Is it allowed & advisable to name our Delaware C-Corp JOURNAL INC
(without a period after Inc) if JOURNAL INC.
(with a period after Inc) is already registered? JOURNAL
is a made up name here, but our preferred company name is also generic.
1 Answer
Even if the filing doesn't get bounced (which is likely), it is not advisable to do so.
The difference is so immaterial that it would be considered fraudulent and would lead to frequent confusion on the part of everyone who uses the contact information at the Delaware secretary of state in the course of communicating with a corporation. In all likelihood, you would be buying yourself a lawsuit from the original name holder who would likely win, quite likely at your expense, once the situation was discovered (which would probably happen in a matter of months).
For example, anyone time someone wanted to sue the original company, they would have a 50% chance of suing you by mistake. And, a dropped period in your name would turn what is merely deceptively similar into something that is an exact copy and misrepresents the entity that is doing business.