If a name is conflicting, it can be registered only in the cases where consent is given by the company who has the conflicting name. What If My Business Name Is Not Distinguishable Upon The Records? If a fictitious name is filed by a general partnership or if they file a Statement of Partnership Authority, the name will be treated as fictitious. If the general partnership decides to file for a trade name registration, they must make sure their name is different from other registered corporations. General partnerships can file their business name as a fictitious name, a trade name, or on the Statement of Partnership Authority, which would be treated as a fictitious name. For example, if "Larry's Ice Cream" is a registered fictitious name, another company could be registered as "Larry's Ice Cream, Incorporated" since the names don't need to be distinguishable. Fictitious Namesįictitious names, however, are not required to be different from other registered business names. If the name isn't different enough from another business that's in the records, it can't be registered.Īs an example, a business asking for the name "XYZ Corporation" won't get approved if a business already exists with the name "XYZ LLC," because they are too similar. When a filing request comes into the Secretary of State asking to register a business name, that name will get compared to every other name that has been registered in the past. Some types of business names must be "distinguishable upon the records" from other businesses that have a hold or active status. When Is a Business Required to Be Distinguishable Upon the Records? There are extra requirements and restrictions on some business names. According to the law in Ohio, a new name for a business must be different enough from other registered businesses' names to avoid potential conflicts.
A registry of business names is kept by the Ohio Secretary of State. Performing an Ohio LLC lookup ensures a business name isn't in use for a new company who wants to use it.
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