Legal Question in Business Law in Georgia

As is very common, you are confusing the right to register a business name with the Secretary of State with trademark rights. Regardless of whether you have formed an LLC (although that is certainly a good idea), the general rule is that the first user of a protectable name in the marketplace in a geographic area has common law rights to use that name. So, you should speak with a business attorney and probably an intellectual property attorney regarding the name. Situations like these are very fact-specific.

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.

The other attorney is on point here. If you have a catchy name, by all means protect it as a registered service mark. You can register your service mark with the state, but even stronger protection is through the USPTO. A federally-registered mark has rights in every state. 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