Legal Question in Business Law in New York

Re: dba

Excellent question.

It is possible to register in a county with a name that does not exist in that county; the county records are the only ones that get searched for DBA names.

HOWEVER, and this is a HUGE caveat, be aware that you may be infringing the trademark and statewide name rights of others if you register the same name as someone's state-registered mark or entity. You would thus likely receive a cease-and-desist letter when the statewide entity discovers you and in the world of names it's first come, first served; you'd then have to go through all the expense and bother of rebranding, plus possibly having to pay damages to the statewide party.

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