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TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4430
Experience:  Internationational Commercial Attorney
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If I incorporate (LLC) a business in one state, can someone

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If I incorporate (LLC) a business in one state, can someone else use the same name to incorporate in another state? Similarly, how about trademarks ?

My name is XXXXX XXXXX I will be assisting you with your legal question.

Incorporation in one state only protects the name of the incorporation in that state. It does not protect the use of the name in another state.

However, if your business name has a valid trademark registration, this will prevent any other business from using the name which did not use the name prior to your registration. In effect, if they were using the name before you registered the trademark, then your trademark does not force them to change names unless you can show that you used the name prior to them in time.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Customer: replied 3 years ago.

Is there a way to protect your trade name nationwide without registering it in every state ?

Federal trademark registration is the only way to protect your name nationwide. Again though, this only applies to prevent new businesses from taking the name. It will not apply retroactively unless you can show that you used the name first.
Customer: replied 3 years ago.

As you may know, one can successfully register a domain name with only a slight difference from one already registered. For instance, I can register even if is already registered. I could also register Is this true with corporations and trademarks ?


No it is not. Because the state or federal government makes the determination on whether a corporation name may be registered or trademark protection is granted, the standard by which the protection is given is determined by whether the name may be confused with another name already registered.

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