Can a business name be changed after the EIN was already requested online and confirmation letter received from the IRS?

Litigation 4 views 3 answers
I forgot to perform the name search prior to requesting the EIN online and didn't realize it until after the EIN was already given. At this point, I performed the search and found that two other businesses in the state already carry the same business name I selected. Is it ok to have multiple businesses with the same name in the same state? Can I contact the IRS to have the name changed to something different at this point? If so, how do I go about making the change.

Attorney Answers

3
Nancy Lanard ·
Your question does not indicate if you formed a corporation or limited liability company (LLC) and obtained the EIN for that entity. If that is the case, then you will just need to file amended articles of incorporation or amended articles of organization with the Commonwealth. It will not impact your EIN except that you will need to notify IRS of the name change. It is OK to have 2 businesses with the same name in the same state as long as you are not violating their trademark. If you are all in the same category of business and general geographic marketing area and it is likely that your business will create "confusion in the marketplace" as to who you are in relation to them, then it would be a trademark violation that could result in litigation. If you are, for example, ABC Carpets and they are ABC Linens and ABC Tutoring Center, then it shouldn't be an issue. Please let me know if I can assist you with this. If you found this answer helpful, please mark it as a "best answer".
0 upvotes
Michael Brooks ·
Law Offices Michael J. Brooks, Esquire (215) 230-3761 [email protected] “Perspective from the Legal Vantage Point” www.Law-Brooks.com Yes, business owners and other authorized individuals can submit a name change for their business. The specific action required may vary depending on the type of business. If the EIN was recently assigned, send Business Name Change requests to IRS-Stop 343G, Cincinnati, OH 45999. In some situations a name change may require a new Employer Identification Number (EIN). Follow the chart at the below link to determine who the authorized individual is to make the business name change for your type of business.
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P Adam DavisMergers / Acquisitions AttorneyIndianapolis, IN ·
Yes, business owners and other authorized individuals can submit a name change for their business. The specific action required may vary depending on the type of business. If the EIN was recently assigned, send Business Name Change requests to IRS-Stop 343G, Cincinnati, OH 45999. This is as easy as writing a letter on company letter head explaining the change. However, be cautious. A change of an official company name is rarely necessary. Most of the time, the trade name will suffice (i.e., ABC, Inc. d/b/a John Doe's PUb to ABC, Inc. d/b/a Sally's Pub). If it is the latter, no EIN change is necessary and the process is far easier.
0 upvotes

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