If someone has the buisness name inc. in a different state can i use that name?

Question

If someone has the buisness name inc. in a different state can i use that name?

Answer 1

It is unlikely that a business in another state with the same name would sue you unless they plan to expand into your state.  However, if your name is registered in your state first, they cannot take it away from you just because they registered it first in another state.  This is why Minuteman Press, based in NY, uses a different name (Minute Press) in several states.  Businesses in those states had claimed the Minuteman Press name first, before Minuteman Press even existed in New York.  

Not sure what the rules are on Trademarks at the federal level; best talk to an attorney there.

Answer 2

If they have not registered/copyrighted the name in either your state or federally and you will not be competing with them you can use the same name.

If the name is registered in your state or protected by copyright you can't use it.

If they didn't protect their name and you will be competing with them they can sue and will probably win.

Hope this helps

Jerry-the-bookkeeper

Answer 3

No..they may sew(sue) u