Question about business name

Okay, so I decided on a business name "ICON Sports Photography". It's a play on my name, Ian O'Connor. So I do a google search and I find that someone else, in North Carolina, already has this name (http://iconsp.com/). Would there be a problem with me having that same name since I'm based out of Iowa? My business will be a sole-proprietorship.

Thanks for the help.

not unless they are a corp and registered in your state.

http://www.secretary.s​tate.nc.us/corporation​s/CSearch.aspx

I checked here and I can't find their name under the list of NC corporations. So, even if they are a corporation in NC, I can still use the name in Iowa?

Bear in mind, it's a two-way thing. I'm sure neither you, nor Icon Sports Photography in North Carolina would want potential customers visiting the "wrong" web-site?

TJ

No problem to use it.

In fact, you should REGISTER the TRADEMARK then its YOURS NATIONALLY no matter who does what later.......... (Even though the other guy was first....)

Mark H

Yu can use it unless, as stated, they already registered in your state. You are far enuf apart to not bother each other. And I doubt ( sorry) that either of you will grow into each others terratory. But definatley register the trademark right away.

If I were you I would check with an attorney that specializes in setting up businesses. We recently ran into a problem with my husbands business. We live in Tennessee and filed for an LLC. The paperwork was approved. A man that had the same company name registered in the state of Ohio gave us a call out of the blue one day. He claimed that he had been using that name first and that it was his trade name. He did not have a trade mark with the state. He said he occassionally provided services to some customers in Tennessee.

The attorney we originally used to set up the LLC contacted another attorney that specializes in setting up businesses and we were told we needed to change our name. The attorney did tell us that if it ever came to a lawsuit, we could probably win it, but it would end up costing us lots of money.

We are still in the process of changing everything and are now paying attorney fees for the consulted attorney.

There are also two types of trademarks - trademarks filed with the state and trademarks filed nationwide. State trademarks for Tennessee are around $80. Nation trademarks are very expensive. A state trademark only protects your name within that state in which it is filed.

It pays to get someone knowledgeable to guide you the first time around.

So, since he doesn't hold a nationwide trademark, if I register for one, I would be fine?

*edit: A trademark registration in Iowa appears to only cost $10, as opposed to around $300 for a national one.

ajanes you need to hold on to the tradrmark, dont give it up. And bug him back for doing business in your name. And try to see if you can make him pay your fees.