ErikH2000 wrote:
I'm guessing you've got some profession or training that helps you know this stuff?
I hope it won’t jeopardize my CaravelNet membership, but I’m not a math guy. In real life, I’m a CPA. For what it’s worth, between current clients and companies I have consulted for, I have worked with corporations in twenty states and all of them have been registered at the state level. For a few big reasons – state corporation taxes and enforcement of state labor laws, to name a couple - I can’t imagine that the other thirty states are different. However, this is easily researched. (Go to the state’s website and search for forming a corporation.)
ErikH2000 wrote:
Well, my understanding is you can register for a trademark in the US, and that would distinguish you from local companies bearing the same name.
Take the anvils, for example. You are correct that the trademark is registered nationally - at the US Patent and Trademark office. Since the trademark is national, both of the Acme Anvil companies cannot use the trade name “Acme Anvil” in the US. Let’s say that the New Mexico company has trademarked the name “Acme Anvil” and that the New Jersey company has trademarked the name “Road Runner Anvil”. The trade names are distinct, so you would only need to disambiguate the companies not the trademarks.
Please note, however, that not every business registers its trademarks. It turns out that I have a client in the music business in New York. By coincidence, there is a manufacturer of windshield washer fluid in Pennsylvania that has the identical corporate name. They both sell their products under their corporate name. Since the products are so different, there is no confusion and, therefore, there is no need to go to the time and expense of registering with the Patent and Trademark office. And of suing the other guy to relinquish the trade name.
ErikH2000 wrote:
And making use of silver's suggestions, there could be further distinctions made if that was still ambiguous, i.e.:
* Acme Anvil Company/USA/NJ/Trenton/1952/9/30
I think silver’s idea is pretty good. I like the notion of going down to the lowest political entity that would require unique business names. It is difficult to imagine any country, state, county, township or municipality allowing duplicate names. This is for the same reason as above – it is easier to enforce the laws and administrative codes when you can identify corporations with a unique name. That being said, in the US some political entities might rely on the federal EIN, which is unique, to identify corporations. I am not aware of any political entity doing this to the point where they allow duplicate names. However, as my dear, sweet, grey-haired mother always says, “You never know.”. So, while my inclination is that adding the date of incorporation might be overkill, you never know.
In the states where I have clients, practices vary with businesses that are not incorporated. For your purposes, this will mostly be partnerships and LLCs. For example, in New Jersey, they are registered at the state level. However, in New York, partnerships and LLCs are registered at the county level. This means that it is possible for two partnerships in New York State to have the same name. This is where silver’s nomenclature scheme comes in handy.
I am not trying to be difficult, but have you considered the following situations?
In the US, searching for corporate names (as opposed to partnership and LLC names) won’t need to go lower than the state level. My one concern would be slight differences in the names. For example, Amalgamated Dirt Co., Amalgamated Dirt Corp., Amalgamated Dirt, Ltd., Amalgamated Dirt, Inc., and Amalgamated Dirt Co., Inc. are five separate companies.
Some situations will be ambiguous where you have to distinguish between the trademark and the business. Consider that my brother in New Jersey decides to buy a can of Pepsi. Pepsi Cola is a registered trademark of Pepsico, registered with the Patent and Trademark Office and is protected nationwide. However, the can of Pepsi he is drinking was produced by the Pepsi-Cola Bottling Company, Inc., located in Piscataway, New Jersey. That company produced the can of soda under a license from Pepsico, a Delaware corporation, whose headquarters are in the northern suburbs of New York City. How would you characterize this? Franchise situations (e.g., McDonalds’s) present similar problems. Are you looking to link the product to the national brand or to the franchise owner of the store where you bought the burger?
How will you handle generic or store brands? Consider Kenmore appliances which are Sears’ store brand. The appliances are manufactured for Sears by someone else. Depending on market conditions that someone else can change over time.
ErikH2000 wrote:What do you think of the problem of learning a businesses legal name and state of formation when maybe all you have to start with is a brand name or DBA?
I don’t work with consumer products, so I can’t give you an informed opinion, but for the most part, I don’t think it would be too difficult. If all I had to work with was a brand name or D/B/A, I would google it and hope for the best. Of course, that solution would be a little labor intensive. You might want to check with a trademark attorney to see if there is a national registry you could access or download.
I hope some of this helped.
