Legal Question in Business Law in Texas

Using a business name

I want to create a small business. The name I have chosen is currently being used as an assumed name by a corporation in Texas. The corporation has not registered the assumed name with either the Secretary of State or with the County Clerks as they seem to be required to do by the Business and Commerce code to use the name.

Can I register the name and use it? Would I be required to make my business a LLC to register the assumed name with the Secretary of State? Or, if I do not create a LLC can I just register the name with the County Clerk and begin using it?

What, if any, recourse would the present corporation have against me for using the name they are presently using, but have not registered?


Asked on 8/19/04, 1:41 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Using a business name

First check in the patent and trademark register to make sure the name isn't registered nationally. If not, then prepare a hefty war-chest for when the corporation sues you for the name.

You may win the use of the name. You may not. But you will help the economic health of some attorney.

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Answered on 8/19/04, 3:31 pm


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