Can I Name My Business “Eric Embedded Engineering LLC” in Washington?

Question from Eric, Can I Name My Business “Eric Embedded Engineering LLC” in Washington?

Answer from AI:

When starting a new business, choosing a name is one of the first and most important steps. In Washington State, as in many jurisdictions, the name you select for your business must meet certain legal requirements and should not infringe on the rights of existing businesses. Here’s a general overview of what you need to consider to determine if “Eric Embedded Engineering LLC” is a viable name for your business, focusing on uniqueness and potential infringement issues.

Understanding Business Name Requirements in Washington State

In Washington State, the Secretary of State’s office is responsible for business registrations. They have specific guidelines for naming a business:

1. Uniqueness: Your business name must be distinguishable from other business names already on file. This helps prevent confusion among consumers and helps protect each business’s brand identity.
2. No Misleading Names: Names that could mislead the public about the nature of the business are generally not allowed.
3. Required and Restricted Words: Certain words like “LLC” are required for limited liability companies, while others, such as “Bank,” “Attorney,” and “University,” may have restrictions or require additional documentation.

Assessing Name Similarity and Potential Infringement

When considering the name “Eric Embedded Engineering LLC,” you need to evaluate both the legal and practical aspects of using a name similar to existing businesses, such as “Embedded Engineering LLC” and “Embedded Engineering Solutions Inc.”

• Legal Distinctiveness: Adding your first name to the business name does contribute to making it legally distinct. This is often sufficient to meet state registration requirements, especially in fields where descriptive terms like “Embedded Engineering” are commonly used by multiple entities.
• Trademark Considerations: Beyond state registration, you should also consider whether “Embedded Engineering LLC” or “Embedded Engineering Solutions Inc” have trademarked their names. A trademark search through the United States Patent and Trademark Office (USPTO) can help identify potential conflicts.
• Industry Practice: In technical and professional fields, it’s common for business names to include descriptive terms related to the service provided, along with a personal or geographic identifier to create distinction.

Steps to Take Before Finalizing Your Business Name

Before deciding on “Eric Embedded Engineering LLC,” consider the following steps to reduce the risk of legal complications:

1. Perform a business name search on the Washington Secretary of State’s website to ensure your desired name is distinguishable from existing names.
2. Conduct a trademark search through the USPTO database to check for potential trademark issues.
3. Consider consulting with a legal professional specializing in intellectual property and business law. They can provide advice tailored to your specific situation, including an in-depth analysis of potential infringement risks.

Conclusion

While adding your name to “Embedded Engineering” likely provides enough uniqueness for state registration purposes, it’s crucial to also consider trademark implications and the practical business impact of having a similar name to existing companies in your field. Consulting with a legal professional can provide peace of mind and help ensure that your business name doesn’t infringe on the rights of others.

Note: This information is intended as a general guide and not as legal advice. Business naming regulations and trademark laws can be complex, and the specifics of each case can lead to different outcomes. For personalized advice, please consult with a legal professional.