In most states, more than one sole proprietorship (DBA registration only) can have the same name. To be the only business to use the name, you must register as an LLC or a corporation. For instance, in my state I am registered as an LLC and I must indicate that in my business name, such as ABC Services, LLC. However, someone else can register a DBA as ABC Services and it would be legal. They would not be able to register an LLC or a corporation with that name, however. Therefore, to protect yourself, you really need to trademark the name.

I do agree the there is no two the same name when it comes to domian name and thats a good way to build up your name in the online community.   But I am confuse ... I taught that once you register a business name no one in the same state can have the same business name.  Isnt there's a law that help protect the name of the establishment you are trying to build up ? I know franchising is different.    

agree with the URL method, if you are doing business online.   actually you may even derive your business name from your URL (if you haven't decided yet). turn to google for some good idea in finding an attractive domain name (which is usually hot keywords), and use it as your business name.

Establishing and protecting a businessname comes in two parts. The first is through mandatory government regulations; these are the minimum requirements that allow you to operate under a chosen name. Double check that you're in compliance with government laws by reviewing the Business Name Registration page. In actuality, these regulations, which generally involve registration with your Secretary of State's office, are operational and give little overall protectionto keeping your name. The date of 'first use', rather than the date of registration, holds superiority when it comes to awarding exclusive rights to the use of a name. Therefore, simply registering is not enough.? All prudent business owners should follow these tips to ensure their business name is secured by all possible precautions: * Protect Your Business Name - Or Risk Losing It! * How to Legally Protect Your Business on a Local and National Level

Unless you do something like trademark you business name, the only thing you can do is register it on the state level by incorporating or registering it at your local county courthouse as a DBA. Once that is done, that name is resevered for you only, at least as far as the authority of the county and state go. Most of the time, unless you are starting something that will be on a national or international level and then something that is going to be REAL big. The county or state level should do for most businesses. If you plan to market your business online, then I would recommend that as part of your business marketing online strategy that, if at all possible, your business name has your 'money keywords' included in the name. It would be even better if those keywords are available to get a .com or .org domain with those exact keywords. This is often not possible or feasible as you don't want an awkward name for your business. But, it is worth doing some keyword research and domain checking just in case. ie. Bryan Tx Plumbing would be a better name than Joe's Pipe Service. Or Austin Dental Implants would be better than Dr. Bartsmith's Dentistry. Both of those names are keyword specific for keywords that will bring them from 200 - 800 direct visits per month just because of the name they picked. ---This post was edited to remove a commercial link. Read our discussion policies for more Community best practices.

I suppose that is one main difference between an offline and online business.  With offline you can have several franchise owners all have the same name i.e. McDonalds,  Starbucks etc because they buy the brand.   Even if you do that online, your business will still be your unique business because of your domain name.  No 2 URLs can ever be the same so it is an opportunity to brand yourself.   As 'aimfr2112' states, think long and hard about your domain name and where possible have your money phrases in it.    I posted some videos about how to do that over the weekend and you are welcome to check those out on my blog if you want help choosing the right domain name.   Good luck with your business