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Once your Assumed Name Certificate is on file you still have no actual rights by virtue of the filing to use the business name. There may be another individual or company which has common law or statutory rights to the name, including Trademark or Service Mark holders. If your name is similar to an existing name and is likely to cause confusion to members of the public about who is offering the goods or services you may be responsible to the owner of the name for monetary damages or even subject to an injunction prohibiting your use of the name.  And the simple act of filing is not sufficient to protect the priority of names. If you file a Certificate which identifies your use of a name but do not start the business until sometime later, any controversy about who used the name first will require you to show when you started using the name, not the date it was filed.


*This information is a general overview of the law regarding Assumed Names in Texas. It is not legal advice and is no substitute for consultation with an attorney regarding your specific legal matter. Do not rely on this document or the information contained herein in making decisions regarding legal matters.

2000 Michael Hrabal, P.C. All Rights Reserved.

Legal Services provided by:

Michael Hrabal*
Attorney at Law
1201 West Presidio Street
Fort Worth, Texas 76102

*Board Certified, Civil Trial Law, Texas Board of Legal Specialization
Board Certified, Personal Injury Trial Law, Texas Board of Legal Specialization

2000 Omega Network Services, Inc.
Revised: August 02, 2000