Legal Question in Intellectual Property in Georgia

if a company is using a business name in Canada, can i incorporate that business in the U.S using the same name.


Asked on 3/22/10, 4:08 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Maybe and maybe not depending on details you didn't tell us. You should not use ANY name without hiring an IP attorney because of the cost of a mistake.

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Answered on 3/27/10, 7:22 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Assuming the name is available for registration in Georgia, then yes you can incorporate using that name. However, another person or entity may have proprietary rights in the name. The Secretary of State does not enforce intellectual property rights or otherwise guarantee that a name you register is not infringing.

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 3/29/10, 5:47 am


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