We're working on developing a better business name. If we find a "Porchlight Properties" in Florida, can we be "Porchlight Properties" in Wisconsin? What makes a name official to the point where we can't use it? We're finding that most names based on real words are in use by someone, somewhere, but many of them are clearly mom-and-pop operations or very limited geographically. Any lawyers out there that can clarify?

You need to determine at each state dept of commerce if the name is in use, and if you make the name change on deed or insurance you will then need legal representative for everything, I would suggest registering in each state but in your office door - Robin, DBA post light property- so you can stay in control.

I don't know the legalities precisely, but considering I have seen a variation of "ABC Properties" in just about every major market I've visited in multiple states, I think you're okay as long as you're not infringing on an already registered business in your state or a federally protected trade mark nationwide. For example, you would't want to call yourself "Microsoft..."

My understanding of trademarks are they were designed to avoid "brand confusion" so that customers would not be confused when choosing a company with which to do business, thereby costing an existing business some of its sales. Since you and this other business are in different states and I seriously doubt your rental markets overlap, I believe you are safe.

In Texas, when you submit an LLC for approval, the Comptroller's office checks what's doing business in Texas. There's a Taxable Entity Search so we can check ahead of time, too.

So, using your Porchlight example, we have:

Porchlight Consulting, LLC

Porchlight Properties, LLC

Porchlight Realtors, LLC

Porchlight Services, LLC

So you can do "Porchlight Homes, LLC" or "Porchlight, LLC" or whatever you want, as long as it's different.

However, once the business that you're trying not to conflict with is large enough, they'll be more specific about preventing people from conflicting with it. I wanted to do a particular word from a foreign language; there was a medical billing/healthcare/something company that used something similar. My word was ***is; their word was ***i. Even though we were totally different fields, and the word was totally different for anyone who knew the source language, my name got rejected for being too close to this much larger company. So I finally clarified things by tacking on a real-estate-y word to the end, and it passed with no problems.

On the other side of things, I had an LLC I was naming, where there were already [word] Imports, [word] Subsea Services, etc, etc, etc. I went ahead and just went with [word] and it passed with no problems.

Robin, there is already a Porchlight Properties in WI. Not mine, but I recognize the name from listings I've looked at. Not sure if that's just an example or if you are considering it. You can search for registered names at the Wisconsin DFI site under "corporations."

I think you should be ok with a name unique to your state. There is case law from Burger King of Florida (the Burger King we all know) and Burger King of Mattoon, Illinois. When Burger King expanded into Illinois, the small family owned restaurant of the same name in Mattoon sued to protect their name. The chain Burger King filed their own suit in federal court. Because Burger King (the chain) had registered their name as a federal trademark and Burger King of Mattoon had only filed with the state law, Burger King (the chain) was given the right to used the name Burger King in IL. But, because Burger King of Mattoon had been using the name first, they were granted the exclusive right to use the name within 20 miles of Mattoon IL.

So, if the Florida Porchlight is not currently operating in WI, I think you can secure the name for use in WI. If they expand in the future, even if they trademark the name, I think your use of the name in advance of the trademark protects your rights.

Robin,

I don't know the details.

But I DO know this: Make the name easy to say over the phone, easy to spell, not "cute" like House4U, available as a website (search on GoDaddy), short enough to be on one line in the newspaper classifieds.