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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.