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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118777
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I need help. I don't know if I should file llc or trademark

Customer Question

I need help. I don't know if I should file llc or trademark to protect my business name as another company is now using my name.
We are a service company example abc air conditioner co
Can that name be trademarked
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You can obtain a corporation or LLC to help protect your name. You can also file for a trademark on your name (even though you already have what is called a common law trademark, which means if you can prove you were first to use the name and that name is ***** ***** your business, then you can prevent someone from using your name in the same area. So even with a common law trademark you could sue the company to stop them from using your good will in your name and causing confusion with your company.

What you need to do really is use a local attorney to send a cease and desist letter to the company informing them you have been in business under this name since X date and that their using your company name is ***** ***** your trademark rights and that you are demanding they cease and desist using the name. If they refuse you are going to have to file suit against them for the infringement and to obtain a injunction to stop them from using your name.

You should at the same time have the attorney file for the trademark as well, because first to file the mark also can fight to keep the mark on that basis and it would support your first in use claim as well.
Customer: replied 2 years ago.

one of the issues is our name is ***** ***** door. The other business is answering the phone as sos, he tells his customers his business name is ***** ***** is registered locally as "Save On Service" and says that is his name. he just shortens it when he answers the phone. Does that change anything?

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.

If he is misrepresenting his company using your name, he is still violating your trademark rights and infringing on your good will and creating confusion, so you can still pursue him to stop him.