Legal Question in Business Law in Arizona

servicemark

My father has owned a small buisness for 20 years,.we have had the same name this whole time and i am thinking about getting it servicemarked if i do and i see other small companys using my name or logo what rights will i have and what will those other companys have to do


Asked on 6/06/06, 5:58 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: servicemark

This is not as simple as one would think. If you have not registered the trade name with the Secretary of State, nor the trade mark, and have not incorporated with the Corporation Commission, you have not given public notice of your ownership of the name. If others have done so, you could face legal action by them.

Using the name establishes some ongoing rights under the civil law, but you should first immediately register the name. If you have problems, see a business attorney. You are asking us to speculate on some "what if" circumstances. why not register, get more facts, then see where you stand? Also remember there is state registration, federal and internet web name registration as well.

good luck,

James D. Jenkins

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Answered on 6/07/06, 11:26 am


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