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Business name advice
I am hoping for a reply to a problem that I am having with my corporate identity.
Problem: I have spent eighteen years building my company into a strong corporation in the electrical services field. I have recently become aware of at least eight California firms who have filed dba's to do the same type of services using my name. I am concerned with the possibility that they may get into legal trouble on a project, have financial difficulties or actually screww a lot of people out of a lot of cash and it will reflect badly on me. Solution: I have filed for service mark registration with the Secretary of State. My corporate identity is up to date. I need to know how to proceed and enforce my claim to my business name. Thank you, Mark |
Hire a lawyer that is familar with corporate law.
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Mark...that is somewhat confusing. I have had a number of DBA companies over the years. Once you have registered a DBA, then no-one else is supposed to be able to get the same name...at least that's true in Texas. The State should enforce the 'uniqueness' of your name as part of the DBA process.
I therefore assume that every one of these other companies has NOT registered, and so, as Warren recommends, you need to contact a lawyer to issue multiple 'cease and desist' orders to stop using YOUR name for THEIR businesses. Shouldn't be too expensive, as it should be the same letter! Glyn |
Your business name isnt "Dewey, Cheatem, and Howe", is it? lol!
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Here in Hawaii you can 'register' your business name with the state, which keeps others from using it, or at least 'registering' it for themselves. BUT, the registration expires every few years and you have to register again, and again.
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Had the same problem, but two companies did it on purpose.
Get a lawyer and do something. If you let it fester, it will only get bigger until you are answering for their problems. Just my $0.02 :D :D :D |
Thanks guys!!
I sent a note to my lawyer and had him send out cease and desist letters. If that doesn't do it, we file legal paperwork and go after them. Mark |
I simply did a google for my companies name in my state!, Nothing.. I'm not sure that was the correct way but, If I stared using it first, with dated business cards and dated craigslist listings, plus dated receipts for services rendered, I should be OK,,,,,,,,I hope?.
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Perry...not necessarily OK. Google will NOT show all company names unless they have some kind of web 'presence' i.e. their own site, or some kind of online communication that causes Google to be able to crawl and find the reference. You really HAVE to register a DBA with the state to claim ownership, although dated stuff helps...BUT IT'S NOT ENOUGH!!!
Glyn |
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