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Yes, the Doing Business As (DBA) in the USA is what you want. If the new name is not a shorthand version of your real company name then you must register it with your state (not sure what level you have to register with in Canada).
By shorthand, I mean if your company is "My Company LLC," "My Company" would be acceptable for things like promotional materials or even as the payee on a customer's check.
DBA's are typically within a region, meaning they are constrained within your operating area. For example, two companies named "Joe's Plumbing" could exist in New York, NY, and San Francisco, CA. However, if the NY branch begins operating in San Francisco, they would likely need a new DBA name. (Whereas an LLC or INC name should be unique within the nation.)
In Wisconsin, there is a state-run site that allows for searching to see if a particular name is taken. You may have something similar.
Source(s):
self, read through http://www.wisconsin.gov/state/core/business.html
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I would strongly urge you not to do what you are planning. You can be sued for any financial loss incurred by the victim due to your misuse, which can include loss of good will, loss of profit, loss of reputation, damages, attorney fees, and you can also be on the hook for a variety of other torts including, but not limited to, tortuous interference with a business, and possible defamation.
Be aware. Granted, I am quoting you basic US law and not Canadian, so I would strongly urge you to contact an Canadian business and copyright (Intellectual Property) attorney.
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robbrown
You can register as many trade names (fictitious business names) as you like for your business and use them as the name of your business rather than your corporation's legal name.
The limitation is the fictitious business names you choose must not be confusing similar to those being used by other local businesses.
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Answered Question
M$1
May 20, 2009 06:49 AM
Can I use a trade name other than my registered business name?
I am starting a new business in Alberta, Canada and I have been trying to register a name that would reflect my business which is computer services and support for senior citizens. Problem is, most names I come up with are already registered.
So my question is...can I just incorporate as a numbered company, i.e. 762498 Alberta Inc. and use ANY name as a trade name (for example "Calgary Computers") OR... do I have to use my registered business name on my signs and stationary??
Thanks to all who answer!
(P.S...btw, any ideas for a good computer business name ;-)
So my question is...can I just incorporate as a numbered company, i.e. 762498 Alberta Inc. and use ANY name as a trade name (for example "Calgary Computers") OR... do I have to use my registered business name on my signs and stationary??
Thanks to all who answer!
(P.S...btw, any ideas for a good computer business name ;-)
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Best Answer Chosen by Asker
| May 20, 2009 03:28 PM |
By shorthand, I mean if your company is "My Company LLC," "My Company" would be acceptable for things like promotional materials or even as the payee on a customer's check.
DBA's are typically within a region, meaning they are constrained within your operating area. For example, two companies named "Joe's Plumbing" could exist in New York, NY, and San Francisco, CA. However, if the NY branch begins operating in San Francisco, they would likely need a new DBA name. (Whereas an LLC or INC name should be unique within the nation.)
In Wisconsin, there is a state-run site that allows for searching to see if a particular name is taken. You may have something similar.
Source(s):
self, read through http://www.wisconsin.gov/state/core/business.html
| Asker's Rating: |
• Didn't answer the question as per Canadian law, but good effort nonetheless.
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Other Answers (2)
May 20, 2009 06:59 AM
The short answer is that if you begin to use someone else's name and they find out, they will be able to bring suit against you for any damages or any dilution of their trademark, service mark, or copyrighted name. That's the whole point of registering a business name--it provides protection from exactly the type of possible misuse that you are considering. I would strongly urge you not to do what you are planning. You can be sued for any financial loss incurred by the victim due to your misuse, which can include loss of good will, loss of profit, loss of reputation, damages, attorney fees, and you can also be on the hook for a variety of other torts including, but not limited to, tortuous interference with a business, and possible defamation.
Be aware. Granted, I am quoting you basic US law and not Canadian, so I would strongly urge you to contact an Canadian business and copyright (Intellectual Property) attorney.
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robbrown
May 20, 2009 08:36 AM
I'm Canadian and this is the way I understand it too.
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May 20, 2009 08:47 AM
In the states it is common to use a DBA (Doing Business As) name. You might be Infobulb Incorporated dba Technofrag Computers.
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May 20, 2009 03:26 PM
You can do exactly what you want to do and in fact it is a common practice. You can register as many trade names (fictitious business names) as you like for your business and use them as the name of your business rather than your corporation's legal name.
The limitation is the fictitious business names you choose must not be confusing similar to those being used by other local businesses.
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May 21, 2009 02:25 AM
I am not familiar with Alberta law, but in California and many other jurisdictions, yes you can have multiple names and I am not aware of a limitation on the number. I am aware of a local company which has about ten fictitious names.
Whether or not you can use a particular name is complicated. When you register a name no government agency will tell you either that it is OK to use that name or that it is not OK to use that name. There are two other companies which have the same name as my company, but they are in different states doing different things, so the duplication is not a problem.
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Whether or not you can use a particular name is complicated. When you register a name no government agency will tell you either that it is OK to use that name or that it is not OK to use that name. There are two other companies which have the same name as my company, but they are in different states doing different things, so the duplication is not a problem.
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