registration name exists?
          LUCKIEST Guide
          registration name exists

          Who r u?? Talk to YOUR lawyer
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            • Re: What happens if Inc registration name exists?
              mark321 Newbie
              If I had a lawyer I wouldn't come here and ask, now would I?
                • Re: What happens if Inc registration name exists?
                  LUCKIEST Guide
                  registration name exists

                  Everybody in business should have THEIR Accountant and their Lawyer.

                  Maybe even their insurance agent
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                  • Re: What happens if Inc registration name exists?
                    okstatefan594 Wayfarer

                    Cant give you a concrete answer however the state I am currently trying to get a business going in has the following guidelines:

                     


                    1. You cant use a name that is already in use

                     

                    2. You cant use a name that is very similar that could be confused as being the same or basing off of another companies name.

                     


                    They allow business owners to challenge other names if they feel one is to similar to theirs.

                     


                    Lets say you have

                     


                    Smith's Electrical Supply

                     

                    and

                     

                    Smith's Electric Supply

                     


                    Whoever got the name first can challenge the other name and their is a board that reviews these requests and determines what course of action to take including making the second owner choose a new name.

                     


                    Now the question lies within this

                     


                    Does the business have to be incorporated to claim the name?

                     


                    You should be able to call the Secretary of States office and get someone in the corporation division that will answer this for you without getting into legal issues right away.

                     


                    They may say that if you had tax numbers or some longstanding proof of your name then you could challenge the other owner to not have your name or they could tell you tough luck and to pick a new name. At either case simply calling yours

                     


                    Smiths Electric Supply 2 could be a problem in the future. But like I said I dont see any need for a lawyer just call the corporation division and ask them. Most likely this is a scenario that they have had before and should be able to get you a reasonable answer quickly. If they will allow you to challenge the new person since you had the name you may need a lawyer then but I would not advise you to take the other advice given of going straight to a lawyer. I dont know many new small business owners who have an attorney dedicated so soon simply due to costs. Good luck to you though.