Legal Question in Business Law in California

I want to incorporate. I searched the Secretary of State website and found the name I want was taken by a coprporation that was dissolved in 1982. Can I now use that name?


Asked on 7/17/10, 5:13 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The Secretary of State would let you use it, but your investigation should go a bit deeper. Are there outstanding bills? Is anyone else using the name without incorporating? Is the name trademarked? Does it show up on search engines? Is it in use in other states to any extent that might cause a conflict?

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Answered on 7/18/10, 12:13 am
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. Even though the name is available, this does not mean someone else may be using it elsewhere with prior rights. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 7/18/10, 7:53 am


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