You are here: Home FAQs Trade Name, Trademark, Service Mark Will the Department check to make sure that no one else is using the same name that I want to use?

Will the Department check to make sure that no one else is using the same name that I want to use?

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No, the Department will only check to make sure that no one else has a substantially identical registration. It is your responsibility to look around the State to ensure that you are not using a name which is already in use or so close to one in use that the public would be confused by the two names. Remember, even if the Department registers your name, you can still be sued by another party for using a name that the other party was using first or one that is so close that it confuses the public.

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