An Intellectual Property FAQ with Mark A. Williams.
I would like to tell you that the answer to this question is no, they can never use your name but that is just not the truth. Some of the questions here come down to what have you done to protect your name? If you have obtained a federal trademark in your name, it makes it a lot easier for you to stop other people from using it. Where do you use your name? If you have a federal trademark, the law says you are using it in all 50 states. If you don’t have a federal trademark and you are only doing business in one state, you might have a competitor in an adjoining state that could legally use your name in their advertising.
It is really important to make sure that you have the right legal protections for your business name and all of your intellectual property when running your business.
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