How to Choose a Business Name That Already Exists in Another State
Not only can the right business name draw in potential customers, but it can also provide a uniqueness that would otherwise be lost. However, it is also important to note the many ways an already-existing business name can be used to create just as much interest and visibility for the business. Learn how you can choose a business name that already exists in another state, while making little adjustments that make it all your own.
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Instructions
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Perform a business name search. When searching for a name that may be registered in another state, the law requires you to perform a business name search using the State Department business name registry database.
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Determine if the name is considered generic or unique. By law you must determine how the name is registered with the State Department and ask if the name is considered generic in nature. A name like "Wal-Mart" or "Harpo" is unique and would not be considered generic.
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Check how the business is registered. To verify how the name is registered, you want to check if the business name is registered as a sole proprietorship, LLC or corporation. The type of business will determine if any restrictions will apply, which vary by state.
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Choose the name but make adjustments to the name so that you can link it more appropriately to the location of the business, the state where the business will operate, the type of business or the owner's name.
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Make a clear separation between the old and the new. When choosing a name that already exists, you can legally use a universal name like "ABC Florist" as long as you change any direct associations between the business and a sole proprietor or owner already attached to a different business in another state. For example, you could not name the business, "Maggy K. Smith Florist" if that name already exists in another state. However, you could name it "DEF Florist."
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Incorporate the location of the business into the name. By law you can use an already-registered business name if you make adjustments such as adding a location or street name. For example, you could change the registered name "Downtown Bakery" to "Pete's Downtown Bakery on Loury Street."
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Tips & Warnings
When in doubt, contact the State Department.
Never choose a busines name without first doing a business name search.
