Another Company using my company name

[barrylow]

I incorporated an LLC in Nevada in 2005. A few years later I let it go into "revoked" status for not paying filing fees.
Then, another company incorporated in Virginia in 2013 using my same exact corporate name (including the "LLC" part of the name).
Is another company allowed to legally use that name if my company name is in revoked status?
How can I make them stop using my company name?

 

[FlyingRon]

In fact, they can use it even if you aren't in revoked status. Business entity names are typically only protected within any given state.

Now if you also used the business name as a TRADEMARK you might have had some larger reaching protections. However, since you apparently pretty much abandoned the name in commerce. You likely have no rights there either.

 

[barrylow]

Many thanks for your reply. But a question...

In fact, they can use it even if you aren't in revoked status. Business entity names are typically only protected within any given state.

Now if you also used the business name as a TRADEMARK you might have had some larger reaching protections. However, since you apparently pretty much abandoned the name in commerce. You likely have no rights there either.

Ok, what if I bring the status out of "revoked and make it current and active? Would I then be able to stop them?
And, in order to stop an entity from stealing my corporate name, do I have to register my corporation in all 50 states? In other words, is my corporate name only protected in a state where I register it?

 

[LdiJ]

Ok, what if I bring the status out of "revoked and make it current and active? Would I then be able to stop them?
And, in order to stop an entity from stealing my corporate name, do I have to register my corporation in all 50 states? In other words, is my corporate name only protected in a state where I register it?

Yes, its typically only protected in the state where you register it unless its also your trademark.

How is this company in VA harming you? You do not have a leg to stand on unless the company is actually harming you somehow.

 

[FlyingRon]

Y it unless its also your trademark.

Even IF it is a trademark. They might not be able to use that name as a trademark themselves if it infringes on another trademark (corporate name or not), but that doesn't keep them from registering a business entity with the same name, subject to the state's uniqueness requirement.

I can tell you ages ago I was involved with a company that wanted to stylize themselves "Business Data Systems" but that name was already taken in Virginia. We ended up incorporating under just BDS. Now amusingly we couldn't use BDS for any of our products because there was already a popular product in our market space named BDS (oddly the company that owned that mark didn't have that name as their corporate entity either).

 

[justalayman]

I can imagine a scenario where the newer company could actually prevent you from using the name. If they have established it as a trademark, especially if they have registered it with the federal registry, your renewed use of the name since they have established it as a trademark could violate their rights.

 

[barrylow]

Yes, its typically only protected in the state where you register it unless its also your trademark.

How is this company in VA harming you? You do not have a leg to stand on unless the company is actually harming you somehow.

They're offering the same services as I do and competing with me. Also, when you search the internet for my company's name, theirs comes up, essentially taking business away from me.

 

[barrylow]

I can imagine a scenario where the newer company could actually prevent you from using the name. If they have established it as a trademark, especially if they have registered it with the federal registry, your renewed use of the name since they have established it as a trademark could violate their rights.

Hmm, that's interesting. I think I'll pay up and reactivate my corporate status then Federally trademark it as soon as possible to prevent that.
Many thanks.

 

[justalayman]

Hmm, that's interesting. I think I'll pay up and reactivate my corporate status then Federally trademark it as soon as possible to prevent that.
Many thanks.

Have you checked to verify they haven't registered it?

Even if they haven't registered it, they may still have a superior claim to the name if you did not use it as a trademark and they do.

 

[FlyingRon]

You can't register it without the use (or at least the intent to use) of it in commerce. You can't "squat" on a trademark even with registration.

 

[barrylow]

You can't register it without the use (or at least the intent to use) of it in commerce. You can't "squat" on a trademark even with registration.

Ok, thanks. I'd definitely use my company name trademark in commerce, so there's no problem with that.