Greencastle, PA asked in Business Law for Maryland

Q: I have a privately own non frachise pizza place but no one ownes the rights to the name.

Can some one open the same type of business with the same name and even better open it with in a mile of my business??? Is there a law to protect me from someone opening a business so close to me?My concern is the distance between such businesses ? My business is in MD

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1 Lawyer Answer
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Crownsville, MD
  • Licensed in Maryland

A: To protect your business you are strongly encouraged to register your trade name. In fact, if you operate under any business name besides your own personal name Maryland law requires that you register it. In addition to registering in the state of Maryland, one can federally register certain trade names / trademarks. However, the starting point (after forming a business entity) is to register in any state where you do business.

Registration is not a 100% guarantee that no one will attempt to use your name (and before registering you must check to make sure your name is not misleadingly similar to other businesses) but once you properly register you have certain legal rights to use the name.

You may want to consider asking a business lawyer to look over your business structure to make sure you have all the formalities in order -- trade name registration is usually done well before you open the doors. I hope this general information helps though it is not specific legal advice.

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