If the name that we want to use for our business is already being used in another state, can we still use it?
Question Details:
We plan on starting a new business, however, the business name we would like to use is currently being used by a small business in another state. We plan on having a website and would probably be selling items into that state. The items we will be selling should not be competing with the items of the other company, is this likely to be a problem? Also, we would like to copyright the name with an artistic drawing, would that likely be a problem?
Well, you have a number of issues and some considerations to contemplate. Although you may be able, for the moment, to use the same name because you are in a different State jurisdiction, you run several risks, not the least of which is future trademark and other intellectual property issues. As a general rule, you want a minimum of five "company protection facilitators" to allow for relatively uniterrupted growth for your company...to learn more, send us an email. By Grace... Shawn Jackson ESQ. (707) 584-4529 Business Development Attorney EMAIL: Attorneys@CaliforniaBusinessDevelopment.com www.CaliforniaBusinessDevelopmentAttorneys.com www.CaliforniaBusinessDevelopmentCenter.com www.CaliforniaBusinessDevelopmentPlans.com www.CaliforniaBusinessDevelopmentIncubator.com No communication resulting herein shall create an attorney-client relationship unless a separate retainer agreement is signed by attorney and client. The information provided neither is legal advice nor is it conveyed in the course of an attorney-client relationship, but is intended merely as a general overview with regard to the subject matter covered. You should not act upon this information without seeking professional counsel such as any attorney in this office in a subsequent email communication (agreement) and the formation of an attorney client relationship.
