Legal Question in Business Law in Georgia

Business Stating Incorporated, but not

I incorporated my business in July 2005, I have just discovered that there is another person using my exact business name, even with Inc. on the end. My business is the only one registered with the GA Sec. of State's Office. This other person lists a P.O. Box address in GA, but no street address. How can I stop them from using my business name? Can I report them to the Sec. of State's Office? I know they are not incorporated in GA, because my business is the only one with this name in GA.


Asked on 8/06/06, 9:04 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Business Stating Incorporated, but not

The registration with the Secretary of State does not determine who may use a business name. That is determined by state and Federal trademark law. It is possible that the other company is a foreign corporation, but has not registered with the SOS's office. This is very common and there is no real way to enforce the law that all companies doing business in Georgia must be registered with the SOS. However, it is irrelevant to the use of the name. In fact, they may be able to stop you form using the name if they were using the name in Georgia before you. It is more complicated than who is registered or not. I would recommend you speaking with business and intellectual property attorneys for a more definite answer.

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 8/07/06, 9:41 am


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