is it legal for someone else to be using

[Max Rax]

Is it legal for someone else to be using my corporation name, I've had a business for a few years now just have been taking a hiatus from it but am thinking of doing something with it soon so i googled it and saw someone else recently started using my name yes it is incorporated I'm not sure if that matters but is this legal and is there anything i can do

[rdodger]

[IANAL] No, they can't use your corporate name in the state where you incorporated. If they're in a different state, you have a different kind of issue - but I'm sure there are lawyers on this board who can address it.

[Max Rax]

it is in a different state in Denver to be exact

[Mazomaniac]

Two answers to this one:

1. It depends.

2. It probably doesn't matter.

Both are inter-related.

Did your company do business outside of your home state? Did you ever sell into Colorado? Is this a product or a service? Is the other company in the same line of business? etc? etc? etc?

It's a complicated issue that, in the end, probably doesn't make much difference. Unless the other company is in the same line of business and is using the name to attract business that would otherwise go to you there's very little you can do about it and very little you would want to do about it.

If the only reason you're worried about it is that they took your name and you're not otherwise losing business to them then just let it go and save yourself a lot of expense and heartache.

Cheers,
Mazo.

[LovinInjun]

As RDodger started, your corporation's name is protected within the state in which the company is incorporated. If you have a multistate business, you can protect your corporation's name nationally as well by registering in those states. Since your business hasn't been active, more than likely, you can't do anything about the corporation in another state using your name right now, other than make an offer to purchase that name from them.

[Max Rax]

thank you for all the responses yes my company did operate in Colorado, no what we do is not similar i just needed to be sure there will be no legal ramifications once i start it again since i will be operating in Colorado as well as a few other states ......as of now i will just let it go just hope they don't decide to do anything

[Mazomaniac]

If you've sold in Colorado before the other company came up then you may have what are called "common law" trademark rights to the name. However, those will only apply if the other company is offering similar goods or services.

You're being wise to just let it alone. Suing somebody over a name can, literally, costs millions. You gotta have a damn good reason to go after something like this - especially if the other company isn't in your market.

Cheers,
Mazo.

[Dstorm]

It's complicated, there are business of totally different kinds that have the same name. Like "Nissan", do you mean the car company, or the computer manufacturer?

[atlcomedy]

As has been pointed out this is a complicated area of law and very difficult for even the best of legal professionals (IANAL) to assess without knowing more than what you shared.

What you should bear in mind is depending on the situation, the "offending" company that has been using the name in trade (because that's what we are really talking about here, right? not the name you have on incorporation documents) while you were "taking a break," may actually have more rights to it than you...how's that for irony