Assumed names..

[Nocturnus]

I'm tring to find out some info on assumed names/dba. I have a name/domain for the business and i'm tring to find out if someone say has a dba as XZY in some other county in Texas does that mean I can't use it? I'm just saying that cause the name I have, I really have no idea if anyone has it anywhere in Texas. I'm asking for one, I want to get the domain registered (never know what can happen in a few days time).

So basicly if XYZ is registered in Harris as a DBA, would I be able to use said name in Travis?

[Steelsun]

Yep, assumed names are just registered in the county of business. They hold no power over other counties.

I.e.: You'll find almost every county in the state has a Texas BBQ, Joe's Auto, ABC Liquor, etc, and none of them are related (usually).

The only exception is if a company (corporate, LLP, etc) files an assumed name with the secretary of state. And even then I have seen the same name twice for different entities.

[bondarnes]

Originally Posted by Nocturnus

I'm tring to find out some info on assumed names/dba. I have a name/domain for the business and i'm tring to find out if someone say has a dba as XZY in some other county in Texas does that mean I can't use it? I'm just saying that cause the name I have, I really have no idea if anyone has it anywhere in Texas. I'm asking for one, I want to get the domain registered (never know what can happen in a few days time).

So basicly if XYZ is registered in Harris as a DBA, would I be able to use said name in Travis?

DBA's are by strictly county. If you plan to do most of your business in one county and that assumed name is not already taken then you can register it in that county. My company is The Photographers and I have that assumed name registered in Denton County. At the time I registered it there was a large commercial studio in Dallas using almost the same name The Photographers Inc. in Dallas County right next to me. They probably never heard of me, but might have been a little miffed if they had known.

[Nocturnus]

Cool, come to find out the name/domain i wanted to use, the domain was already taken by someone is russia, so there goes that name. I swear, all the good names are taken now.. Sucks.

Thanks all.

[DEMDeepEllumMusic]

Noc did they grab the .net or just the .com, more and more .net are being accepted nowdays.

Wonder if there is a .pht or something else that sounds like photo?

[Nocturnus]

They got the .com, but it was my mistake thinking it was open. I got something else, and .com/net/org are free, but I cant afford to get em all.

[Daniel Bates]

I've got a semirelated question... one must be 18 to get a tax ID. Must one be 18 to get a DBA as well?

[Casper]

Be patient, Grasshopper.

[Daniel Bates]

I know, I know... I just want to do this legally and all.

Arg.

[Steelsun]

I believe you have to be 18 for a DBA as well, since it's a legal document.

[DEMDeepEllumMusic]

Daniel I know that the 18 ? has been covered before on DBA's, so do a search.

[boomerd35]

There has to be some other rules regarding using existing names. If I file an assumed name in my county of "Starbucks", I think I might run into some problems. I know that may not be an assumed name issue, but I would think it's all related, no?

Troy T.

[bondarnes]

Originally Posted by boomerd35

There has to be some other rules regarding using existing names. If I file an assumed name in my county of "Starbucks", I think I might run into some problems. I know that may not be an assumed name issue, but I would think it's all related, no?

Troy T.

If there were no business in your county holding a dba for that name then it should legally be issued to you. However the issue here is that the name "Starbucks" is trademarked so you still can't use it.

[boomerd35]

Yes, that was the point I was trying to make. Just because a certain name is not registered in your county as a dba, doesn't necessarily mean that you can use that name. That's why I say they are related issues. So then the question becomes, how do you find out if there are other issues that prevent you from using a certain name? Starbucks is a famous name that everybody knows. But what about something like Texas BBQ (to borrow Steelsun's example). There may be one in every county, but what if one holds a Trademark for that name?

Troy T.

[CaptainTom]

This probably not the easy answer you are looking for but here goes.
Hire a patent attorney. They will have the resources to research a given name and find out if there are any problems with you making use of that name in your locallity. Many law firms have at least one specialist who deals in trademark, copyright, patent issues.