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I have a similar name for a physical therapy practice as someone in another state, with minor differences and I am now trying to build around my name but don't want to invest money in something that might be already have trade marks.
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Businesses are incorporated by state, so someone in another state can have the same name. Your name is only reserved in your state. It would be rare to trademark a name of a small business, which is a Federal process unrelated to the name of a corporation. A corporation can trademark its name, like "Disney", but it is an expensive process. Even if you did trademark it, if the other person is using their actual name, or common words, you might lose a lawsuit to force them to change the name.
Answered on Jun 09th, 2013 at 7:27 AM