Legal Question in Business Law in New Jersey

If a Business name is available with the State, and someone is using this name for marketing purposes, to expand their business to a different community (that is in a completely different name). Do I the right to utilize this name? and serve he/she with a cease to assist?


Asked on 2/15/12, 12:32 pm

2 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

More information is needed to address your question in a meaningful manner. However, the fact that a name is "available" in a state (e.g., for forming an entity or registering an alternate name) has absolutely NO bearing on who as the right to use or preclude others from using the business name. Those rights arise under trade name and trademark law. Please visit my website to see an article on the subject: www.bgartenberg.com. Also, please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

Please visit my website! www.bgartenberg.com or call me if you�d like to learn more about me or my practice. Thank you.

With best wishes,

Barry F. Gartenberg, Esq.

Read more
Answered on 2/15/12, 12:48 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Barry - both that more facts are necessary to a proper answer to the question, and the discussion regarding common law rights to a name versus trademark and tradename registrations, or even entity name availability.

Read more
Answered on 2/15/12, 1:35 pm


Related Questions & Answers

More Business Law questions and answers in New Jersey