Business name: Legal or Not?

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

  1. Chilehead

    Chilehead LawnSite Bronze Member
    Male, from Stockbridge, GA
    Messages: 1,956

    Just the other day I was out mowing, when lo and behold I see another LCO sporting my business name on his truck word-for-word. So I approach this fellow and point it out to him that I have never seen him before, have been in business since 2002, and have my business name registered with the Secretary of State's office per GA law. He and I were both civil in our discussion and he stated that he honestly did not know that another company (me) already had the name listed, but has no intention of changing the name of his business. Up until now, I have used the common SM (used to use TM) after my logo. I now feel that to prevent the occurrence of my business name being heisted by some newbie that I need to register it with the Feds and thus use the "R" designation. Is this the only action I can take to prevent my trade name from being used elsewhere? :confused:
  2. FYS777

    FYS777 LawnSite Silver Member
    Messages: 2,305

    here in OR. if you are registered with the state and have tax ID #, they can't use your name, this tells me they aren't legal........ that would be my bet....

    CLARK LAWN LawnSite Silver Member
    Messages: 2,526

    same here in ohio talk to your lawyer and press the issue, if he goes around doing shoddy work under that name it could reflect badly on u.
  4. FYS777

    FYS777 LawnSite Silver Member
    Messages: 2,305

    no kidding ,I'd turn the outfit in pronto.
  5. longblade

    longblade LawnSite Member
    Messages: 38

    Same here in Tx. If you have it registered as your DBA with the state or have LLC, or other corporation, they are in trouble! Its up to you to do something about it. He’s making money while using your co. name.
  6. lilweeds

    lilweeds LawnSite Senior Member
    Messages: 595

    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.
  7. bohiaa

    bohiaa LawnSite Fanatic
    Messages: 5,220

    Great advice, I doubt someone else is using his logo. and I doubt it's copy righted
  8. M&S_Lawncare

    M&S_Lawncare LawnSite Member
    Messages: 111

    NOT TRUE you can only register the same name once within your county or municipality as I ran into it with mine. I had to change an & to N looks and means about the same thing but they wouldn't let me register the way I wanted, now if I wanted to wait 2 more years until his DBA expired or if I wanted to track down said company and ask to sell me the name it would have been different....

    And I just noticed I haven't changed or better yet dont know how to change my name on here to reflect it !!!!

    I would contact yr lawyer and send a cease and desist letter to him or you will be filing suit for name infringement and loss of business associated with him having the same name.

    Just my few pennies!!
    Last edited: Jun 5, 2009
  9. LouisianaLawnboy

    LouisianaLawnboy LawnSite Silver Member
    Messages: 2,199

    Get a lawyer to send him a letter. I'll bet that will solve your problem.
  10. lilweeds

    lilweeds LawnSite Senior Member
    Messages: 595

    Not in PA the only names that can not be duplicated are the Corps/LLC. But there again you can add something like "landscaping" to the end of it to get around it. Again one of you should change your name, it will cause you a headache down the road!

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