If someone has registered the business name I plan to use but it is my last name and type of business, can I still use it?

It is my last name so I don’t need to register the name.

Asked on September 12, 2012 under Business Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

For me to answer your question in detail, I need to know what type of "registration" you mean with respect to the business name you plan on using? A ficititious business name or a registered trademark?

If a registered trademark then you might have difficulty using such in business even if your surname is the same as the business name that is registered. If a registered fictious business name, you most likely will be able to use your last name in your business. I suggest that you consult further with a business attorney about the matter that you have written about to go over your questions in greater detail.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.