If I have “The Next Wave” as the name for my new salon, and register it in the county, how can I be sure someone else doesn’t have the name in another county? I have no way to check really, and neither do they. Would we both be able to keep the name? What if one franchised, would the first one to register own it?
As far as I know, it’s done on a county-by-county basis. When I set up my business, I went to the county offices, searched through their records and paid the fee. They didn’t particularly care what I was doing, nor did they check up on it.
You’d have to get a dba (as it was called in NY state) on a county-by-county basis. If you wanted to move into another county, you’d need a dba for that county. If a company existed with that name, you probably couldn’t use it.
That’s for a simple business. If you incorporate, then you have further exclusivity. I know you’d have the only claim to that name in the state where you’re incoporated; it may also apply to other states.
It often depends on how much of a prick the other guy is, and whether he ever hears of you. This morning’s Indianapolis Star carried a story about such a case. The Simon Properties company that owns malls everywhere (and the Indiana Pacers) sued the mySimon shopping-bot company for infringing the Simon name. The court found for mySimon, but Simon Properties might not let it go at that.
I don’t know what scale of business you’re thinking about. Of course, at startup thoughts of world domination abound.
My company is incorporated and in good standing with the state and we have a dba with the county as well. We’ve also got a federally registered trademark that includes our company name. For a small business, that’s probably enough protection to allow you to use your name - if you don’t pick a name too similar to some megacorporation. We have discovered a Canadian company with a very similar name, which they contracted into our name to get their domain name. We feel like we’re safe from any complaints from them that would prevent us from using our name in the U.S.(both companies are a little over 10 years old). Of coursee, we’re not lawyers - maybe we’ll get a surprise someday.