The name of an LLC filed with the Florida Division of Corporations cannot be the same, or even too similar, to an existing LLC. All states require that trade names be distinguishable, but some states are stricter than others on what constitutes a “distinguishable name”. To check if a name is available in your area, use your state's name search tool. If the name is already in use, you'll need to choose another name.
If the name is available, it means it's available in your state (unless the name is protected by a federal trademark).Let's say you've searched for your name and discovered that someone else is using the name you want in another state. In those cases, you need to weigh your options; you may be able to use them. First of all, consider the identity of the company with the same name. If you're the owner of another small business, you might not mind using it, especially if you belong to different industries.
However, a larger brand may react differently (and have more legal recourse to assert its claims).Trademarks are where business names get a little more complicated. In general, a trademark is a design, slogan, or other visual or auditory display that a company has claimed as its own to represent its products. A service mark is a similar brand that represents the services of a company. In many cases, a brand is almost interchangeable with the brand's identity.
Sometimes, a legal name may be used within a trademark, especially when included in a logo. Whenever you choose a name, you should perform a USPTO trademark search in the federal database to ensure that you are not infringing on any protected trademark. Using a name that is not a registered trademark and is already registered in another state may be perfectly legal, but it will still have its drawbacks. If these negative aspects concern you, check out our guide on how to change the name of your LLC. If you have any aspirations to expand your business in the future, choosing a name that matches that of another business is already limiting your options. You won't be able to expand to a state where the other company has a presence.
Even if they only operate in one state right now, they could expand before you, further limiting your expansion. Choosing your own name reduces that risk. When someone searches for your business on Google, who will they find as the first search result? If there are several companies with your name in other states, they may not see your company first, if they see it at all. Naming laws require that you avoid confusing consumers. Establishing an online and social media presence is a big advantage for small businesses; it's a great way to promote yourself and engage with potential customers. However, the names on the Internet are completely on a first-come, first-served basis.
If another company is already using the domain name or social identifier you want, you're out of luck. A truly unique name reduces that risk. If you ask yourself: “Can my company name be similar to someone else's? The answer is yes. The most important factor in business name disputes that are examined in court cases is customer confusion. This boils down to the geographical location and the sector. A fictitious name is just a presentation to indicate that you are trading under that name.
You don't have any domain over the name, as you might with a corporation name or a trademark name. This also means that there may be other people with the same name, so it's worth checking if you've created a duplicate of another company in your area. It's also up to you to do everything you can to ensure that you don't use a registered or copyrighted name. Therefore, intention-to-use requests are an important part of crafting a viable business plan and protecting your interests during the process. A fictitious name, DBA (Doing Business As) or business name is filed with the Division of Corporations if you are going to operate under a name other than that of your corporation, LLC, company or person. There are several factors to consider if your company and another company use similar business names. Clearly, there is a possibility of confusion among consumers as the names are similar and the companies operate in the same market. Since the first person to use the company name is the one who chooses it, trademark registration would be an accurate database on who owns each brand.
Under common law, identical names generally don't cause problems if the two companies in question are not business competitors. If they are not available, it may mean that the name is being used by another person or company. If you submit an intention-to-use request and someone starts using the same or similar trade name before your release date, your rights are protected. Another good way to protect your company name is to buy the domain associated with it and reserve usernames on social networks. It's important to remember that LLCs and corporations must include their business entity as part of their legal business names. The same applies if you are a sole proprietor and plan to do business with a different name than your first and last names. If your business is online and someone else has already taken up all related domain names and social media usernames associated with it - then it's time for some creativity!In conclusion: when choosing an LLC or corporation's trade or fictitious business names - make sure it's unique! Do thorough research before settling on one - including checking for trademarks and existing businesses with similar names - so as not to infringe upon anyone else's rights.
