Additionally, our system guides business owners through government processes, explaining every step thoroughly. When this happens, it is important to read up on your trademark laws to make sure your business is not at risk. If you’ve settled on a name being used by an out-of-state business, consider the following before moving forward with the name. IRS EIN Tax ID Filing Service is a huge benefit to any business owner who wants to understand complicated government processes or is undertaking one of these processes. Databases Containing Names of Corporations, LLCs and Limited Partnerships. Is the Other Business in the Same Industry? For businesses operating in different states, this may or may not be an issue. For legal advice, Operating Multiple Businesses Under One LLC. We cannot provide any kind of advice, explanation, opinion or recommendation about legal issues, and our communications are not protected by the attorney-client privilege or as work product. For those asking the question, “Do I need to change the name of my business,” the answer is, “It depends.”. Govt Assist, LLC offers a paid service in which its employees or agents will prepare and submit your Employer Identification Number Application (“EIN Application”) to the IRS on your behalf. If you find a name that is the same as, or very similar to, the business name you have chosen, you should think twice about using it. Can I still buy the .co.uk domain name if it is still available? This is considered willful infringement and will typically result in a cease and desist letter to the infringer and the possibility of civil or criminal penalties against them. We guarantee you will receive your EIN within 1-2 business days, but many Trademark law is complicated, so it is always a good idea to consult with a trademark attorney if you have any questions or concerns regarding your business name. This database contains every trademark registered with their agency. Since businesses are registered at the state level, it is possible for your company to have the same name as a business in a different state. In most cases, when two businesses with the same or similar names are operating in overlapping markets and locations, the conflict will be handled through an administrative proceeding with the US Patent and Trademark Office or with a lawsuit brought by one of the owners. Then you are fine and can file the LLC form with the fee. Businesses that are in the same industry and serve the same geographic market should not have the same name, therefore the business that used the name first will probably get to keep the trademark. To form an LLC you must file articles of organization with the Secretary of State in the state in which you reside or will primarily operate the business. Chances are that many of you will receive a nastygram or threatening email from somebody accusing you of infringing on his trademark by copying his business name, slogan, or logo. Your online presense and/or e-commerce will not create consumer confusion. Cease and Desist letters are ubiquitous. applications are processed and EINs are delivered to you same day, within hours. You can't register a business with a name that is the ‘same as' that of any other on the index of limited companies and LLPs (‘same as' means similar enough to cause confusion among customers). Trademark attorneys will also ensure proper compliance with all legal requirements and deadlines throughout the trademark process. However, this would not preclude someone from incorporating a business with the same name in another state. Govt Assist, LLC acts as a “Third Party Designee” as described in the instructions to Form SS-4 to help clients obtain Federal Tax ID Numbers from the Internal Revenue Service (the “IRS”) "Providing actionable and accessible guides and tools to help you succeed". Plumbing, LLC in order to gain approval from the TXSOS. Good domain names are ideally 7 characters or fewer. Before you start accepting customers, you'll be required to register your business with your local government, which will create a paper trail demonstrating that you owned the name as of a certain date. If you are a limited company there is a register of company names and no other registered company can have the same name as you. Once you’ve completed this preliminary research, it’s time to conduct a trademark search. You will want to do a membership agreement which outlines the contribution each is making into the business and other voting rights, compensation etc. Govt Assist, LLC does not review the information submitted on your EIN Application. has all the information you need to make informed decisions. The reasoning behind this is that having two businesses operating with the same name or other identifying features can cause consumer confusion. You should also consult the state trademark databases in any states where you plan to do business. Additionally, our system guides business owners through government processes, explaining every step thoroughly. There may be a situation in which you are the first to use your business name, but another company is the first to register their trademark with the state or federal government. If you have already registered your business as an LLC or you are a sole proprietor but have a few different business ventures in mind, you may wonder, can I use the same EIN for multiple businesses? When choosing a name for your business, the first thing you should do is simply type your desired name into a search engine. As you would expect, finding out that another business has the same name as yours can potentially be a problem. You can hire a company to provide registered agent services to the LLC if you do not have a member or manager that can act as the company's registered agent. The only exception is if you are able to prove that the other company had knowledge of your business prior to registering its trademark. We also make it easy for you to check your EIN online so you can know exactly when your new identification number will be ready for you to use. You are probably wondering what exactly happens if you make this discovery. Can One LLC Have Two Businesses? If you can prove that the name infringement has financially impacted your business you may be entitled to damages. Updated October 28, 2020: LLC name vs business name can be two separate names and serve different purposes. CT Tip: Your business can have only one “legal” name at a time. LLC members (owners) may be individuals or business entities, such as an LLC or corporation. When it comes to running a business, the name is a vital part of marketing yourself. If you are really wanting to start a business with a solid name, make sure you can put it on website first. It is not possible to use the same EIN for different Entity types or for businesses that are not related. You do not have to file the membership agreement only the form and I will shoot