Legal Question in Business Law in Texas

I went to the County Clerk's office in Dallas County, Texas to acquire an assumed name for my business (DBA). I checked on their system to determine that the name I wanted was available. I secured this name and was told by their office that this name would be mine for 10 years. After 10 years, I would need to come back and refile to keep the name. The fee for this DBA was $16.00. Two weeks later, I discovered that someone else in Dallas County was already using this name (and had been for more than 10 years). This individual had not gone back to renew the name. Since he did not renew the name, it should legally belong to me. I have been told by others that whoever spends the most money gets to keep the name. This does not sound right to me. If I go to court, I should have no problem winning since my paperwork shows I own the name. Is this right?


Asked on 8/09/09, 10:38 pm

1 Answer from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

Simply filing an assumed name certificate does NOT assure you of the rights to the name. The same name can be registered in the same county and as long as they are not used in businesses that offer the same goods or services, there is no confusion in the trade. "Confusion in the Trade" is the test. If you and someone else registered the same name for the same type of business, the person that was successful in using their name the most in advertising and promotion would ultimately be the one that prevailed if a lawsuit was filed.

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Answered on 8/09/09, 11:22 pm


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