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Can my business name be used if I have already reserved it under an assumed named registration?

Asked over 2 years ago - Detroit, MI

Business

I started a dance group with a group of ladies. I came up with the name and once I figured that it wasn't going to work, I made it clear that I would be leaving and taking the name with me and starting a new group. I have already established with the county that I am the owner of this company. Do the former members have any rights to my name?

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Attorney answers (2)

Nathan M. Hull

Reputation Level 8

Answered over 2 years ago. Business Attorney in Charlotte, NC.

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Generally the certificate of assumed name with the county does not give any rights in the trade name. It only gives notice that the business using that name is really you or your business. If you want rights in the name you will need to get a State or Federal trademark.

I am a North Carolina lawyer so my answer is based on NC law.

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Michael G. Lichterman

Reputation Level 9

Answered over 2 years ago. Business Attorney in Grand Rapids, MI.

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Additionally, you may want to formalize your business by forming a business entity. You would then file with the the Department of Labor and Economic Growth (depending on the type of entity you form), which would provide some name protection. Others are not allowed to file a name with the Department if it is already registered.

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