If I have a business name that is similar to another business and we do the same work, should I change my business’s name?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have a business name that is similar to another business and we do the same work, should I change my business’s name?
I started my business 2 months after they started theirs. Our names are similar (though not exactly the same but very close) and we do the same specialized work. I have spent a lot of money on a logo, advertising and a website and they have not (have no clue if that matters). They have asked me to change my name. Should I?
Asked on January 27, 2012 under Business Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Before you decide to change your business name or not after you have spent a considerable amount of time and money in your endeavor, I suggest that you consult with a business attorney about the situation you are writing about.
You do not want confusion with the public between your business and the competitor's with the general public. You should look into registering your name with your state's secretary of state as a service mark/name. You will need to make an application for such. If you get the service mark and name, you have the use of the name in the state with the exception of common law issues as to a specific geographic area where your competitor may be using it. You might be able to get him or her to change the name of their operations if you get ownership of the name you are using.
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.