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What do I do if I incorporated an LLC but there's already a popular company with that name outside the US? (alien.top)

submitted 10 months ago by PoopyMouthwash84@alien.top to c/entrepreneur@indiehackers.space

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I followed a guide that said to search for other companies with your name within some US database. I confirmed that no other company in the US had a similar name, so I incorporated. However, I just recently found out that there is a company based outside the US that was popular like 15 years ago (and probably has some level of popularity now). How would you handle this? Should I change the name of my company? Should I get a "doing business as" name? I don't have any plans for international right now, so maybe this won't affect me much? Both companies are in social media.

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[–] Far-Explanation4621@alien.top 1 points 10 months ago

You just have to quality the business name in the state you incorporate in. If the name's accepted, which it usually is, even if it's only one letter or number that differentiates the business from another, then you're fine.

Seeing that you're in social media, how you expand will depend on if you have offices and/or employees in another state or country. For instance, if you do have offices and/or employees in another state, you usually have to "foreign qualify" the business and file a Certificate of Authority with that state. Some states do "Good Standing" certificates and require different business licenses than the state you incorporated in, but it's just something you'll need to check if you expand, and it won't affect your business name. It's mostly for taxes and legal purposes.

[–] vinnymcapplesauce@alien.top 1 points 10 months ago (1 children)

Important terminology distinction -- you don't "incorporate" an LLC. LLCs are not corporations.

Now, the name of a company can be pretty much anything. Company names are not necessarily trademarks, as opposed to with product names that are intended to be marketed and thus need to be protected. Do a search for trademarks and see what you turn up, because it sounds like IP is the area of interest for you. ;)

Disclaimer: IANAL, so you shouldn't listen to me.

[–] PoopyMouthwash84@alien.top 1 points 10 months ago (1 children)

Ahhh...crap. Yea I should have looked up trademarks

[–] vinnymcapplesauce@alien.top 1 points 10 months ago

TBF/H, we all should. And most of us don't. lol