QUESTION

Can I use a bankrupt company’s name?

Asked on Dec 29th, 2020 on Business Law - Texas
More details to this question:
I would like to open a business under my dads original store name OTASCO. Is it possible to use the name legally? The company has been out of business for a long time, but my dads store is one of the last remaining stores. Thank you!
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1 ANSWER

Civil Litigation Attorney serving San Antonio, TX at Brewster Law Firm
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You probably, and I repeat, probably can do that so long as the name was not legally protected and was not conveyed to a creditor etc., in a lawsuit. If your dad's company is still legally allowed to do business (check with the Texas Secretary of State's office), then he will have to send a letter to the Texas Secretary of State agreeing to allow you to use the name. If his corporation has forfieted its existence, then you can use the name.  Mark P. Brewster Brewster Law Firm mark@markbrewsterlaw.net (210) 437-1232  
Answered on Jan 26th, 2021 at 12:42 PM

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