Legal, Tax, and Accounting May 13, 2020

Ask IH: Should we register as a C-Corp in Delaware when a trademark for the name exists?

Ilango @ilangorajagopal

Hello! I'm Ilango, founder of For the past few days my co-founder and I have been contemplating registering our business as a C-Corp in Delaware via Stripe Atlas.

We realized that an LLC already exists in Delaware with the same name (Google search reveals the company is probably defunct by now) and a Trademark search on US Patents & Trademark website reveals there is a trademark on the name EasyAuth.

Being non-residents of the USA, we're unable to gather enough valid info online and decide if it's still a safe option to continue registration with the name EasyAuth? Are there any workarounds? Is it better to just change the name altogether?

Please help us with some advice :)

  1. 2

    If the company exists and the trademark exists, then registering under that name is a clear NO.
    If you doubt that the company doesn't exist anymore, you can hire someone to research it for you to ensure that your path is clear.

    1. 1

      Yeah. We ended up consulting a lawyer.

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