Legal Question in Business Law in Texas

In late August I wish to start the process of getting a trademark along with LLC. For now I was just planning to get a DBA. If I submit a Trademark say September 1 and say someone comes along and gets an LLC September 21. Do I legally have the rights to the name since I submitted it before them? Also would it be sufficient in the mean time to just get a DBA and file for a trademark? I just want to make sure in the mean time if someone filed a DBA, LLC, or anything else weather it be in my state or another that if my trademark is approved that they legally have to stop using my proposed name. Being of course I had mine first.

Thanks

Charlie


Asked on 6/25/10, 8:42 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say a review of all facts, documents, etc. is required. After that, a personal consultation is needed. This is not a simple bulletin board type question. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/26/10, 8:29 am


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