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

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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


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

Answered 10 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: Attorneys@CaliforniaBusinessDevelopment.com







            No communication resulting herein shall create an attorney-client relationship unless a separate retainer agreement is signed by attorney and client. The information provided neither is  legal advice nor is it conveyed in the course of an attorney-client relationship, but is intended merely as a general overview with regard to the subject matter covered. You should not act upon this information without seeking professional counsel such as any attorney in this office in a subsequent email communication (agreement) and the formation of an attorney client relationship.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption