I decided on a name for my woodworking business and got as far as designing a logo. Then I ran the state business entity search and found a company with the exact same name that dissolved in 2011. Do I need to pick something else, or can a dead company's name be reused? I have not filed anything yet.
Naming
The name I wanted belongs to a company that closed years ago
Dissolved usually means the entity is gone, but the name can still be protected in some states for a period after dissolution. Check your Secretary of State's name availability rules. In mine, a dissolved entity's name is reserved for a set number of years unless the owners file a release.
What harborline said. Also worth checking whether the old company ever registered a trademark. A dead business can still leave a live federal registration behind.
I ran into this with a landscaping name. The company closed in 2008 but the name was still on the state's reserved list. Cost me a week and a filing fee to findd out. If you can call the state office directly, do that before you spend money on anything else
Thanks. I had not thought about the trademark sdie at all. The logo is just a sketch right now, so nothing wasted yet. I will search the federal database tonight.
Not legal advice, but in practical terms: if the state search lets the filing go through, you are probably fine at the state level. The bigger risk is someone related to the old company still selling under that name locally, or a trademark owner who never let it go.
That is the part people skip. State registration and trademark rights are separate. A dissolved LLC does not automatically kill a trademark if it was assigned to someone or held by an individual.
Curious what the name is, if you are willing to share. Sometimes people here can tell you if it rings a bell locally.
I would rather not put it out publicly until I know whether it is clear. But it is a fairly plain two-word name, nothing unusual. I will update once I hear back from the state.
Fair enough. One more thing: even if the state clears it, do a quick search for the old company's owners. If one of them is still active in the same trade nearby, you may want to reach out before you print anything. Saves awkward conversations later.