Legal information about a Business name...

[MemoryMakers2669]

I am starting my own business and need to come up with a name for it. Everyone I think of, I google it and sure enough there a a few of them out there already.

The one I REALLY want, there are two of that I see. They are both in the US, but nowhere near where I live.

They seem to have the same name as well, but don't look connected in anyway.

Does anyone know how that works, "owning" a business name? Can I still use it, but just add one small thing to it, to make it unique enough to be legal?

If that made any sense and you have any information or even links about how I can find out if I can legally use a business name, I would appreciate it.

 

[Buckalew11]

I own my own business and never even thought of this. Scary thought 12 years into the whole thing...

 

[MemoryMakers2669]

Have you looked it up Brenda, to see if there are other business' out there with that same name?

 

[Imzadi]

As I recall, here in NYC, registering my business name was only for this particular "area." Not sure how far that area included. But this way, no one else in the immediate "area" could register it too & be confused with my business. It didn't mean I was registering the name NATIONALLY or trademarking the name, like Coca-Cola. A trademarked name (which no one else can use internationally) has the small TM symbol after the name.

You should call up the office where you have to register your business name to see what it involves in your "area".

I'm not sure what the regulations are for the internet. I know that Kelsey Grammer (Frazier) does not own the domain name to his own name. Someone else bought it first & then tried to sell it to him for mega bucks. Leonardo DiCaprio too. Most celebs who did not register their names first had this happen. Madonna trademarked & copyrighted her name, image & products, so people who were making copycat trashy clothing, back in the '90's, couldn't call it "Madonna wear" and profit off her name & image, or confuse it with something she was selling.

The Versace family successfully sued some guy recently who (not related) but also really named Versace, was trying to sell his own clothing, labeling them as "Versace." Obviously Versace is trademarked in reference to clothing & accessories. Someone could own a restaurant named "Versace" since it wouldn't be confused with the clothing designer family.

 

[safetymom]

I am sure your state has a business department that handles all this. When I lived in PA and registered my business name there were regulations I had to follow. It meant that no one could do business in my state that had the same name.

 

[Cool-Beans]

When you apply for your government licenses and EIN and all that crap, they will tell you if someone else has the same name.

I do know that the lawyer and accountant had a FIT when I put a different name on the letterhead and envelopes. The accountand looked like a cartoon character, getting all red! It seems once you pick a name, you have to stick with it forEVER.

Pick a name you really like, or you'll have to go through all the paperwork AGAIN!