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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. |