you the link in a minute. Yes, a limited liability company can do business under name that is different from the LLC’s name. What are you to do? the official IRS.gov website and complete your EIN Application on your own. Your answers to these questions will help you determine if sharing your business name with another company will cause consumer confusion and get an idea of who would win in a legal fight for the name. Once you’ve completed this step, there are a few other resources available to locate any businesses already using the name you’ve selected. Trademark laws help shield businesses from unfair competition by protecting logos, symbols, names, and slogans that uniquely distinguish one business from another. However this does not stop either a sole trader or limited company ‘trading as’ a name which is the same or very similar to yours. From LLC tax ID number to sole proprietor tax ID number, IRS EIN Tax ID Filing Service has all the information you need to make informed decisions. It's only a matter of time in the online world. please contact an attorney or law firm. As you would expect, finding out that another business has the same name as yours can potentially be a problem. If you want to protect your business name … Can You Use A Business Name That's Taken In Another State? Have an LLC run both businesses. Others can form LLCs and businesses in other states that have the same name as yours. The other business registered for trademarks before you did. If you are using a business name that is the same as another company in your industry, caution is warranted. So, can two companies have the same name? If another business is using the same or similar business name, trademark, or domain name as your business you can begin by sending them a cease-and-desist letter. Your Employer Identification Number, or EIN, is linked with the name of the business. We have seen situations in which a state will not register an out-of-state company with an identical name as an in-state company to do business in the state, but It might be possible to have two separate organizations use the same name on the records of one state if … One business may attract the customers of another simply because the consumer cannot tell the difference between the two. Our tax savvy business support team is readily available by phone or e-mail for your convenience and support if needed. If, however, two businesses have the same name, serve the same geographic demographic, and operate in the same industry, one of the businesses will have to change their name and apply for a new EIN. But, problems can arise if you find out that another business has the same name as yours. If after all this you find that your business name is not in use by another business in your state or your industry and has not been registered as a trademark by anyone else, you may consider registering this trademark yourself in your state and with the US Patent and Trademark Office. Another point to consider – use a couple names when you develop a domain name (i.e. The cost to hire a registered agent varies from company to company. With the world increasingly getting smaller thanks to the internet, it is more common place these days to have two businesses that share the same name. The name is in use by a major national brand, regardless of industry. You may want to trademark your business name, and you need to be sure you aren't infringing on some else's trademark. For example, if your LLC’s legal name is “Smith and Jones, LLC,” you could file a DBA to do business as “Best Painters.” You can use this name … You might wonder if you have to change your business name and if you need to get a new EIN number. Take advantage of our site and the 24/7 customer support we offer to answer any questions you may have. Our paid service will process your application for an EIN/Tax ID number (SS-4 Form) with the IRS to obtain your Tax ID Number and deliver it to you quickly and securely via If you want to operate multiple businesses under one LLC, there are a couple of different ways to do so. If there is any potential for consumer confusion, you will not be able to use the same name as another company. When it comes to running a business, the name is a vital part of marketing yourself. The LLC name, or legal name, is the official name of the entity that is used to sign documents, file tax returns, file lawsuits, or to submit a loan application with a bank. If the violation continues you can initiate legal action. As you go into business, you probably have dreams of branding yourself and coming out as a leader. The name you choose for your Limited Liability Company (LLC) or other type of business needs to indicate the nature and scope of your mission, while also being catchy enough to stick in prospective customers and business partners’ minds. Yes, as I described in option three above, one LLC can own another. What if you suspect it has been registered opportunistically? For example, if your intended company name is Smith Brothers Plumbing, LLC, you may need a Consent to Use of Similar Name from Smith Bros. You are probably wondering what exactly happens if you make this discovery. Likewise, if there is the same business name in different countries, they can both share the name. Another business has the same name as mine. The letter informs you that you are using another company’s trademark – their company name. “About 90% of our clients get it that it is OK not to have the exact same domain name, but the startups, especially, don’t get it,” said Alexandra Watkins in a recent Knowledge@Wharton interview. If the names are similar, you will need a letter of consent for approval. Your LLC can run multiple LLCs or DBAs (which means “doing business as"). Yes, with some exceptions. You sell different products or services but operate within the same industry as another company. If you already have an LLC and get a hot idea for another kind of business, you may be tempted to open it in your established LLC. If two businesses with the same name are revealed, what happens next depends on many factors. Using the same name as another business will typically not be acceptable when: When it comes to trademarks, things can get complicated. If you have inadvertently infringed on the trademark of another business, you may need to apply for a new EIN. One way is to create a "doing business as" (DBA) name, which allows you to operate an additional entity under a name other than its legal name. IRS EIN Tax ID Filing Service is a huge benefit to any business owner who wants to understand complicated government processes or is undertaking one of these processes.

Epson Scan To Email Gmail, Snyder's Pretzel Sticks, Wallpaper Accent Wall Bedroom Grey, Hot Wheels Super Mario, Military Match Results 2019 Reddit, How To Write A Company Name In An Essay Apa, What Film Is She Moves In Her Own Way In, What Is Your Soul Tribe,