New Business name?

Question

I have decided on my new business name, but I know that there are other companies with the same intials. Can I use a name that some other company has, but my intials do not stand for the same words. Example: ABC Solutions, another company ABC Solutions. It happens that those are my intials to my name, and their stand for 'always busy completing'.
Are business name locked into the state that you operate from or could five companies in different states has the same name? This is not a franchise, I am the only person that will be involved with the ownership.

Answer 1

Determining if marks infringe can be tricky and each situation varies from another.

The general rules to keep in mind are:

1) Are the names similar in Sound, Appearance or Meaning?

2) Are the industries the same or similar to one another?

3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?

4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?

Here's what the USPTO has to say about this matter:

"The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:

the similarity of the marks; and
the commercial relationship between the goods and/or services listed in the application.

To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related."

It's best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not.

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

Answer 2

To register your name with the state, it must not be "deceptively similar" to that of another business registered in that state. The fact that ABC in your name stands for "always busy competing" has no legal value if your name is too similar to that of another firm.

It gets more complex. If you are in a tri-state area, for example, and your name is identical (or deceptively similar) to a business just across the state line, you could be liable for monetary damages.

Unless your business will stay small, and be limited to just one small geographic area, picking the name can be the most important decision you will every make.

Most states have a web site with a list of registered names within that state. They can be found under the office of the Secretary of State for each individual state.

You can find a list of registered trade marks -- names which you will certainly want to avoid, at www.uspto.gov. This is the web site for the US Trademark Office.

Good luck.

Answer 3

The naming of your business enterprise must be between the main mandatory judgements you will make. a recognition's originality and criminal availability will create a real asset fee of its very own, as that is going to become marketed and beneficial factors marketplace recognition. The call you elect will grow to be the focal element of all the advantages and good factors that relate on your product or business enterprise. clientele would be waiting to discover and refer others to it interior the destiny. because of the fact that any names that are stated right here could already be owned by using yet another celebration, i had to pass a distinctive course... I advise the two hiring a recognition introduction enterprise or celebration including your friends and/or relatives and throw a "call celebration" & have all of us bounce some innovations around. collect a itemizing of names which you like the terrific. as quickly as you have that checklist, do as lots loose study as you could in the previous you delve into finished study. I listed some hyperlinks the place you're able to do some preliminary call checking. whether, please word that that's in basic terms scratching the exterior of what's accessible. basically finished study will inform you if the call is surely obtainable. yet, those hyperlinks are loose & a super place to start, so i might attempt them out first. There are different websites that grant loose looking purposes alongside side their commercial centers, so i'm not waiting to submit those hyperlinks because of the Yahoo! TOS. you will additionally prefer to envision domain names & telephone e book, so purely do a seek for "loose area call seek" and "national yellowpages" and the ideal hyperlinks will pop up. wish that helps! I choose you lots fulfillment & happiness in all your ventures!

Answer 4

You can't have the same name as another business if you are in the same state. Even if the initials don't mean the same thing. If you add one more word to it you can. .maybe take the s off the end of solutions..

Answer 5

important thing is how are your potential customers going to recognise you? Have a unique name.