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  1. #1

    Default Using the Same Name for Businesses Incorporated in Different States

    My question involves business law in the state of New York: I have been operating a home improvement contracting company out of upsatate New York using a DBA under the name "Davis Home Repair". i would like to change over my DBA to an LLC, However after I have researched the name Davis Home Repair, I have discovered another Davis Home Repair LLC out of North carolina. Both of our buisness provide the same services, but do not provide services outside of our own states. Legal Zoom has told me that it is not a problem for my buisness to use Davis Home Repair as my LLC because it goes by state and as long as there is not another Davis Home Repair LLC in New York state then I am fine. Others have told me thats not true. What is the truth of the matter? Can I use Davis Home Repair LLC in New York State if it allready exists in another state?

  2. #2
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    Default Re: Using the Same Name for Businesses Incorporated in Different States

    Yes, it's possible to have two businesses with the same name, owned and operated by different people in completely separate markets. You can verify that they don't have a national trademark on the USPTO.gov site.

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