Could there be legal issues with having the same company name?

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Could there be legal issues with having the same company name?

I am in the process of forming a lawncare/snow removal company for my local city. Our business model is unique to our industry and we have decided on a name. Everything thus far has been completely organic. The name itself has no infringements on any active trademarks or copyrights. However, we recently found another business in a different state that operates under the same name and provides similar services. Could this be a potential problem

for the formation of our LLC?

Asked on March 26, 2016 under Business Law, South Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

LLCs--and, for that matter, corporations--are registered at the individual state level, so a name registered in one state does not interfere with registering that name in another state. So long as you are not infringing on intellectual property (e.g. violating a trademark) or are providing not just similar services, but similar services to the same market or group of potential customers (i.e. you and they market to, and could be hired by, the same customers), there should be no problem.


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