Legal Question in Business Law in Georgia

Business Name Registration

I have a business name I'd like to register, I've just been informed the name is already taken. Can I register the name anyway, but on a National level covering all states as oppossed to the name being registered just in the State I live in (GA)? Also I've already previously recieved an EIN# under this business name. (This was done prior to me properly filing/registering the name)

Please Advise.

--name removed---name removed--


Asked on 5/20/06, 1:03 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Business Name Registration

For several reasons, absent very unusual circumstances, you probably need to use a name you can register in Georgia. There is no national registration that trumps state registration. However, if you want to incorporate in another state, or do something similar to that, you'll need legal assistance.

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Answered on 5/22/06, 8:23 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Business Name Registration

This can be a complicated area due to the complicated laws regarding trademarks. Also, I'm not sure what you mean by "taken," or what kind of registration you are talking about. Generally, registration is not the same as first use. Also, the same name can be used in different industries. I would advise speaking to an attorney before moving forward so you don't put time and money into a name and have to abandoned it subsequently.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 5/23/06, 8:06 am


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