Legal Question in Business Law in Massachusetts
Who is legally the owner of my business name
I started JMA,Inc. dba JMA Services Company in '07.(made up names) I put up a website, listed in the yellow pages/phone books and became a member of the local Chambers of Commerce. Before choosing JMA Service Company as my business name I researched to find out if anyone else is using this name.I checked the internet with local chambers of commerce Sec. of State, telephone directories and with others in our same industry and with the Better Business Bureau.None had ever heard of this name. In Feb. I received an email from a person claiming they started 11 yrs ago. But there is no proof. I asked if she operated as a dba. She said she did but never took out a dba certificate as the law states she must do.Now she claims she used the name first and wants me to stop. She claims she has cancelled checks with the biz name.I sent her a cease/desist and no response 3 mo. ago. Now I get a cease and desist letter from her atty.I responded denying the claim and stating I had superior rights to the JMA Service Company name. She even recently incorporated the name after my first denial 3 mo ago and claiming I had first use. I still maintain that I have superior naming rights as I had first publicly listed and registered/ operated the business
3 Answers from Attorneys
Re: Who is legally the owner of my business name
This is really a trademark question, not one of corporate law -- the response citing the corporate statute is fine as far as it goes but does not really deal with the trademark priority issue. You should consult with an attorney for an analysis of the specific facts of your situation.
Best wishes,
LDWG
: Who is legally the owner of my business name
This is the 3rd version of this question.
If this is true, you need to bring all the facts to an attorney.
Re: Who is legally the owner of my business name
None of this matters. The other party beat you to officially reserving that name by officially incorporating under the name with the Sec of State before you officially incorporated under it, or lawfully reserved use of the name with the Sec of State. Everything else you say is irrelevant. Here is the law:
� 4.01. Corporate Name.
(b) a corporate name may not be the same as, or so similar that it is likely to be mistaken for:
(1) the corporate name or trade name of a corporation [FIRST] organized, authorized to transact business or otherwise lawfully conducting business in the commonwealth [BY LAWFULLY INCORPORATING UNDER THE NAME]; or
(2) a corporate name reserved under section 4.02.
� 4.02. Reserved Name.
(a) A person may reserve the exclusive use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available, by delivering an application to the secretary of state for filing. If the secretary of state finds that the corporate name applied for is available [BECAUSE THERE IS NO PRIOR INCORPORATION OR RESERVATION UNDER THAT NAME], he shall reserve the name for the applicant's exclusive use for a 60-day period.
You did not reserve the name prior to the time the other party lawfully incorporated with the Sec of State under it. They have all lawful rights to do business under that name. You did not legally protect it in any way, regardless of what you describe in your inquiries. This is the law; like it or not.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
