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Can I use a DBA that is someone else's corporation name?

Asked by: Juliette  — 19 September, 2012

In Suffolk County NY there is a corporation with the same name that I am currently seeking as my DBA. Is this allowed? Can others use the same DBA name as well?

Answered by: admin  — 19 September, 2012

Dear Juliette,

In New York State corporations are registered with the Secretary of State, while DBAs are registered either with the Secretary of State (if the DBA belongs to an organized entity), or on a county level (for sole proprietors and general partnerships).

Theoretically you could register a DBA in any county in New York, even if there is a corporation with that same name already registered with the Secretary of State. However the legality of such registration would be questionable. You should probably ask your county clerk office directly if such registration is permitted or not, or consult a NY licensed business attorney, if this name is really important for you to use.

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