glowworm Posted September 21, 2012 Share Posted September 21, 2012 I have been recently debating on changing my business name. I have a questions though regarding the laws in terms of same or like name companies. I made a list of possible ones that I liked but when I went into google to check if they were already taken almost every one had at least 2 or 3 with the identical name or just off by an "s".I was under the impression that it was illegal to use a name that is already being used by someone else. The only thing I could think of when looking at these was that they all were in different states...so does that make the ultimate difference?TIA Quote Link to comment Share on other sites More sharing options...
bells4shells Posted September 21, 2012 Share Posted September 21, 2012 I think a good way to look at coming up with a business name is as something you can trademark. You want something unique and ultimately, something that won't be confused with another company by a consumer. The following link might help you understand the ins and outs of trademarking a business name.http://www.citmedialaw.org/legal-guide/trademark-law-and-naming-your-businessHaving the same business name as another person isn't necessarily illegal. But, there are certainly lots of grey areas that could bring legal action against you. If in doubt, try a variation in spelling or skip the name completely. Quote Link to comment Share on other sites More sharing options...
funkymonkey66 Posted September 21, 2012 Share Posted September 21, 2012 You have to be careful, it's best to just go with something totally different and save yourself the hassle. Quote Link to comment Share on other sites More sharing options...
TallTayl Posted September 21, 2012 Share Posted September 21, 2012 Where the business is located has nothing to do with if it's a good idea to make your name similar or not. Cease and Desist orders can and do cross state lines. Companies that pay attention to their trademarks make is quite expensive to defend yourself against infringement. Likewise, you don't want customers confused as they search for what they think your name is and coming up with some other business. Dig a little deeper and come up with something totally YOU that's not already remotely spoken for. Then trademark and defend it. Quote Link to comment Share on other sites More sharing options...
glowworm Posted September 21, 2012 Author Share Posted September 21, 2012 Thanks for the link and the advice. I agree that having a name that is uniquely mine is what I want and that's why I was checking to see if they were already being used. I don't want to get confused with someone else but more importantly I definitely don't want to have to deal with any legal issues that could come about by doing this. I was just mainly curious to see how and why others are getting away with this. Quote Link to comment Share on other sites More sharing options...
funkymonkey66 Posted September 21, 2012 Share Posted September 21, 2012 It probably didn't catch up with them yet but with the internet being such a grey area who knows. Quote Link to comment Share on other sites More sharing options...
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