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incorporating


Guest keepitcool

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Guest keepitcool

does anyone know the laws w/ being incorporated and having another shop in a city 40 miles away w/ the same name? I was under the impression that if I incorporated, that would make my business name usable by me and me only. am I right on this? does anyone know where to refer me to find out. I know I could call a lawyer but he might want a consultation fee.

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You can't stop anyone from using the same name unless you trademark it. The business 40 miles away in the next town can use the same name as you if he wants, you might have a case if he were in the same town. The Inc. prevents him from incorporating under the same name as you. Other than that it's a free for all...

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Guest willie
You can't stop anyone from using the same name unless you trademark it. The business 40 miles away in the next town can use the same name as you if he wants, you might have a case if he were in the same town. The Inc. prevents him from incorporating under the same name as you. Other than that it's a free for all...

:eyebrows Depends on the state. In TX if you have a corporation and a good attorney when they file the paper work it also files assumed name certificates in the counties you want protected. Therefore the person in the next town or county or all the county's you have protected cannot use that name :eyebrows

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In addition to checking with local/state sources (NE Secretary of State), you could look around on sites like Legal Zoom and Corporate.com for info applicable to your state.

Some of it could probably even depend on if your state requires you to register a fictitious name for any business (even sole proprietorship) if the name is anything other than your own legal name. Then I'm not sure if one could be "Business Name" and the other "Business Name, Inc."

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