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

Answers:

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.


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