If we are an Australian LLC that wishes to sell products on Amazon USA, is it OK to use the word “Company” in our name since we will not be creating a US-based LLC?

We have created a brand name, say “Clever Name Company” which will sell products in the arts and crafts sector.

Asked on July 7, 2014 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A business may operate under any name that it chooses, as long as the name is not deceitful. The term "company" does not have a specific legal meaning in the United States (the way "Inc." for corporations and "LLC" do)--that is, there is no specific legal definition you'd be infringing. AND in any event, if you are an LLC (even an Australian one), there is nothing deceitful about a name which implies a business entity (rather than, say, sole proprietorship). Putting those facts together, you can use the term "company" in your name.


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