Buy Business Name Online !!EXCLUSIVE!!
The answer is no. Mixups are possible. Like two businesses registering the same name at the state level. You can have the same name if you operate in another state. However, this can cause consent and trademark issues.
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Effective January 1, 2021, the names of corporations, limited liability companies and limited partnerships must be "distinguishable in the records" from an existing entity of the same type of record with the California Secretary of State and "may not be likely to mislead the public". Chapter 361, Statutes of 2020 (SB 522 Hertzberg).
When determining name availability, names are checked only against names of like entities registered with the California Secretary of State (e.g., a proposed corporation name is checked for availability only against other corporation names).
Determining the best way to register a business name will take into consideration several factors, such as the business structure, the geographical area in which the company will operate, and the extent of protection needed.
To illustrate the possibilities, we will explore the various options of a fictional business. In our example, Robert Hansen opens a residential home rental business after buying one house for this purpose. He begins by operating as a sole proprietorship and uses the name "Robert Hansen, Property Rentals" for the business. In time, Robert acquires more properties and decides he wants a new name for his business.
One option for Robert is to create a corporation or an LLC. To do so, he must file certain registration documents with the appropriate state agency. This requires the business to choose its legal name.
State laws prohibit a company from using a name that is already being used by another company. So, part of selecting a name involves checking the state's records to be sure another company is not already using the desired name.
Robert wants to use the name "Sunrise Properties" and determines that name is available. He might file articles of incorporation under the name "Sunrise Properties, Inc." Or, he might file articles of organization under the name "Sunrise Properties, LLC." This would prevent other companies from using the name "Sunrise Properties" in his state.
Creating a corporation or LLC only provides protection in the state of registration. If Robert decides to expand into another state, he may be able to register his corporation in the new state, providing the name is not already registered there.
This is often done with a county agency, but may be with a state agency in some states. This is called a fictitious name in some locations and is also commonly referred to as a "doing business as" or "dba" name.
Assumed name registration is not limited to sole proprietorships. Let's suppose Robert forms Sunrise Properties, Inc., and decides to start a yard maintenance business that uses a different name. In this case, Sunrise Properties, Inc., might register "Sunrise Lawn Services" as an assumed name. This would then be "Sunrise Properties, Inc., dba Sunrise Lawn Services."
Instead of forming a corporation or LLC, let's suppose Robert takes on Laura Deever as his partner. Their partnership might register "Sunrise Properties" as their assumed name. Or, for another example, they might combine their surnames and register "Han-Dee Properties."
Trademark, trade name, or service mark protection may be available on a statewide basis. The requirements for registration vary from state-to-state. Such registration must be done in each state where the business operates.
This provides nationwide protection of a business name. Federal trademark registration requires a search to be sure a similar name hasn't already been trademarked, and there are detailed requirements and limitations relating to the ability to trademark a business name.
Determining the best way, or ways, to protect your business name will take into account the way you decide to structure your company, the type of goods or services you offer, and the geographical range of your business operations.
Under section 5.053 of the BOC, the name of a filing entity or a registered series of a Texas LLC or the name under which a foreign filing entity registers to transact business in this state must be distinguishable in the records of the secretary of state from the name of any existing filing entity, the name of a foreign filing entity that is registered to transact business in Texas, the existing fictitious name of a foreign filing entity, the name of another existing registered series of a Texas LLC, and any existing name reservation or name registration filed with the secretary of state. Texas Administrative Code, Title 1, Part 4, Chapter 79, Subchapter C sets out the rules for determining whether names are distinguishable, the same, or available with consent. If you wish the secretary of state to provide a preliminary determination on name availability, you may call (512) 463-5555, dial 7-1-1 for relay services, or e-mail your name inquiry to Corporations Section. A final determination cannot be made until the document is received and processed by the secretary of state. Do not make financial expenditures or execute documents based on a preliminary clearance. Also note that the preclearance of a name or the issuance of a certificate of formation under a name does not authorize the use of a name in violation of another person's rights to the name. See Trademark FAQs for more information.
A name registration is a filing that can be made by an organization that is authorized to do business in Texas as a bank, trust company, savings association, or insurance company, or that is a foreign filing entity not registered to transact business in Texas under the Texas Business Organizations Code. In order to approve a name registration, the name must be distinguishable in the records of the secretary of state from the name of an existing filing entity, foreign filing entity, name reservation or other name registration.
It depends. Filing a name registration does not give an entity the authority to transact business in Texas. A valid name registration precludes another entity from filing under a legal or fictitious name that is not distinguishable in the records of the secretary of state. A name registration is valid for one year and may be renewed.
An application for registration, formerly called a certificate of authority, is filed by a foreign corporation, limited liability company, limited partnership, limited liability partnership, professional association, or other foreign entity as listed in section 9.001 of the Texas Business Organizations Code when the entity will be transacting business in Texas. Filing an application for registration gives a foreign filing entity the authority to transact business in Texas. However, the need to file an application for registration depends on the nature and extent of the activities of the entity in Texas. In addition, a foreign entity may need to file an application for registration with the secretary of state in order to meet other state law requirements.
No. Chapter 71 of the Texas Business & Commerce Code does not authorize rejection of an assumed name certificate on the basis of a name conflict. Therefore, there may be multiple assumed name certificates on file with the secretary of state for the exact same name. An assumed name certificate provides information about the underlying business's identity and location. It does not give the registrant any right to use the assumed name in a way that violates the law, infringes on the rightful use of the name by others, and it does not prevent anyone else from filing the same assumed name or using the name to form a new entity with the secretary of state. It is up to each business entity to protect its name and good will.
When filing with the secretary of state, you do not need to submit an assumed name certificate with an original signature. Faxed copies and photocopies of signed certificates are acceptable for filing. Assumed name certificates filed with the secretary of state do not need to be notarized. Form 503 (Word, PDF) may be used for purposes of filing with the secretary of state.
No. However, the law requires an assumed name registrant to file a new assumed name certificate when the information contained in the certificate is or becomes materially misleading. Certain events can cause the information in a certificate to become "materially misleading." For example, a change in the registrant's name, address, or business structure would be considered a material change. If a material change has been made, a new assumed name certificate must be filed within 60 days. See Tex. Bus. & Comm. Code 71.152.
An assumed name certificate must include a stated term or duration for the filing, which cannot exceed 10 years from the date of filing. The certificate expires at the end of the stated term or 10 years from the date of filing. If the registrant decides to continue using the same assumed name, a new assumed name certificate must be filed prior to the expiration of the current certificate.
If you have filed an assumed name certificate with either the secretary of state or with a county clerk and you are no longer conducting business under that assumed name, you may file a statement of abandonment.
The secretary of state has a statement of abandonment form (Form 504 Word, PDF) that may be used to file an abandonment of an assumed name certificate recorded with the secretary of state. If you filed an assumed name certificate with the county clerk, and want to file an abandonment of the assumed name certificate, do not use Form 504. Different execution requirements apply when filing a statement of abandonment on the county level.
Yes. An entity may not file an assumed name for its exact legal name because this does not meet the definition of an "assumed name." This is true for both domestic entities and for foreign entities that are required to register with the secretary of state under a fictitious name. 041b061a72