# Having the Same Corporate name as another Corp. in a Different State??



## bob the builder (Oct 6, 2005)

Mike Finley said:


> I wouldn't recommend hamstringing yourself by using a business name that isn't descriptive. Why make somebody have to guess what you do for a living if you have the ability avoid it.
> 
> For a guy who wants to make money cleaning drains -
> "Big Tom's Drain Cleaning" sure as hell beats "The Acme Group".



My favorite by far is Mowtown


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## Mike Finley (Apr 28, 2004)

kdub1777 said:


> I have been using a trade name for my business for a little while, now and want to incorporate it. I want to take my business to the next level and also gain a little protection from a corporation. I should have done this by now but I haven't. :whistling I have found that there is another company that would have the same corporation name in another state. Is it okay for me to incorporate in my state with the same business name? Are there any laws against it? I do not want to change the name because it is already recognized in the community.
> 
> Thank you


Well, so far I have spoke with 3 different patent and trademark attorneys in regard to my situation. Mine is a bit different then yours, I'm looking at what is called a service mark, I'm looking at protecting a slogan I use in advertisements so it's a bit different then your question.

What I have found out is there is a state level protection and a national level protection. Depending on who I talk to I get different answers. Some say just do the state level protection others say do the national level protection, others say you can't do the national level protection unless you do business nationally, others say you can do it if you have a website since that is a national advertisement. (Love those attorneys - their best defense - "I'm not telling you the right answer, but I'm not telling you the wrong one either!"

On a service mark issue, they all say if you register it with your state you are protected on a state level, if say a year from now the other company tries to enter your state to do business you are protected (here is where it varies depending on who you talk to) One lawyer says you are protected through out the state, another says you would be able to continue to do business in any location you have established your identity already, but would not be able to expand into other areas of the state.

Regardless of all this, I am on my way today to register my service mark myself with my secretary of state to at least establish that. Then I will carry on the research and figure out what to do next, if I will continue on to register it national or not.


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## kdub1777 (Apr 8, 2006)

Great info Mike. I appreciate you taking the time to let us know what is going on with that. Is there a larger cost for the national level protection? What about paperwork and the time factor? Is there a different process? And yes, you have to love those attorneys. Either way, I wish you the best of luck with it.

I have decided on another name I think for my business. I think I will trademark the name as well. You never know when you might get big and important enough for a trademark to matter. You can always hope.


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