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business name how to protect

Discussion in 'Starting a Lawn Care Business' started by greenacresman, Mar 17, 2006.

  1. greenacresman

    greenacresman LawnSite Member
    Messages: 35

    i just found out another guy is using my company name i have it registered at the deeds office. what can i do ?????
  2. gce_ent

    gce_ent LawnSite Member
    from Texas
    Messages: 93

    I believe you can file a Siece and Disist order against them. In order to do business under any other name than your own you must have at minimum a DBA filed with the county clerk.
  3. kingofbling

    kingofbling LawnSite Member
    from dallas
    Messages: 64

    Actually its pretty useless to contact the other company, when you register as a DBA the clerk does not care if the name is being used or not, they dont even check them.

    Go get a lawyer and go from there, you however need to see if they were in business before you or you before them.
  4. Runner

    Runner LawnSite Fanatic
    Messages: 13,497

    Where is he compared to you? In the same county? State? Most DBA's go by the county. If he is in the same county, and you were alreadt registered as that, then yes...you need to go down to your county offices and inform them that they have made a mistake. It is up to THEM to contact this peerson and let him know that all his business cards, his stationary, his cost for his marketing graphics, bank account name, and all else that is involved will need to be changed. This will be on the county. Make sure you have a valid copy of you DBA certificate IN HAND with you when you go down there. Of he is registered in a different county, then unless it is a copyrighted name, there just isn't anything you can do. You must register in each county that you are operating in in order to be assured that YOU are the only one in that county with that name. Even then, this does not stop someone registered from another county from operating in the same county. In other words, is it possible that this guy is registered from the next county, and just coming over and doing work? This is something you may want to look into. Also, it is possible that THIS guy isn't registered at all! In that case, you may want to contact an attorney to draw up a cease and desist order to this company. I don't really see a strong possibility of that though, since they wouldn't have been able to start a commercial account of this name without a valid DBA certificate. Please let us know what you find out about this guy. There is a guy here that really did something like that and used the same name as a friend of mine's business. The guy who DID this is a friend, too. It is just not a good situation, as I know as soon as the ORIGINAL guy finds out (he's a bigger co. and has has his name for over 20 years) that this other guy is using the same name - but with the term "outdoor services" instead of "property services", the stuff is going to hit the fan. Personally, I don't feel they should've ever let the second guy have this name when it is so close to the first guy's name.
  5. ESprinklers

    ESprinklers LawnSite Member
    Messages: 39

    Around here the county clerk will check to insure that no one is using the exact name you are registering. But the keyword here is exact name. If it is different, like "Yourname Lawn Service" instead of "Yourname Landscaping", they will issue the DBA.

    Your only recourse is to see if they guy will voluntarily quite using your name. Of course informing him that you will be turning it over to your attorney wouldn't hurt either. If he refuses to quite using your name, then I would suggest going ahead and contacting that attorney.
  6. TJBlandscaping

    TJBlandscaping LawnSite Member
    Messages: 26

    I was wondering if there is some where online to check in your state and see if your business name is already taken?
  7. Freddy_Kruger

    Freddy_Kruger LawnSite Bronze Member
    Messages: 1,064

    Cost 85 bucks here to check names and it's manditory.
  8. qualitylawnmanagement

    qualitylawnmanagement LawnSite Bronze Member
    Messages: 1,000

    There is thousands of companys who use the name Green Acres.

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