Legal Question in Intellectual Property in Texas

Business Corporation Name

If I start a business and incorporate it has, hypothetically, as--name removed---name removed-- inc and then do a DBA at the local courthouse as--name removed--s Tacos can some one a few years later form a corporation 50 miles away in the name--name removed--s Tacos, Inc serving tacos and make me change my name? This is in Texas

Asked on 4/17/09, 10:24 am

2 Answers from Attorneys

Johm Smith tom's

Re: Business Corporation Name

I don't see the names in intended to show, but that is best if you haven't claimed them for yourself yet. You can file for state or federal service or trade mark protection and that will protect your name in the state or US.

Read more
Answered on 4/17/09, 10:33 am
Charles Williamson Charles J. Williamson, Attorney At Law

Re: Business Corporation Name

It depends. If the corp. was using the name before you, and they were using it only 50 miles away, and they are also in the business of selling tacos, then chances are that they can, indeed, make you change the name of your business. What you're talking about is trademark/service mark. The principle thing that establishes a mark is its use, such that the business becomes identified with the mark. It doesn't even have to be an exact duplicate. It can just be "confusingly similar" to the other mark. The second item to consider is whether the two contenders for the mark are, essentially, in the same kind of business. In your case, this is true - you're in the same kind of business. After a mark has been used continuously for a certain length of time, the "owner" of the mark can also have it registered at the Trademark office. The corporation may have already done this. You need to get all the facts together before a reliable answer can reasonably be given to your question. Hope this helps.

Read more
Answered on 4/17/09, 11:40 am

Related Questions & Answers

More Intellectual Property questions and answers in Texas