Legal Question in Business Law in New Hampshire

Business name registration

We have registered with the state of NH for a business name.The name that we want to have we are told is not available so in order to get things moving we agreed upon a name that we could use for the purpose of getting a tax id and to begin to purchase inventory. The venture we are beginning is a childrens clothing store.We had selected for a number of reasons, the name ''Carousel Kids Boutique'',the sec state office would not allow that because there is a business known as ''The Childrens Carousel'',apparently engaged in the same type of business.The secretary of state's office told us that if we could get permission from the owner then they would allow us to use that name,she agreed via phone conversation and then later changed her mind and said she would have to think about it.To get things moving we have registered as CKB Retailers.

I have two questions: 1) Although we will be registered under that name can we put a alternative name (Carousel Kids Boutique) on our sign as long as we do business as CKB?

2)Since the test according to the state is only that the name not be deceptively similar is the state wrong and shuold we be able to use the name that we originally selected.


Asked on 1/19/04, 7:09 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Business name registration

The Secretary of State's refusal is without any legal significance other than with respect to your corporate name. From a trademark standpoint, I do not see a significant likelihood of confusion, and doubt that the existing company would pursue any action against you if you were to use your chosen name as a d/b/a.

Best wishes,

LDWG

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Answered on 1/20/04, 9:45 am


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