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LLC name legal question

Discussion in 'Business Operations' started by eruuska, Oct 13, 2004.

  1. eruuska

    eruuska LawnSite Senior Member
    Messages: 454

    Quick question regarding business names:

    Let's say that I've decided on (hypothetically only) "Apple Dumpling Outdoor Services". There is also a company in my state (about 100 miles away) called "Apple Dumpling". When I apply for my LLC, is the name going to be refused? or is specifying the "Outdoor Services" portion of the name significant enough to differentiate between the two entities?

    Haven't a clue how this works, but I have tentatively decided on a name (NOT Apple Dumpling, btw :p ) and there is indeed a company with the same name, albeit without "Outdoor Services" attached to it.

    Anyone? Anyone?

  2. tonygreek

    tonygreek LawnSite Gold Member
    Messages: 3,867

    I would hazard a guess and say you are okay, but you might want to call your state's secretary of state and verify it's use before submitting the paperwork.

    I assume you've been using the web to search the site already, but if not, yahoo or google Indiana AND Secretary of State to get the site.

    Good luck.

    Dayton, Ohio
  3. Team Gopher

    Team Gopher LawnSite Platinum Member
    from -
    Messages: 4,040

    Hi eruuska,

    Here is a quote from a different state's website but it may help you consider this.

    "40‑2‑102. Registrability.

    (a) A trade name shall not be registered if it:

    (i) Is the same as, or deceptively similar to, a trademark or service mark registered in this state, or is not distinguishable from the names of other business entities as required by W.S. 17‑16‑401;"
  4. ReckordGeneralMaintenance

    ReckordGeneralMaintenance LawnSite Member
    Messages: 37

    you just have to call your state licensing and check the trade name you want to use to see if its registered

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