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Posts tagged "trade name"

How can I prevent someone from using my trade name?

Is your trade name, the name of your company, protected across the US?  What is a trademark and is this something that is important for your business?  Lets say you have been in a business for some time and find out there is another business by your exact name name doing what you do, perhaps in a different state? The good and the bad of the intent is that anyone doing anything can make a website or internet listing that will come up when the name is searched, and you find out that you are not the only one with the interesting name you "made up." Filing for a trademark can give you that edge you need. A federally registered trademark covers the whole United States. Once registered you will have superior rights to send out your cease and desist letter to the other business. While there are rare situations that can defeat a trademark (for example the other business has been around many more years that yours and had an established reputation in at least it's local community, there are what's "called common law rights." But again with the internet there is generally no more "local community" for businesses that gain the majority of their business from the internet. What if you don't have a trademark, what can you do. There are no cross referenced by state for corporate names for example, so it is possible that there can be 50 different companies all with the same name one in every state. Even the internet has conflicting URLs with the .com and .net. It is difficult to claim ownership to the main name absent the extension. Trademark law and conflicting names is tricky. Call me today for a consultation on your specific situation.

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