i have a ficticious name file w/ state of Florida can a corporation form here with my business name?

Answer 1

As others have already stated, yes absolutely. Agencies within one state do not "speak" to one another and they most definitely do not talk across state lines, meaning someone could file for the exact same name in Georgia.

To protect a business name within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

I listed some links where you can do some preliminary name checking. However, please be aware that this is merely scratching the surface of what's out there. Only comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so I'd try them out first.

There are other sites that offer free searching capabilities in conjunction with their commercial services, so I'm not able to post those links due to the Yahoo! TOS. You'll also want to check domain names & yellow pages, so simply do a search for "free domain name search" and "national yellowpages" and the appropriate links will pop up.

To register a trademark, contact either your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

I know of no state that limits the use of corporation or LLC names based on doing-business names filed with a county clerk or other authority. Many small firms if they can afford it, and most large firms, incorporate even if they don't plan to use the corporation or in other states where they do not do business, for the sole purpose of pre-empting the use of that name.

The best way to protect your name from usage elsewhere, including by a newly-formed corporation anywhere in the USA, is to register it as a trademark. This will protect it in any sphere of business where that mark or name has been active. An intellectual property lawyer or a trademark registration firm can do this, or with a bit of research you can do it yourself. The US Patent Office Web site is linked below. All countries have similar arrangements.

I've added some links below that may be of use to you. Besides the PTO there is the Florida Dept. of State site, where you can download forms for incorporating or setting up a LLC and for the annual report.

(Many states require annual reports of corporations and LLCs either franchised (set up) or registered to do business there; in addition all states have income or franchise tax requirements. The default system for federal tax is to treat LLCs (and subchapter S corporations) as pass-through entities; the first would be filed either on your Form 1040 Sched. C or on a partnership return; the second on Form 1120-S).

The next two links are to commercial sites that will set up a corp. or a LLC for you for a fee. You might find some useful information there.

The last items is a site that explains fictitious business names. In general registering a name in one county does not protect you against somebody else using that name in another county, although you will have common-law protections against a later-adopted similar or the same name that causes deception or confusion.

Answer 3

Yes, Yes, and Yes.

Fictitious names can't protect you one bit. Every other county in your state can register under your fictitious name.

For example, if the name was "Acme Products", the county next to yours can also register under that very same name.

And of course, a corporation can use any fictitous name registered in the state, unless the name is either Trademarked or already registered as a Corporation.