Legal Question in Business Law in New Jersey

Is it possible to protect the name of a company if I have not registered it as an official business? Im working on establishing the business but its not registered yet. I want to protect the name to ensure that it is protected while I am establishing the business. Thanks.


Asked on 3/05/12, 7:20 pm

3 Answers from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

In certain jurisdictions, you can reserve a potential company's name with the secretary of state. Furthermore, in general, you may register a Federal trademark if have a bona-fide intent to use the name in interstate commerce sometime in the near future. Finally, you may be able to register the name with states individually for intra-state protection, although a Federal registration would supersede any state registrations.

If you have any further questions feel free to contact my office at your earliest convenience.


Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 3/05/12, 7:55 pm
Barry Gartenberg Barry F. Gartenberg LLC

Reserving a name with a state commercial recording office (i.e., Secretary of State) does NOT create any right to use a name or preclude others from using a name. Limited, regional common law trade name/trademark will arise merely by using a name or mark in commerce. Federal Trademark registration will likely grant the greatest degree of protection. State trademark registration is typical of nominal value. Please visit my website for an article I authored on the topic and feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

Please visit my website! www.bgartenberg.com or call me if you�d like to learn more about me or my practice. Thank you.

With best wishes,

Barry F. Gartenberg, Esq.

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Answered on 3/06/12, 4:32 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

The wisest move would be to contact a tax and business attorney to set up a limited liability company in the state where you are going to do business.Once you are are actually in business, it is possible to establish a trade name or trademark depending upon your circumstances.

You should immediately contact a tax business attorney to get specific advice.

I hope this helps!

Ron Cappuccio

856-665-2121

www.taxesq.com

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Answered on 3/06/12, 2:13 pm


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