Thread: Advice Needed for Business Naming Issue

Hello Forum,

I've run a small IT consulting firm in Northern Virginia for the past 11 years. I've never been completely satisfied with our business name, or the fact that we've been unable to procure a suitable .com domain.

I recently purchased a .com domain from a private party and am in the process of changing our business name. For sake of explanations, I'll call it Company Two. So far I've successfully filed as an LLC in Virginia under the new name, and I've applied to Trademark the Company Two name.

During the LLC registration process, I realized there was a business in Virginia operating under the Company Two name. All their marketing and web site efforts are done under this name that I've just registered. They are incorporated under a different name, but use Company Two for everything.

I will be putting a lot of money into marketing our new name and don't want to confuse my prospective customers with the existence of this other company. They've been around for over a decade, however, I feel that I'm taking all the action now to preserve my business naming rights, that they should have done long ago.

I'd like to know if I can force them to eventually change their business name, assuming my Trademark comes through. Thanks!

Since they were in the market before you using that company name, you will not be able to oust them from that local sector, even if you are approved a federal trademark. A name does not have to be federally trademarked in order to receive protection. Since that company has what is known as first in use, they will be able to continue using that name. However, it is possible you can prevent them from expanding into other territories if you get the mark trademarked and use it in other areas.

Interesting, thank you for the reply. So are you saying it's perfectly acceptable for me to start operating as the same business name? Will they have any ability to take action against me?

I thought I had done what was needed by registering the LLC with the State Corporate Commission using that name. Once you've done this, no one else can register an INC or LLC in Virginia under that name.

Our businesses are not similar in terms of products or services sold.

Since they were in the bazaar afore you application that aggregation name, you will not be able to adios them from that bounded sector, alike if you are accustomed a federal trademark. A name does not accept to be federally trademarked in adjustment to accept protection. Since that aggregation has what is accepted as aboriginal in use, they will be able to abide application that name. However, it is accessible you can anticipate them from accretion into added territories if you get the mark trademarked and use it in added areas.

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