# Business Name



## SGK (Apr 23, 2014)

This is more of a legal question, but I was wondering if anyone here can answer this for me.

I am in the process of starting up a photography business. I came up with what I thought was a great name, but a Google search came up with several photography outfits using the same name or something very similar.

I clicked on their respective sites and came up with a Facebook page with one picture and not updated sine 2009 and no location information and a wedding photographer in California and whose site does not appear to have been updated since 2012. Then there were a couple that had very similar names; a property photographer in Hawaii and a portrait photographer in Las Vegas.

A Google search on business name use, a couple of sites told me to check with the county clerk's office and the Secretary of State in my state (NC) for registered names.

So if a business (especially a local one) with the same name is in a different state, can I still use the name I came up with?


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## Braineack (Apr 23, 2014)

If someone registered SGK as a username on a different web forum, how could you register it here on TPF?


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## sk66 (Apr 23, 2014)

This can be a little funky in the U.S.A..
A business name is proprietary and can fall under trademark law. In fact, the first user/creator owns trademark of the name, all they have to do is claim it. This is irrespective of registration of the name as either a business name or trademark.

Trademark is similar to copyright in that it exists (if qualifying) upon creation but cannot be pursued legally without first formally registering.


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## ronlane (Apr 23, 2014)

<<is not a lawyer and doesn't play one on TV. Any legal advice that you would receive on a forum would be marginally better than what you think yourself.

My suggestion would be to consult a lawyer in your area. A little bit of money spent up front could save a LOT of expense and headache down the road. Doing this type of research and prep BEFORE you jump in is commendable.


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## KmH (Apr 23, 2014)

One of the things cities, counties, and states do when you register your business with them is check that 2 businesses _in their city, county, state_ are not using the same name.

On a larger geographical scale 2 businesses using the same name is not as critical, however as mentioned above, there could be trademark issues if the other business were to become aware of your business..
Visit United States Patent and Trademark Office for more information.

Of more concern would be if the other business(s) have registered the business Intenet domain name.

An online photography forum is not a good place to be seeking legal advice. Consult with a qualified attorney.


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