Business name: Legal or Not?

Discussion in 'Business Operations' started by Chilehead, Jun 4, 2009.

  1. mikey.hill

    mikey.hill LawnSite Member
    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.
     
  2. Chilehead

    Chilehead LawnSite Bronze Member
    Male, from Stockbridge, GA
    Posts: 1,898

    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?
     
  3. Precedence

    Precedence LawnSite Member
    Posts: 50

    This thread has been done before, go to this site and read up about trademark law:

    http://cyber.law.harvard.edu/metaschool/fisher/domain/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:

     
  4. Greg78

    Greg78 LawnSite Silver Member
    Posts: 2,010

    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.
     
  5. longblade

    longblade LawnSite Member
    Posts: 38

    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. :waving:
     

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