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Ask Alex Reese Your Own Question
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3446
Experience:  Experienced in intellectual property law
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I want to register a trade name, in Arizona that someone

Customer Question

I want to register a trade name, in Arizona that someone else is using but they were dumb enough not to register it or incorporate it. do they have president over me if I grab it?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.

trademark rights are ultimately based on actual use in commerce, so if it came down to a dispute, the first and continuous user in commerce would have priority

Expert:  Alex Reese replied 1 year ago.

of course if there is no conflict or dispute regarding likelihood of confusion between the marks, then it won't ever come up....but the first user in commerce will have the priority (assuming they continue to the use the mark)

Customer: replied 1 year ago.
its actually a trade name not a mark.???
Expert:  Alex Reese replied 1 year ago.

The trade name used by a company is the official name under which they conduct business...Filing taxes, billing, and formal identification are all examples of issues that could fall under a company's trade name. It's first come first serve as far as registering the name with your state.

Customer: replied 1 year ago.
last question they file under a different corporate name completely, but use the name in question they use as a dba.
Expert:  Alex Reese replied 1 year ago.

I didn't see a question there

Customer: replied 1 year ago.
they use a different corporate name for all business, but the name in question is a DBA, I want to grab it?
Expert:  Alex Reese replied 1 year ago.

you can register the business name with the state if its not taken, but if that name is ***** ***** in commerce then there may be trademark confusion issues so you will be taking a risk

Expert:  Alex Reese replied 1 year ago.

bot***** *****ne, if they are a competitor of any kind then you don't want to use a same/similar name

Customer: replied 1 year ago.
OK thanks great service well worth the money.
Expert:  Alex Reese replied 1 year ago.

best of luck

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