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Can an LLC and a Inc have the same name?

Posted on August 26, 2020 by Author

Table of Contents

  • 1 Can an LLC and a Inc have the same name?
  • 2 Can a corporation have LLC in the name?
  • 3 Can you use Corp in a business name?
  • 4 What happens if two companies have the same name?
  • 5 Can I trademark a name that already exists?
  • 6 Can I trademark a name that is already in use?
  • 7 Can two businesses have the same DBA name?
  • 8 Can an LLC be a C corporation?
  • 9 How do I file taxes as an S corporation with an LLC?
  • 10 What are the owners of a C-corp called?

Can an LLC and a Inc have the same name?

In California, the answer is yes, but why would you want to? Some people fall in love with the name they devised, and love is blind. Hire an ad agency to come up with some other names that will be both unique and creative.

Can a corporation have LLC in the name?

Most states require an LLC designation be included in the name of a company that’s registered as an LLC. The designations vary from state to state, but generally include phrases or abbreviations such as “Limited Liability Company”, “Limited Liability Co.”, “LLC” and “Limited”.

Can 2 companies have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

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Can you use Corp in a business name?

The name of a corporation must include the words “corporation,” “incorporated,” “limited” or “company,” the letters “Inc.”, or “Corp.” or some other phrase indicating that the entity is a corporation. Most state statutes specifically identify which descriptions can be used.

What happens if two companies have the same name?

So, your company can have the same name as another company, and vice versa, with no claims of trademark infringement. However, if your business is using a company name that’s the same as another incorporated company, there could be grounds for a legal dispute, and you may not be able to legally use the business name.

Can I register a business name that already exists?

In many instances, you can register the same business name in your own state, or in any other state, so long as it is not in the state where the business name already exists. This practice is typically accepted for many types of small, local businesses.

Can I trademark a name that already exists?

If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.

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Can I trademark a name that is already in use?

A registered trademark offers legal protection to unique logos, designs and names your business uses. You can’t file to register a trademark that someone else is already using if they used the trademark first.

What if my business name is similar to another?

If you choose a name that is too similar to the name of a competing business, that business may accuse you of infringing on its trademark rights. When that happens, you may be forced to change the name of your business. You may even be ordered to pay monetary damages.

Can two businesses have the same DBA name?

Governed by state law, some states will not allow two businesses to use the same DBA. This is why LLCs need to submit a DBA application. Although most businesses register a single DBA, there are instances where multiple DBAs may be the most beneficial option.

Can an LLC be a C corporation?

Although an LLC cannot simultaneously be a corporation for purposes of a state’s business entity laws, it does have the option to elect C corporation tax treatment by filing an Entity Classification Election ( Form 8832) with the U.S. Internal Revenue Service (IRS).

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Can two LLCs or companies have the same name?

Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. When you’re forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours.

How do I file taxes as an S corporation with an LLC?

Filing. However, if a qualifying LLC elected to be an S Corporation, it should file a Form 1120S, U.S. Income Tax Return and S corporation laws apply to the LLC. Each owner reports their pro-rata share of corporate income, credits and deductions on Schedule K-1 (Form 1120S).

What are the owners of a C-corp called?

And the owners of a Corporation are called Shareholders. When an LLC elects to be taxed as a C-Corporation, in the context of discussing taxes, the owners may be referred to as Shareholders. Throughout this article, please know that the words “Members”, “Owners”, and “Shareholders” all mean the same thing.

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