Utah Letter of Consent to use Similar Corporate Name
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How to fill out Letter Of Consent To Use Similar Corporate Name?
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FAQ
You can theoretically have a different corporate name, business name and trademark. For example, your corporate name could be 1234567 Ontario Inc., your business name could be Bakery X, and your trademark could be Sweet Treats used in association with baked goods and bakery services.
Can Two LLCs or Companies Have the Same Name? Yes, with some exceptions. When you're forming a corporation or an LLC in a state, the name must be unique to your business within that state. Others can form LLCs and businesses in other states that have the same name as yours.
Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). The guiding principle is consumer confusion. If the two marks identify different products and operate in different markets, consumers are not likely to be confused.
You can register a Trademark online . You will need to create an account to manage your trademark. If you wish to register your Trademark inhouse, you can use the application for a Trademark. Make sure to check the box New Filing.
All businesses in Utah are required by law to register with the Utah Department of Commerce either as a "DBA" (Doing Business As), corporation, limited liability company or limited partnership. Businesses are also required to obtain a business license from the city or county in which they are located.
If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours. Trademark issues can be complex. In trademark infringement cases, courts look at whether consumers would be confused by two businesses that operate in the same industry.
Registering a business name in Utah is done when you form your business entity (LLC or corporation) with the state. You must first choose your business structure, then do a business name search to ensure name availability. Afterward, you must form your entity with your business name with the state.
To reserve a business name, you must file an application by mail. When reserving your entity name, you will have to pay a filing fee. Checks must be made out to the State of Utah. Applications can also be faxed with a cover sheet with credit card information.
Utah LLCs have to file a completed Articles of Amendment to Articles of Organization form with the Division of Corporations and Commercial Code. You can submit by fax, mail, or in person. If you choose to fax the document, you will need to attach a Fax Cover Letter. The filing of an amendment comes with a $37 fee.
Protect Your Business Name With a Trademark (Optional) Once you confirm the availability of your business name and secure it, you can choose to apply for a trademark for your business. This typically costs around $225 to $400 plus any attorney fees as well as a renewal fee every 10 years.
