Colts Neck, NJ asked in Business Law for New York

Q: Hello I need help with my business, I saw someone using my business name, I have my business over 30 years

Related Topics:
2 Lawyer Answers

A: More information is needed.

Jack

A: Generally, a business can help protect its name through registration of the business name with the US Patent and Trademark Office or within the state where the business is located. Registration provides evidence of ownership of the trademark for use in commerce. If there has been no registration of the name, there could be common law protection through the first in use if there is evidence of the first in use of the name in the marketplace in the jurisdiction where the use occurs. You would want to consult an attorney to review the facts and law to determine how to protect your business name.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.