Register free!
Search
 
     

The Green Industry's Resource Center


Click for Weather
Reply
 
Thread Tools Display Modes
  #11  
Old 06-05-2009, 08:27 PM
mikey.hill's Avatar
mikey.hill mikey.hill is offline
LawnSite Member
 
Join Date: Jul 2008
Location: Vail, Colorado
Posts: 145
Visit http://www.uspto.gov/ and see if there is a trademark on that name. The simple fact that you registered it in your state only gives you limited protection but the fact that you're in competing business within the same region gives you leverage. Even trademarking a name does not guarantee protection in these cases but under yours it would be covered. Now say some other company in an industry registered the name and you had already trademarked it, the legality of that is o.k. since you would not be competing.

One thing you should do while waiting to have your name/logo trademarked is put it in a sealed envelope, mail it to yourself and keep it unopened when it arrives. If there are ever any issues as to who trademarked first you can present your unopened name/trademark as proof that you owned it first.
Reply With Quote
  #12  
Old 06-06-2009, 08:49 AM
Chilehead's Avatar
Chilehead Chilehead is offline
LawnSite Bronze Member
 
Join Date: Feb 2007
Location: Stockbridge, GA
Posts: 1,787
I will say that I am a sole proprietor. I don't know what the other guy is. Also, although his logo is different the trade name is the same as mine. Consequently, I did a search for my business name and there are 6 other companies nationally using my business name, but none of them have it registered with the Federal Trademark Office (whatever it's called). If I formally register would I have legal recourse to make the trade name exclusive to my business only?
Reply With Quote
  #13  
Old 06-06-2009, 02:50 PM
Precedence's Avatar
Precedence Precedence is offline
LawnSite Member
 
Join Date: Jan 2008
Location: Windsor, ON
Posts: 50
This thread has been done before, go to this site and read up about trademark law:

http://cyber.law.harvard.edu/metasch...omain/tm.htm#1

Also go and read this thread, some of the same issues were hashed over in there:

http://www.lawnsite.com/showthread.php?t=267844

This is a quote from me in that thread:

Quote:
Trademark laws in the US and Canada are very similar, trademarks are automatically given to companies that use a name or symbol in a given regional location and a regional location can be as small as a specific county. So there can be many "Someguy Lawn Care" all over the country. However if an owner goes the extra step of registering the name "Someguy Lawn Care" with the federal Patent and Trademark Office then the name "Someguy Lawn Care" can only be used by that one owner in the whole nation. The exemption to this is limited, however, to the extent that the mark is already being used by others within a specific geographic area. If that is the case, then the prior user of the mark retains the right to use that mark within that geographic area; the party registering the mark gets the right to use it everywhere else. So an already existing "Someguy Lawn Care" in Chicago could still use it there but no new "Someguy Lawn Care" could be started anywhere else since the person who registered it has exclusive rights to use it everywhere else.
Reply With Quote
  #14  
Old 06-06-2009, 03:09 PM
Greg78's Avatar
Greg78 Greg78 is online now
LawnSite Bronze Member
 
Join Date: May 2008
Location: Southwest, FL
Posts: 1,842
What is the name in question? I think LLC registration is only done with the state. So in theory you could have the same name operating in different states.

You will have to do some research, he possible has a different type of business entity. LLC, CORP, Sole Proprietorship, or Partnership etc etc.
__________________
My Facebook Page
Reply With Quote
  #15  
Old 06-06-2009, 05:51 PM
longblade longblade is offline
LawnSite Member
 
Join Date: May 2009
Location: F.W. TX.
Posts: 38
Quote:
Originally Posted by lilweeds View Post
Not true a DBA can be registered over and over. If you are a corp or LLC that give you some protection. Now if he was using you logo there's a problem. It will cause both of you headaches down the road, so one of you should change it.
Not in Texas. Once you register your DBA name its yours. It covers your county and state. Odds are the other guy has not filed for a DBA. Also, if all you have done is register a DBA name and not Incorporated, then you are sole proprietor.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump





Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Copyright ©1998 - 2012, LawnSite.comô - Moose River Media
All times are GMT -4. The time now is 11:50 AM.

Page generated in 0.08218 seconds with 9 queries