If I file the name of a business entity with the Secretary of States Office, can anyone else use my business name?
The filing of a business name with the Secretary of State does not, in and of itself, provide an exclusive right to use the name. Some businesses choose not to incorporate, therefore the Secretary of State would have no control over the names that these businesses decide to use. The Secretary of States Office will not allow an entity to incorporate or organize with a name that is identical to a name that the office already has in its database. Additionally, the Secretary of State only acts as a filing office, therefore it is unable to mediate disputes involving names. The question of who owns a business name is a very difficult question that must be settled in a civil setting, often with the assistance of counsel. Individuals who wish to trademark a business name should contact the Trademarks Division of the Secretary of States Office.
Related Questions
- If I file the name of a business entity with the Secretary of States Office, can anyone else use my business name?
- Does the Office of the Secretary of State provide forms for amending or dissolving a business entity?
- How can I obtain a copy of a business entity record on file with the Secretary of State?
