Legal Question in Intellectual Property in Arizona
If a company is using an unregistered trade name (an unofficial dba) in multiple states and I want to open a business that sells the same type of goods in a state the other company is operating, and I register the tradename in that state, who has the rights to use the name? I want the name, but don't want any unnecessary conflict. But if I can legally register exclusive rights to use that name, I want to do so. They have not registered the name federally either.
1 Answer from Attorneys
As a franchise attorney I can say the answer depends primarily on a couple factors. The first is priority of use - who used the mark first. The second factor is geographic scope - where was the mark used. The third factor is likelihood of confusion. Even companies who do not register at the federal or state level still have common law trademark rights and they can sue those who infringe on these rights. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC
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