If someone has registered the business name I plan to use, but the name is my last name and my type of business, so I will not need to register to use it, can I still use that name? The name is Robinson Transportation.
Answer
No, you cannot use a business name that someone else has registered.
Answer
"Registered" means many things.......a fictitious business filed name with your county clerk, a corporation created by filing incorporation papers with the California (or other state) Secretary of State, and registering a trademark with the U.S. Patent and Trademark Office, to name a few.
I suppose you might be able to get away with calling a sole proprietorship business operating within the Los Angeles area by your proposed name, but I do note that there is a California corporation using the exact name you propose. It was incorporated in 2011 and seems to be based in Salida. You therefore couldn't use that name for an incorporated business. Using it for a non-incorporated business such as a sole proprietorship or even an LLC poses some legal risks that the corporation would feel infringed upon. Therefore, I would encourage you to try to find a somewhat different name.
You correctly note that one doesn't need to file a fictitious business name document when the name is not fictitious because it contains your own surname. However, this fact alone does not necessarily make it "legal" for you to use the proposed name. The duty to file a FBN and the right to use a name without infringing someone else's rights are separate concepts -- one does not excuse or allow the other.
No comments:
Post a Comment