Trade Names (Part B)

Common Law Trade Names

While federally registering your trade name will protect it against infringement, you do not necessarily need to have it registered for it to be protected. According to US law, a trade name may be protected once it is in use.

This is because common law states that the first to use a trade name may acquire exclusive rights. First use will protect the trade name in the geographic area where it is well known, as well as in areas of natural or probable expansion. Even a federally registered trade name cannot supersede these common law rights. This is why you should consider a search for state registrations for trade names as well as a federal search.

For a trade name to be protected by common law first use rights, it must meet certain requirements, such as having been used in commerce. If you discover a conflict of interest due to the prior use of your trade name, you may need to be informed of the legal implications. For advice on these matters, you can consult an experienced New York franchise attorney.

Conducting a Thorough Search of Existing Trade Names

A search of the USPTO database may not always show all conflicting names. This is because some federally registered trade names may not come up in an initial search. If a trade name was recently submitted, or is at the end of the submission process, it may not yet appear within the federal records.

Therefore, if two businesses register a trade name within a similar time frame, the name may be granted either to the first one who registered, or to the first one who used the trade name in commerce. This is where the trade name laws can get tricky, and it may require legal intervention.

If you need to fight for your business's trade name, a New York franchise attorney can represent your case in court.

How a New York Franchise Attorney Can Help

A New York franchise attorney can help you conduct a thorough trade name search. If there is a conflict with your business name, you may need to take legal action. A New York franchise attorney may be able to help you throughout the trade name process.

If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including the significance of evaluating your trademark and how to approach the preparation of your FDD. For a limited time, get New York franchise attorney Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 1-800-976-4904 for more information about Mr. Internicola's franchise law services in New York and how he assists entrepreneurs franchise their business nationwide.




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