First off, it’s critical to comprehend that the “first use” idea forms the foundation of trademark law. This implies that the right to use and protect a name or trademark in commerce belongs to the first individual or company to do so. This does not necessarily imply that they have a trademark registration for it though.
You should conduct a comprehensive trademark search to see if the business name you intend to use is already in use by someone else. This entails looking through several databases to discover if anyone else has already filed a trademark application for the same name or one that is similar. If a trademark already exists, it is better to select an alternative name to avoid legal repercussions for trademark infringement.
You can register a trademark for your company name if there isn’t already one. However, merely filing a trademark application does not grant you permission to use a name that is already in use by another company. They might still be able to stop you from utilizing the name if the other company has already built a reputation with it.
You can reserve a company name in Missouri by submitting an application to the Secretary of State’s office. You will have 60 days to file the required papers to establish your business during this time since the name will be reserved. By submitting an amendment to your articles of formation to the Secretary of State’s office, you can also change the name of your LLC in Missouri.
In Missouri, you must submit a certificate of cancellation to the Secretary of State’s office in order to have your name removed from an LLC. As a result, the LLC will be terminated and you will no longer be listed as a management or member.
The lack of legal or liability protection that a DBA (Doing Business As) offers for your company is one of its drawbacks. It merely enables you to conduct business under a name other than your own or the name of your legal corporation. This implies that you can be held personally responsible for any losses or legal fees if something goes wrong.
In conclusion, it is not a good idea to trademark a company name that is already in use, even though it is technically possible. To avoid any potential legal concerns, it is always ideal to use a unique name that is not already being used by another company. It’s also crucial to take the required actions to safeguard your intellectual property and register your business name.
A husband and woman can indeed co-own a single proprietorship. In reality, running a business as a sole proprietorship together as a couple is extremely normal. It’s crucial to keep in mind, though, that in a sole proprietorship, both spouses will be held personally accountable for any debts or legal troubles connected to the firm.