There’s another company with our name. Should we find a different one?
Michelle Fernandes, Lead Counsel at Index Ventures US: In the United States, name availability varies state-by-state, and should be determined by checking with the secretary of state in the state you wish to incorporate your company within.
“It is best to incorporate and form your company in a timely and correct manner, and you can always sort the naming later, closer to your company’s public launch.”
If the exact name you want has been taken by another company, one thing you can try to do is incorporate your company under a different name and then file a DBA, a “doing business as” designation, in the city or region where you will operate. If successful, you will get to use the name you want publicly, although your legal name may be different.
Additionally, you should check to see if the name you prefer to use has been trademarked to make sure there aren’t legal issues with your operating under a name another company may be using. It is not uncommon for startups to change names, especially in the pre-launch stage, or have different legal and public names. It is best to incorporate and form your company in a timely and correct manner, and you can always sort the naming later, closer to your company’s public launch.
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