QUESTION

I have a restaurant named It dont matter family restaurant at the time i dint know there was another it dont matter restaurant about 60 miles away.

Asked on Oct 30th, 2011 on Business Law - Alabama
More details to this question:
now they say they registered there name with a trademark and i can no longer use the name. i have been in business since june 2010, they registered there trade mare in jan this year , there are other itdont matter restaurants across the country can they tell me i hve to change my name after i hve had it this long
Report Abuse

1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
Update Your Profile
Conflicts over the name of a business can arise basically in two ways.  The most common conflict is encountered as a business first starts up.  Normally, the business is set up either as a corporation or as a limited liability company.  When someone forms either of these entities, it is necessary to reserve the chosen name of the entity through the office of the Secretary of State.  The Secretary of State, upon receiving a request for a name reservation, will search its records to see if there is another business entity somewhere in the State doing business under the same  or a similar name.  If so, the name will be disallowed and another name must be selected.  (Under prior law, the name of a limited liability company did not have to be reserved.  This enabled duplicated names from time to time.) The other area where such conflicts arise is where one business has trademarked the name and another business starts up using the same or a similar name.  The conflict ordinarily arises when the trademarked entity either sues the other or threatens to sue it.  Almost certainly the trademarked entity will prevail.  If that is your situation, you would probably do well to consider changing the name of your restaurant before you incur the cost and the bad publicity of a lawsuit.  If the other business is 60 miles away and the two of you are not in active competition with each other, the other business may be content to just leave matters alone.  If you have received threatening correspondence from the other business, you should consult a competent business/trial lawyer in your area.   
Answered on Dec 15th, 2011 at 10:57 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters