Legal Question in Business Law in California

Re: Business Name already used by a website

You should employ the services of a business attorney or accountant, preferably both, in determining the best entity type for your business.

As to your inquiry regarding the name, generally I would avoid names that might be problematic to avoid future issues, but if you are stuck on that name, then I'd recommend a comprehensive trademark and common law search conducted by an attorney before going with it.

Best of luck with your new venture.

http://www.incorporatecalifornia.com

Re: Business Name already used by a website

No. The California Secretary of State registers corporations, LLCs, etc. based upon whether the proposed name, or a deceptively similar name, is or is not currently in use by a company of the same kind, in good standing in California.

However, both the Sec. of State and your attorney will remind you that the mere fact that your proposed name meets California's requirements for use as the name of a new LLC or corporation does not imply that there are no conflicts with names or trademarks of existing businesses, here or elsewhere, or that someone won't challenge your right to use the name.

In your case, I suggest making a serious attempt to contact and/or learn about the existing business you've discovered, especially where they are located, how widely they conduct business, the type of business, etc., then also do a trademark search at www.uspto.gov. (the Patent and Trademark Office).

Re: Business Name already used by a website

You will need to do several name/trademark searches to be sure you will not have problems with them, or with others you are unaware of. There are so many existing businesses that people have problems creating new unused names. You also should consider forming a corporation, to protect your personal assets from risk. Contact me if interested in getting help on these issues.