Legal Question in Business Law in Georgia

After I came up with a really creative business name, I found out that it was used already in my state, but the company had dissolved. Can I use it?


Asked on 8/05/10, 9:43 am

2 Answers from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It depends on what you mean by "use" and what happened to the name rights upon dissolution. First, if the company is voluntarily dissolved (vs. administratively dissolved), you probably are able to incorporate using that name. However, whether you have the right to use the name generally is a trademark issue that has almost nothing to do with registering with the secretary of state. Even though the business is dissolved, the rights to the business name may have been transferred to someone else or another entity and is still being used. You will have to do some more research before you can know for sure.

If you would like to discuss any issues further, please feel free to contact my office. The link to 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 8/10/10, 10:22 am
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. Trademark (or service mark) use has nothing to do with registering a name with the Secretary of State. You should consult the USPTO records to see if anyone else has registered the mark federally. If not, you should consider filing federally. Consult with a good trademark attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/10/10, 10:43 am


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