ABC Condo Association, Inc. is a non-profit corporation of the state of BIG-STATE [no specific names, states, or advice, sorry]. Our By laws state this and were filed/recorded in XYZ County on DATE. Another condo project, with in few blocks and in the same town is being built and using the same name. Does our Inc., and legal filing prevent them from using our "ABC Condo" name?
Setting up an entity does not guarantee you the right to use the name other than for the entity. If you really want to protect a name you have to hire an intellectual property attorney to verify its availability, and take steps to protect it. However, if you've named a property corporation or entity using the unique name of the town it's located in, another entity should not be able to be formed with the identical name. If you formed a corporation called "ABC Condo Association, Inc.", the state should not accept a filing "ABC Condo Association, LLC". However, the state may view as sufficiently independent "ABC Condo Property LLC", as there are key words that are different. You should hire an intellectual property attorney or corporate attorney.
The by laws are not really relevant. The issue is what state filing did the state accept and if the names are so identical that they should not have.
If the other association's name is too close to yours, your attorney should contact and inform them to change.
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