Ifthe name that we want to use for ourbusiness is already being used in another state, can we still use it?

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Ifthe name that we want to use for ourbusiness is already being used in another state, can we still use it?

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?

Asked on January 19, 2012 under Business Law, Idaho

Answers:

Shawn Jackson / The Jackson Law Firm, P.C.

Answered 9 years ago | Contributor

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: [email protected]

www.CaliforniaBusinessDevelopmentAttorneys.com

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