Legal Question in Business Law in Maryland

Maryland Corporate Charters

I recently purchased a corporate charter at the Department of Assessments and Taxation. I submitted the name for the corporation, it was checked for availability, and approved. It has now come to my attention that this charter name was previously owned by someone else, and was forfeited in 1997. The company is still operating under that name. Is there anything that I can do about this? How can we both operate in the state with the same corporate name? I thought that when I submitted the Articles of Incorporation under a charter name that I would be the only company allowed to use that name in this state? Is that a wrong assumption?


Asked on 12/13/01, 12:07 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Maryland Corporate Charters

You are correct that they cannot use that corporate name (ABC Widgets, Inc.). In fact, it is a crime to do so, and you can sue to stop them. They can continue to trade using the name, as long as they don't say it's a corporation (they can operate as a sole proprietorship or partnership as ABC Widgets). In fact, they may have trademark rights to the name which could actually prevent you from using your corporate name as the name your business trades under (you can be ABC Widgets, Inc., but you may not be able to hold yourself out to the public as selling ABC Widgets). You need to see a lawyer about this ASAP.

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Answered on 12/13/01, 12:15 pm


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