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I want to register an LLC; however, there is a fictious name

Customer Question
with the same name as...
I want to register an LLC; however, there is a fictious name with the same name as I want to register by LLC. Does the fictious name have exclusive rights to the name or can I use it for the registration of the LLC

Example:

Chris ABC
Chris ABC, LLC
Submitted: 5 years ago.Category: Business Law
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Answered in 37 minutes by:
8/3/2012
Business Lawyer: rvlaw, Attorney replied 5 years ago
rvlaw
rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8,387
Experience: NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
Verified

Hi and welcome to Just Answer,

 

This is a common question even asked when the first name is trademarked. Your case has an even more lenient standard.

 

 

 

In a trademark violation case, courts consider 2 factors:

1. Is it exactly the same or is there some variation; and more importantly

2. Are the enterprises in the same industry, If they were both bakeries it may be risky. If one is a bakery and the other a stationery store.....much less confusion.

 

 

The point is......will the public get confused as to which store they are patronizing if they are both bakeries. Less confusion if one bakery; one stationery store.

 

 

And remember that's if the first name is trademarked. If your case does not involve a trademark, consider the factors above. Any questions come back and start a question with THIS IS FOR RVLAW.

 

 

 

 

 

 

But remember this is not legal advice. Run the facts with an attorney in your state and discuss this matter with him or her.

To find an attorney, go online to Martindale.com. This is a nationwide directory we lawyers use ourselves to find highly qualified legal specialists in various fields of law. These lawyers are NOT in Martindale because they paid to be included. They are there because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area as it applies to your kind of case. The process is this: other lawyers are asked to fill out questionnaires giving their opinion of the quality of the work of the law firm that ultimately appears in Martindale.

The site is organized geographically and by legal specialty. Consult with two or three and select the one you are most comfortable with. The Martindale listing will have the names of current or past clients. Contact those clients as references for the firm.

 

 

 

 

 

Please press 3 or 4 or 5 below so that I may get credit for assisting you.
Please do NOT press 1 or 2 since that will result in a negative rating for me which

you may not have intended If you want further information or clarification,

just ask before you accept my answer and give a rating.

Also, I ask you to be fair in your rating. For instance, these should NOT have received a negative rating:

a. A customer says "I ALREADY KNEW THAT".....but the expert didn't know what the customer knew or didn't know.

b. A customer wants to hear "YES YOU CAN".....but the certified legal expert says "LEGALLY NO YOU CAN'T".

c. The answer is short, but ACCURATE. A customer simply wants a longer answer.

Thank you for reading this and for your consideration. I'm always ready to help further.

rich

 

 

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rvlaw
rvlaw
rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8,387
8,387 Satisfied Customers
Experience: NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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