Select name can be one of the most important decisions a company can make. After considering the business and marketing impact of a particular name, company also needs to ensure that the name has not been branded with the use or registration with the US Patent and Trademark Office. Finally, when you register your unit to do business in the state, there are a number of legal requirements vary depending on where the unit records.

legal requirements to company names in New York can present many difficulties. Some things tend to create problems or delays

• great number of active registered companies (This increases the likelihood that the name that you would not be available for use.)
• somewhat nebulous method to determine whether the name is different enough from the names of existing entities into
• inability to obtain approval for the use of a similar name
• having to get the approval of a state agency for the use of many words and phrases

decreased the pool of available names because of the number of listed assets

history of New York as one of the most populous states and the fact that it is a major financial center have probably played a major role in a number of business entities that are registered in the State. New York has over 1.7 million active registered companies, which is more than a very popular application states like California, Florida, Delaware and Nevada. In fact, at the end of 2010, New York holds the title for the most active companies on the list.

contributing to the number of working parties on the list has a poor strategy New York to solve the existing companies. Many Secretary of State offices administratively dissolve companies that have not submitted annual reports for certain number of years. In New York, the primary reason for the administrative liquidation (dissolution medium after notification) is informed by the Department of Taxation and Finance that the company is delinquent in paying franchise taxes. These reports, however, do not always occur within a foreseeable time, so there are many companies that have not paid taxes for years, but are still listed as active on the Secretary of state data.

New York State’s voluntary dissolution requirements also help to create the conditions in which inactive companies remain on file. New York does not allow the company to never do business to quickly and easily solve as many other countries do. Instead, the company must apply for clearance taxes and file a tax return, even if the shares have not been issued and the company never engaged in business. Because of this, some New York businesses, especially those formed complacency or error, ignoring their obligations and leave off business still recorded.

With well over 100,000 businesses get record every year and described above contribute to keep inactive or delinquent companies recorded, it is a fairly common occurrence in New York called the company wants to use is not available.

Strict requirements on the characteristics Entity Names

rules of New York on the special unit name also contribute to the desired names not be available for use. Each state requires that the data subject is either “separated” or “distinguishable on record” from other registered entity names, or not “strikingly similar” to them. Usually, it is easier to find an available name in states like Delaware with “distinguishable on record” law. For example, a word plural in Delaware is enough to distinguish one name from another. “Striking a similar” states, such as California or Texas, tend to take a stricter approach and not allow names that differ in spelling or form of the word.

New York Uses the term “identifiable” in the Business Corporation Law and, through the New York Codes, Rules and Regulations, operates as “strikingly similar” situation. Section 156.2 of Title 19 states that the name is not considered distinguishable if the only difference between the proposed name and the current name is a change in voltage or the form of the word (including abbreviations, alternate spellings, or alternate numeral system, such as Roman and Arabic ), punctuation differences or to add the word “business.” Whether the word was considered to be part of another word is often determined by the individual critic of the Secretary of State’s office and methods change over time. For example, the terms “real estate” and “Realty” sometimes, in the past, been considered indistinguishable, but at other times not.

In some ways, Texas is tougher than New York when it comes to entity names. Besides “strikingly similar” rules are very similar to New York, it has a rather broader category of “similar name requires consent.” According to section 79.40 of Title 1 of the Texas Administrative Code, names containing “as having the potential to be misleading as to the identity or affiliation of the party” will require the approval of existing parties to be approved. Under this rule, companies wishing to use the name “United Phase Two” or “United Productions” would have to provide a letter of approval from the current “United Company,” because they share the word “United.” This is a much broader interpretation of similar names than New York. A key difference is that Texas, like many other states, allows existing companies to grant approval to form a company. In New York, this is never allowed; the new company will be given a distinct name.

Using an assumed name when requested Name not available

New York offers an alternative that allows companies to use the company name they want even if it is not available. A certificate of assumed name can be registered, under section 130 the General Business Law, after the registration of the corporation, limited liability company or limited partnership under the individual, but less desirable name. Note that in New York, as expected can not contain entity indicator such as Inc Ltd, LLC, etc.

An assumed name filing only registers the name of the state, which means that in the eyes of the state can do business with that name. It is not protected name in any way, assumed names in New York are not required to be unique. A company should also keep in mind that our module name, either the assumed name or as a true unit name with the Department of State is no way to ensure that the chosen name could not constitute trademark infringement and subject to legal proceedings . Whether selecting took the name or party name, the company should first ensure that the name it does have will not be lost either due to a registered trade mark or previous use would constitute a common law trademark.

Finally, when choosing took the name of New York, note that section 130 (c) (3) (2) of the General Business Law suggests that companies, limited and limited liability companies can use the name “which consists of or contains a word or words to use is prohibited or restricted …” by the law governing the formation of these bodies.

prohibits or restricts names in New York

list of words that are prohibited or restricted is quite long in New York and extends far beyond the list of 31 words and expressions listed in Articles 301 (5) (a) and (b) of the Business Corporation Law. My company has found that there are at least 90 words and phrases that are either registered in the statutes or have been determined by experience require further agree and consent of the other institutions. Often this is the consent or approval is required even when the meaning of the word as it is used in the name makes it clear that the company is not taking part in activities approved establishment apply. For example, let’s say an independent bookstore decides it wants to use the name “The Title Page Book Store, LLC” Even though it is clear from the name of this company is not involved in the title insurance business in any way, it will still be necessary to get approval or waiver approval from the Insurance Department of New York Department of Financial Services to use the name. Acceptance and approval can be obtained, but the process is often a lengthy one, so it is wise to verify whether the name contains the word limit well before the company wants to form

ordered Names :. Beware of limitations

Name reservations can be requested to protect the name you want, but it is important to understand their limitations in New York State. A name with a limited word can be reserved without obtaining necessary approvals from the appropriate state agency, the approval will be required when documents. The name order itself does not guarantee that the name can be used. When ordering name, it is important that the company’s exactly name to use. If the name of the filing differs from the reserved name in any way, even if it is just a drop point, the state will need the current name reservations canceled an additional fee for the document can be filed.

Finally, it is important to be aware of certain delays that occur when ordering name. A name reservation application receipt, issued late in the afternoon after actual notice must accompany the application. Accustomed to proceedings in other countries, often people want to reserve the name that one day form the company next. In New York, for filing receipt requirement, this can not be done unless the company pays expensive two h charges when filing booking

Importance Registration confirmation. Registration is not Protect Name

When you register unit, keep in mind that the final decision is always in the hands of the filing officer. Even if all precautions have been taken to ensure the availability and recognition of the name, it is important to wait until the document has been approved and submitted to get bank accounts or take other measures that assume there will be no problems with registration. Understand that our module name with Secretary of State is not necessarily the company is legally authorized to use it. Name request shall bear brand names and names in use to ensure that it will not be subject to trademark infringement proceedings. Similarly, the file name as a party in New York or in some states but not to protect it from anything other than having another entity files the same or a similar name based on the rules of a particular state. Trademark filings necessary to protect national name.

In short, understanding the legal requirements for the names of companies in the state or states where the company’s file is important. New York is one state where these requirements can create unexpected issues. A knowledgeable and experienced service provider may alert you to potential problems and pitfalls chosen name and help you avoid additional costs and delays in the filings declined.

This article is provided for informational purposes only and should not be considered, or trust, as legal advice.

© 2011 National Corporate Research Ltd., 10 East 40th Street, 10 Floor, New York, NY 10,016th All Rights Reserved.