Legal Question in Business Law in Pennsylvania
business name conflict
In 1990, I opened a clothing store under a certain name. Two years later, I closed the store. Six years later, I closed my bank account. Sometime within that six years, I bought the domain name (dot com) of my business, thinking I would someday re-open.
Now there are several businesses using this name in different forms, and I would like to reopen a business with this name. I still own the domain name, but there are business with this name as a trade mark, and some incorporated.
What can I do?
2 Answers from Attorneys
Re: business name conflict
The fact that you closed the store with this name may have caused your trademark rights to lapse. Trademarks must be continually used in connection with a product or a service, otherwise the trademark holders can lose their protection.
Re: business name conflict
Even though you lost your trademark ownership, you may be able to negotiate with the current trademark owners. The current owners may permit you to use the name, if your store does not involve the same type of business or merchandise. They may be willing to grant you this permission, in exchange for your domain name. This is just an idea. Call a business lawyer and brainstorm. You may have more options. Good luck. Sharmil McKee. Business Attorney. Philadelphia, Pennsylvania.
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