2 companies with the same name.

Discussion in 'Business Operations' started by shovelracer, Jan 14, 2008.

  1. shovelracer

    shovelracer LawnSite Silver Member
    Posts: 2,009

    OK I have kinda a big problem. I am in the middle of LLCing my already existing company. The state of NJ only allows 1 company for each name. There is a company that has my exact name that has been around for 20 years. However their name isnt current with the state. So the state has taken my money and approved my name as an LLC. So now there will be 2 companies with exactly the same name. They are still in business and so am I. I have only been around as this company for 5 years. I only found this out right now while doing a web search on a bad feeling. Is this gonna be a problem. If this company realizes they arent legal and find out about me can they take their name back since they had it first? Can I make them change theirs? What about the state already taking my money and approving my name? This really stinks and any advice would be good. Thanks

    DUSTYCEDAR LawnSite Fanatic
    from PA
    Posts: 5,137

    u paid u play now have at it and make some money

    SOUTHERNGREENSCAPES LawnSite Senior Member
    Posts: 763

    I think dusty is on to something. if you let your name expire, i believe it would be fair game. if they want it back bad enough, they may pay you for it. Other wise all they have to do is change it a little. I don't know much about this, but you may want to check with the state and see what they say.

    good thread though, i am going to see when i have to renew mine...
  4. LawnTamer

    LawnTamer LawnSite Gold Member
    Posts: 3,988

    Laws may vary from state to state, I don't know, but here, if you let your name expire, it is fair game. The state isn't very diligent about checking if there are any differences, for example, you can have an Evergreen Yard Care, Evergreen Lawn Care and an Evergreen Lawn and Landscape all doing business, even different spelling is often overlooked.
  5. coyoteman

    coyoteman LawnSite Member
    Posts: 89

    You might want to check too see if they have the name trademarked. If so it is best you change your name. If not you should apply for the trademark before they do.
  6. shovelracer

    shovelracer LawnSite Silver Member
    Posts: 2,009

    Doesnt look like from what I can see. Based on everything I found so far this is good sized company that does nice work in a large area. It appears however to be run by one guy who must be at the very least 40yrs. They dont appear to have trademarks, even a copyright on their site, and apparently even proper registration. Maybe the 70's wasnt so kind to the owner. Any ways the names are exactly the same, every space and letter so I hope the state didnt mess up. Lastly if it turns out that I can have full control of the name do I, keep it and run with it, call them and let them know it is for sale, send them a sieze and desist letter?
  7. shovelracer

    shovelracer LawnSite Silver Member
    Posts: 2,009

    It gets even better, they never got their contractors license either.
  8. Tvov

    Tvov LawnSite Bronze Member
    from CT
    Posts: 1,157

    I really wouldn't worry about it. You are all legal, he probably just doesn't care. Unless you end up working in the same area, or run into paperwork filing problems, just do your thing. From what you describe, if any problems crop up he will have the burden of straightening them out, not you.
  9. bigclawnman

    bigclawnman LawnSite Member
    Posts: 121

    In the state of Virginia, It might be the same in other states as well, you have to apply to the states corporation commision to register your name. The meaning of this is to avoid what your going through. They might be the same name, but not be registered with the corporation board. They might be very well legal, just have not had the need to apply for a LLC. Now if they apply for an LLC then they would have to change there name.
  10. shovelracer

    shovelracer LawnSite Silver Member
    Posts: 2,009

    Based on what we can tell they are calling themselves LLC, but actually arent registered as such. Maybe the laws were different many years back and they never caught on. Either way Im gonna keep going, just trying to avoid dropping a bunch of money to cause a problem. Also I currently have the name reserved. This gives me temporary ownership of the name for 120 days then it becomes available if I dont use it. I have paid for the check and I came out clean. Thought I was good till I came across the companies web site. Thats how this all started.

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