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Business name legality? Usage of a similar business names?

 
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CoMp1eX
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I'm trying to figure out the legality of business names. I searched on google, but couldn't find a definite answer.

Specifically, using the same words and similar names.

I.E. Say there's a business named Diamond Design, and others named Diamond Clothing, Diamond Foods, ect. So it's ok to use the same name if it's in another industry?

Also, Let's use Diamond Design again. Is it legal to use a similar name adding on another word in the same industry? Let's say Gold Diamond Design?


 
 
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I am in no way an expert but the way I understand it to be is that for question 1, as long as the two names are not in direct competition with each other then it should be fine. If you had Diamond Auto Sales and Diamond Children's Footwear, it would be difficult for a consumer to confuse the two.

As far as question 2, I would imagine that that's getting a little too close and it may not go through...

As I said, Im no expert but just lending my thoughts...
 
 
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I'm no expert either but I believe it also depends if you're operating your business in the same state as the existing business. For instance, there can be a Diamond Auto Sales in Texas but if you're opening Diamond Auto Sales in New Jersey (and no such business already exists in NJ) then you should be fine. When you go to register your business it will let you know if the name you want is taken or not. Again, this isn't really legal advice and if you're worrying about being sued or something like that then you should look more into it.
 
 
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No expect here, but I just did a search for Chinese take out and there are plenty with similar names. So many have the word dragon or wok in them.
 
 
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Quote:
Originally Posted by rocksolid View Post
No expect here, but I just did a search for Chinese take out and there are plenty with similar names. So many have the word dragon or wok in them.
I agree, theres millions of 'Golden town' etc.
 
 
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check trademark availability. then when you file your entity with your state, they'll require a name check as well to ensure you're not stepping on anyone's toes. your state will be able to direct you to resources to check registered business names.

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