Incorporating, can you pick inactive corp names?

Michael Motley · 10-21-2009, 03:35 PM

I'm trying to get an llc going, and im picking names, a couple of the names i'm looking at already show up in my states bus. registry but they show as inactive. Does anyone know if i can still pick those names?

Dan C. Rinnert · 10-21-2009, 03:40 PM

Lawyer up. ;-)

A business may be inactive, but its assets could have been sold, which may include the trademark to its name.

Borden is a good example. The company is defunct, but its trademark was sold. You'll still see the Elmer's brand on products and there's a milk company that licensed the Borden name.

So, I would say that seeing a company as inactive in your state's directory is probably not sufficient information to base anything off of.

On top of that, what if the company whose name you choose had a bad reputation? People see the company seemingly start up again, and you might be getting calls from people demanding their money back for actions of the prior company.

I'd talk to a lawyer specializing in such things.

10-21-2009, 03:35 PM	#1
Michael Motley HyperActive Warrior War Room Member Join Date: Oct 2008 Location: U.S. Posts: 385 Thanks: 31 Thanked 256 Times in 182 Posts Social Networking	Incorporating, can you pick inactive corp names? I'm trying to get an llc going, and im picking names, a couple of the names i'm looking at already show up in my states bus. registry but they show as inactive. Does anyone know if i can still pick those names?
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10-21-2009, 03:40 PM	#2
Dan C. Rinnert I have a lame list. War Room Member Join Date: Jul 2008 Location: One Second into the Future Posts: 4,256 Blog Entries: 1 Thanks: 811 Thanked 2,176 Times in 1,003 Posts Social Networking	Re: Incorporating, can you pick inactive corp names? Lawyer up. ;-) A business may be inactive, but its assets could have been sold, which may include the trademark to its name. Borden is a good example. The company is defunct, but its trademark was sold. You'll still see the Elmer's brand on products and there's a milk company that licensed the Borden name. So, I would say that seeing a company as inactive in your state's directory is probably not sufficient information to base anything off of. On top of that, what if the company whose name you choose had a bad reputation? People see the company seemingly start up again, and you might be getting calls from people demanding their money back for actions of the prior company. I'd talk to a lawyer specializing in such things.
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