Q: Do I have a legal right to my registered trade name in my county where my trade name is registered? To prevent anyone

I need to know if I have legal right to prevent anyone from using my trade name? I sold my business but never sold the trade name for the business what are my rights for my trade name?

1 Lawyer Answer
Tania Maria Williams
Tania Maria Williams
Answered
  • Trademarks Lawyer
  • West Palm Beach, FL

A: Usually, in the sale of a business, the sale agreement includes the goodwill of the business and its name. Your rights in the name will depend on what the agreement says as to ownership of the name. If, in fact, you did not sell the name, then your rights are dependent on how you are currently using the name. Trademark protection is based upon use or intent to use so if you're not using the name, your rights may be limited or non-existent.

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