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Business Names

Posted by Anonymous . updated on 2/26/2009
I'm looking to start a business (LLC) and have picked out a name.  When searching for the business name in the CA Business Search DB the name was already registered but it was a clothing company.  My intensions are to make PC software.  Is this still legal?  We are both i the state of CA

Also would it make it ok if I make the company plural.  His company name is singular Smiley.

thanks!

Answers (1)
 
lyza2855
First, I am not an attorney, but I have done a bit of corporate paralegal work. I would recommend that you contact the Corporations Division of the California Secretary of State's Office ("SOS") to see if the company name would be accepted for registration before you commit any money to advertising and marketing.  In Georgia, where my company is registered, the SOS regularly refuses to register company names if they have been taken by another entity, often even if the companys' trade industries have no connection.  Call your SOS before you go further.

Regarding plurality, and again, my reference is Georgia, you can register a slightly different but similar name, however a pluralization of the name, such as "Roger's Landscaping" rather than "Roger Landscaping", would not be enough of a change.  I don't know if that would be the same in California.  You could try adding another term to the name, i.e. "Roger Brothers Landscaping", which might be enough of a change.  

To be sure of these suggestions, you should contact a corporations specialist attorney.  I hope this helps.  Thanks.
 
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