Same names, different states

EDS

OK. I think I`ve seen this topic somewhere else in this forum, but don`t believe it was ever answered to my personal satisfaction:I have a business I`m looking to incorporate as an LLC. We`ve been in unofficial, part-time operations the last 3 years, but now I am looking to turn it in into a full-time venture. I did a business name search on the US government`s Trademark website and came up with a company in California that has the same name as what I want to incorporate, and they offer similar services. I am located in Indiana. The name is Two Headed Monster. Can I still go ahead and incorporate as an LLC with the name I want to use since we are in different states, or would I be taking a chance at a lawsuit in the future?I`d really like to not have to change my business name if at all possible, just because we`ve started to gain some name recognition at the local/regional level (even though we`ve been "unofficial" up to this point, and at the time of inception we had no idea what we were doing). I`d hate to have to start over.And if I do trademark the name and incorporate as an LLC, do I still need to fill out local DBA forms in my city?I know it is preferred to have a lawyer handle all of these issues, but I`d like to do/know as much as I can on my own before I approach a lawyer.
EDS2006-9-8 15:25:22

OnlineSidingJames

I would change your name just to be on the safe side. Especially if they offer similar services.

As you said, you don`t want to start over!

EDS

Thanks James. I`m worried I may have to do that. Talking to a lawyer will help me get a better feel for my options. There may be a way around, since we are planning to function as more of a record label and an illustration/design house. The other company is more web design/technology/marketing based, but it`s still a similar industry. I`d appreciate any more input or knowledge that any of you other SuNers may have regarding this issue.Thanks!