我该怎么做if my business name is already taken?

ByNina Kaufman

Opinions expressed by Entrepreneur contributors are their own.

I tried registering my business name with the Secretary of State and they notified me that the business name is already taken. I am wondering if and how I can go about requesting the other company to release that name.
You can ask another company to transfer their name to you...but unless you have a carrot (money) or stick (a strong legal basis for a lawsuit) to offer, you won't likely get very far.

Secretaries of State generally register names on a first come, first served basis, so if you came in second, too bad. A company that had already registered a name has no obligation to turn over their name, and chances are they may not want to if they've already invested time and money into building their brand and name recognition.

That said, you may be able to register a name that's similar -- for example, "Jane’s Desserts" instead of "Jane’s Cookies" -- so you may be better off trying to come up with a new name and avoiding the complications of getting the other company to part with something that's dear to them.
Wavy Line

Nina L. Kaufman, Esq. is an award-winning New York City attorney, edutainer and author. Under herAsk The Business Lawyerbrand, she reaches thousands of entrepreneurs and small business owners with her legal services, professional speaking, information products, and LexAppeal weekly ezine. She also writes theMaking It Legalblog.

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