same name as a competitor

Discussion in 'Starting a Lawn Care Business' started by jrmyj, May 5, 2008.

  1. jrmyj

    jrmyj LawnSite Member
    Posts: 52

    so i was driving the other day and pulled next to a truck with the same name buisness as mine. i incorperated it and did a name search to avoid this but it still happened. anyone with legal knowlege have any advice. if i am inc. does that give me the rights to the name?

    thanks
    jj
     
  2. IN2MOWN

    IN2MOWN LawnSite Platinum Member
    Posts: 4,993



    Incorporating your company has nothing to do with a name. Did you register the name within your state?
     
  3. jrmyj

    jrmyj LawnSite Member
    Posts: 52

    when I looked it up on the state website it only showed my company and not the other guys. so I'm not sure if the company I had file my inc. papers registered the name with the state.
     
  4. IN2MOWN

    IN2MOWN LawnSite Platinum Member
    Posts: 4,993


    Probably not since incorporating has NOTHING to do with registering your name. Being incorporated is just a different way of structuring your business.

    You will need to contact the state to do that.
     
  5. jrmyj

    jrmyj LawnSite Member
    Posts: 52

    thanks for the info. last question, what happens if the other guy is registered and I'm not. can I still conduct buisness under the name?
     
  6. IN2MOWN

    IN2MOWN LawnSite Platinum Member
    Posts: 4,993


    If he has registered the name in your state then he can ask you not to use it and you will have to comply.
     
  7. milkie62

    milkie62 LawnSite Senior Member
    Posts: 833

    Does not even have to ask if he has it registered he can TELL YOU not to use it.
     
  8. PROCUT1

    PROCUT1 LawnSite Platinum Member
    from TN
    Posts: 4,909

    Pro-Cut Landscaping Inc
    Procut Landscaping Inc
    Pro Cut Landscaping Inc
    Pro-Cut Landscaping,Inc
    Procut Landscaping,Inc
    Pro Cut Landscaping,Inc

    Those are 6 totally different company names. I never realized how important a hyphen or comma was.
     
  9. ALC-GregH

    ALC-GregH LawnSite Fanatic
    from PA
    Posts: 7,053

    You can pay to have the name trademarked. Then they can't use it and if they do, you can sue them for name infringement.
     
  10. mngrassguy

    mngrassguy LawnSite Silver Member
    Posts: 2,167

    When I got my Inc my attorney made sure I registered my name at the same time. He also did a very thorough name search.
     

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