DBA mix-up

[stephanie_martino]

I just filed online for my DBA. I searched my business name through the PA open for business website and it came back with no results so I filed that name. Later, I was searching my business name just for fun online to see how many other people use that name in the country. Well my search results showed one in PA! So I went back to the PA website, searched again and it came up. I'm assuming there can't be 2 of the same names in the same state (both photography businesses), so will I have to pay the $70 again to go with a new name? This just happened literally 2 hours ago, and I already put an email in to them about it. I don't mind changing the name around but I'll be sick if I have to pay again!

[Jerry_]

<p>You might try a written letter to your state office that runs the web-site you registered on. There may be a way to have the first $70.00 go towards a second name due to the web-site having less-than-good info on it.</p>

<p>It won't hurt to use one stamp on a letter.</p>

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[leicaglow]

<p>You would think PA would not allow two identical names to be registered. Are you sure the other one is in business? A lot of times they are expired or out of compliance, which often means you can register the same name as a different entity.</p>

[will_daniel1]

If you registered "Stephanie Martino DBA Photopop," that is not the same as "John Smith DBA Photopop." I suspect that may be the difference, in which case I wouldn't fret over it.

[ianivey]

<p>In most states, the registrar will reject DBA registrations for names that are <em>identical </em>(i.e., letter-for-letter) to a prior-registered name. If your application differs by one letter, the registrar will normally accept the registration. Government application fees are rarely refundable once you submit, but the application instructions likely explain this -- just look over the instructions you followed when you applied, and you'll see whether the fee can be refunded.</p>

<p>There's a separate matter of trademark which you did not inquire about. Owners of new businesses often mistake the availability of a name on the DBA register of secretary of state/commonwealth with the right to use a name that may be confusingly similar to another prior-existing name.</p>

<p>For example, if you attempt to register "Photopop" as a DBA with the secretary of the commonwealth in PA, and another business has registered "Photopap" (differing only by the letter "o" vs. "a" at the end), the secretary will register your DBA, but your use of that name may infringe the trademark of the other prior-existing business because the two names are similar in sound and appearance.</p>

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[ted_suss]

<p>In Illinois, there can be multiple DBA's but not duplicate corporations.....-TED :-)</p>