Legal Question in Business Law in Missouri

i own the business name, "Plumb-rite,llc" I have since 7/14/2004. my question is: can anyone else use this name, and if no what legal recourse do I have?


Asked on 3/02/11, 5:22 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. Unless your protect the words "Plumb-rite" as a registered service mark and trademark, anyone else who is not in your immediate geographic trading area can freely use that name. Merely forming an LLC with that name does little more than prevent others from forming an LLC with that name. In fact, others may have filed for trademark or service mark registration rights at the federal level before you started in 2004 and could have superior rights that trump yours with significant adverse legal consequences to you. Consult with a good trademark or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/02/11, 6:36 pm


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