Q: Someone gave me the name to my business. If we separate is there anything he can do to take the name of my llc?
He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.
A: Know the difference between the legal name of the business and the trade name, if there is a difference. As an example, Coke could be the trade name for the Coco-Cola Company, Inc. (legal name). You might want to register the trade name with the state's Secretary of State's Office, assuming there is one.
A:
Since the individual who provided the name is not a part owner of your LLC but may claim it as their intellectual property, it is important to address this issue to protect your business.
First, verify the legal ownership of the business name. If you registered the LLC under this name and it is officially recognized by the state, you have a strong claim to its use in a business context.
However, intellectual property rights can complicate matters. If the person can prove that the name is their intellectual property (e.g., through prior use, trademark registration, or creative origin), they might have grounds to challenge your use of it.
To mitigate potential disputes and ensure that everything you are building remains secure, consider trademarking the name. I recommend scheduling a consultation with an attorney to review the specifics of your situation.
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