Home > Research Legal Advice > Business > Can I start a new business based on an old one, and use the same name?
Asked 4 months ago - Schaefferstown, PA
FlagI want to start a business back up. The store has been out of business for 8 years or so. I did not own the copyright/trademark to the name of the business though. The name has not been used since either. Can I legally use the same name?
If you did not own the rights to the name you may need to obtain consent to use the name from the owner. However, checking the PA Corporation Bureau website will let you know if the name is being used (http://www.dos.state.pa.us/portal/server.pt/com...). You should also check with the US Patent & Trademark Office (www.uspto.gov) to see if the name is protected by trademark protection.
Good luck.
You should start with an online search to see if anyone else has taken your name -- https://www.corporations.state.pa.us/corp/soskb...
(the website is a pain, but workable -- I used IE, but you might try Firefox)
Generally, you can legally use any name not taken by someone else. There are nuances such as the market concerned, sutomer confusion, and those sorts of things. If you have other issues for which you will be consulting a local attorney, you can ask about it. But as long as no one else has reserved the business name in your area, you should be able to use it.
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