Whether you are starting up a new business, or incorporating an existing business, you need a business name that you think is descriptive of the services that business will provide. Following your resolve, you contact your attorney to discuss the organization of a new business entity. From their, the attorney asks for the name you selected and checks with the office of the secretary of state to ensure it is not already in use. A rather confusing declaration is when the attorney calls you back to let you know the name you chose appears available; because clients assume that they alone have the right to use that name. However, as surprising as it seems, learning that clearance from the SOS does not mean that it is an exclusive to you at all. We at Kajioka & Associate, Attorneys at Law would like discuss why that is so.
DBA; Clark County Fictitious Name
When you learn that your intended name appears available with the SOS level, it does not necessarily mean you have the legal right to use the name in connection with the operation of your business. When a name appears available, it only translates that the name you opted for is not the same as, deceptively similar to, or similar to a name of an existing entity that has been organized by the filing of a certificate of formation with the SOS. It is possible that there might be another already existing and operating company, even with SOS approval, that is using the very name you selected for your business, which is not organized as a corporation, locally, or anywhere else. With nothing more than an assumed name certificate filed with a county clerk, some businesses might already be using the name you wanted. Notwithstanding the fact that it never organized at the SOS level, a company that is already using a name in its business prior to your use has more rights in that name than you because it was they were the first to use the name in its business; despite the fact that you incorporated and spent money on filing fees and attorney fees. The right to stop your use of a similar name is the first/prior use given to that business owner. If you try to argue the facts, you lose.
Las Vegas Business Attorneys & More in Greater Las Vegas, Nevada
If the name you select for your business is not already in use, you can achieve a level of comfort by first checking with the secretary of state. From your investigation of various databases, such county clerk assumed name records, your favorite search engine, or by hiring a company to perform the search for you is the only option to offer you the comfort you desire. Investing in the research prior to submitting your business’s name is well worth the effort to ensure your name is your own and not already righted to someone else. If you are looking for an attorney to help you file the business’s name and ensure the availability, call in the experts of Kajioka & Associates, Attorneys at Law for assistance.