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Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 24870
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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I got my LLC formed last February but someone has been using

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I got my LLC formed last February but someone has been using that name for about a year.
Who has the right for that name? Me that I formed the LLC first or who used the name first.
I also registered the LLC name as Service Mark with the State of New York.

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You because you registered and formed the LLC first.

To register the business name - that means that no other business with exactly the same name has an active (up to date) registration on the state's database.

However, there may be businesses of record with that name that are no longer active. There may be businesses in other states or countries that do business under that name. There may even be businesses in the same state that are operating under that name, but have not yet registered - only you can use the name once registered in that state.

So, you can send them a cease and desist letter. If they continue using that name without your consent then you will have no alternative but to file suit.
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