Issuance of a name by the Corporations Division does not necessarily give a person the exclusive right to use of that name!  Filing with the Secretary of State is not “name protection.”  Many businesses do not choose to incorporate.  The Office of Secretary of State has no record of these and thus cannot search names of unincorporated businesses.  The question of who “owns” a name is a complex one that should be addressed to legal counsel.  Many lawyers will advise you that protecting a name is well down the list of reasons to consider incorporation.