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
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.