Legal Question in Business Law in Missouri

I have an internet business (proprietorship) in the state of Missouri named 'Fepo Trading Company.' The company has not had operations in about 3 or 4 years now, but the company is still in good standing with the Secretary of State's office in the state of Missouri. It simply lies dormant (no operations).

My question: I am considering starting a new internet business that would be an LLC, not a proprietorship. I would like to either call this new company just 'Fepo, LLC' or 'Fepo Research, LLC'.

There is no trademark violation with that name. But, will it create a problem given I already have a proprietorship named 'Fepo Trading Company'?

Do I need to I drop the 'Fepo Trading Company' name and business in order to form the new LLC, 'Fepo Research'?

Despite the fact that these would both internet businesses, they would be two completely different businesses. I doubt I would ever have operations again with 'Fepo Trading Company'. When I renewed the business license with the Secretary of State’s office last year, I thought I would at that time.

Asked on 5/23/11, 1:31 pm

2 Answers from Attorneys

Michael Beckermann Beckermann Law Firm, LLC

If the name you want to use is not the same and not currently being used you should be able to create an LLC with that name. You should check with the Secretary of State to determine whether the name you want to use is already in use.

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Answered on 5/23/11, 1:44 pm

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer. As long as another LLC is not using the name you want, you should be fine as far as entity formation goes. You might want to also do a federal search to see if anyone else has registered the mark "Fepo Research" anywhere else in the U.S. as they may have superior rights that could conflict with your new LLC at some point. Consult with a good business or franchise attorney in your area for specific advice.

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

Franchise Foundations, a Professional Corporation

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Answered on 5/23/11, 2:04 pm

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