Naming

I picked a name and someone else registered it before me

Started by copperteapot • November 13, 2026 • 15 replies
copperteapot
copperteapot November 13, 2026 at 12:27 AM

Spent a couple weeks brainstorming a name for my LLC. Did the searches, nothing on the state site. Went to file today and it's taken. Not just similar, exactly the same. I'm kind of stunned. Any idea if it's worth trying to fight this or do I just accept my fate?

velvetjigsaw
velvetjigsaw November 13, 2026 at 12:37 AM

If it's an exact match on the state registry, your paper's dead in the water. The state doesn't care Who thought of it first in the shower.

angrytoaster
angrytoaster November 13, 2026 at 1:10 AM

That sucks. I had a client (not legal advice, I'm not a lawyer) who lost a name to a guy in a different county who filed literally a day earlier. There's no race except who hit submit.

mossontherock
mossontherock November 13, 2026 at 2:00 AM

Your paper's dead, but your trademark might not be. Did you actually use it in commerce yet? A state registration doesn't beat a federal mark if you were first in the market.

copperteapot
copperteapot November 13, 2026 at 2:29 AM

No commerce. I was just trying to set up the shell before doing anything. I didn't want my home address attached, which is part of why I was going slow—was looking at registered agent options. Probably overthought it.

velvetjigsaw
velvetjigsaw November 13, 2026 at 4:23 AM

This is why you file a placeholder. I get being careful with privacy, but an anonymous LLC still needs a name on record. You can change the name after.

angrytoaster
angrytoaster November 13, 2026 at 6:07 AM

There's a service that'll do a name pre-check and reserve it for a few months for like $25. Would've saved you the grief.

mossontherock
mossontherock November 13, 2026 at 6:41 AM

Reservation only gets you so far. If the other guy already filed, he owns it. A reservation earlier might have tipped you off but wouldn't necessarily help now.

tiredpixel
tiredpixel November 13, 2026 at 8:09 AM

lol. I had the same thing happen. I just added "Holdings" and filed an hour later.

velvetjigsaw
velvetjigsaw November 13, 2026 at 8:23 AM

You can also check the Secretary of State business search for past names that were dissolved. Sometimes you find something almost identical that's free.

copperteapot
copperteapot November 13, 2026 at 8:56 AM

I appreciate the replies. Not sure it's worth fighting for a name that's a common enough concept, but I didn't know about name reservations or any of that. I'll look into it.

mossontherock
mossontherock November 13, 2026 at 9:55 AM

Honestly if they registered it and never use it, that's their problem. You might be able to petition for the name after a couple of years of non-use. But you'd need a lawyer for that ngl.

angrytoaster
angrytoaster November 13, 2026 at 10:06 AM

Name disputes at the LLC level are state-specific and generally not worth the filing fees unless you're talking about a brand worth real money.

velvetjigsaw
velvetjigsaw November 13, 2026 at 11:21 AM

I'd just file two backup names and move on. Not worth the headache.

copperteapot
copperteapot November 13, 2026 at 11:36 AM

Yeah, probably what I needed to hear. Thanks all. Still annoyed.

tiredpixel
tiredpixel November 13, 2026 at 12:50 PM

Yeah. Also—if you really care about that exact name, consider a DBA or a subsidiary. You could use it as a trade name even if the LLC is something else.

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