Legal Question in Business Law in Texas

naming my company

I'm starting a new company and have a name picked out. The name or some close variations of the name are already in use by other companies. How do I make sure I won't be put in a position to have to change my name down the road? Are there laws on the books about choosing company names?


Asked on 3/27/09, 1:51 pm

2 Answers from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law

Re: naming my company

Yes, there are plenty - its called Trademark Law.

The key is whether or not your chosen name would be "deceptively similar" to another. First step, check to see what businesses those others are conducting. If any one of those businesses are the same or similar to yours, then you will probably have a trademark issue.

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Answered on 3/27/09, 2:03 pm
Eddy De Los Santos Spain Hastings Ward Carey & Chambers

Re: naming my company

There are laws in place to assist you in determining which name to choose. You should determine what goods/services the other companies with similar names are providing to determine whether you would be offering the same goods/services. You should avoid naming your business after a prominent existing trademark or any trademarks that are indistinguishable to your proposed name that provide the same goods/services, as it may violate trademark law.

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Answered on 3/27/09, 2:12 pm


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