Many people believe that if they incorporate a business using a particular name then no one else can use that name for their business. That is not correct. Another business could file a Fictitious Business Name Application and have rights to use the name. Another business could incorporate in another State using that same name. Also, in some States if you incorporated one type of entity using a particular name (for example, a corporation), another business could incorporate even in that same State as a different type of entity (for example, an LLC) using the same name. The best way to protect your rights to a particular business name is to register the name as a trademark.