Legal Question in Business Law in New York

Legality of an LLC name in NY

I am starting a business in Kings County, NY and am just about ready to submit my paperwork to the state. The question I have is if I can use a name for my LLC that is already used by another corporation, though not another LLC. The name I would like to use is ''Mind your business, LLC'' though there is already a ''Mind your business, Inc.'' operating out of another county. All the paperwork I recieved from the state states that the name I choose may not be in use by another LLC, which seems to imply that my choice is fine. On the other hand, I don't want to submit my paperwork, and $200, just to find out that the name I chose was no good.


Asked on 11/20/05, 10:39 am

2 Answers from Attorneys
Robert DiPaolo The Fidelis Group, LLC

Re: Legality of an LLC name in NY

First, you can check with the Dept. of State via its website or phone to be sure that your name is not being used for an LLC. Second, unless you choose one of the faster service options, in which case you will be charged the service fee regardless of whether your company is organized, you should not be charged for trying to register a company with a name that is already in use. Third, if the name you want is used by a corporation, rather than an LLC, you should be able to organize your LLC with the same name as a corporation.

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Answered on 11/20/05, 11:07 am
John Friedman Law Office of John K. Friedman

Re: Legality of an LLC name in NY

Using the name of an existing entity is foolhardy, regardless of the legaity. More so if the prior filer has achieved trademark status (whether registered or common law) to the name. The rule of thumb -- if another has used your name, find another name.

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Answered on 11/20/05, 12:40 pm


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