I need help, someone has taken my company name?

expired domain names
Mikey asked:

Okay I thought of this name “Romantique Interiors” 5 years ago,and even bought a webdomain that since expired. Well, I was doing a search on it and I found 1 company that now is using that name, and they bought my old domain I let go.

I searched the trademark office, and no one has registered this name, so if I purchase a trade mark will I be able to tell them “this is my name”?

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Comments (9)    Posted in Small Business    

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9 Responses to 'I need help, someone has taken my company name?'

  1. elena K - July 23rd, 2010 at 2:51 pm

    have no idea

  2. g0inh0me - July 24th, 2010 at 1:03 am

    i dont know much about patent and trademarks, but i would say register it. cuz i would assume you have the power to tell them this is your name and its already registered and trademarked by you. i hope you succeed at this situation. good luck!

  3. Grace - July 24th, 2010 at 2:19 am

    So you registered your name when you obtained your business license right? If so….call an attorney. If not, when you apply for your license they will make you check. There is a good chance the name is ‘up for grabs’ or the other company may now ‘own’ the name and you’re the offender. Check it out!

  4. Jimmy - July 25th, 2010 at 7:52 pm

    get a lawyer

  5. tiff - July 26th, 2010 at 2:46 am

    This happens a lot with small business ownership. The reason they have your domain and your company name is because the name was not registered and so the domain company can give it to anyone until the name is registered. You need to (if a name is this important) go and register the name and conact an attorney. Following this you’ll have a long legal battle unless you can PROVE without a doubt YOU thought of this company name. Good luck, but sadly I don’t see where you’ll win this one either way.

  6. Nate W - July 26th, 2010 at 8:11 am

    They have filed with their state to become a business.
    In order to trademark a name you must have a company by that name, they do, you don’t. If you live in a different state you may still be able to start a company with that name.
    Even if you were to start the company then trademark the name, they were still established before you, so you would not be able to force them to do anything.
    Sorry!

  7. accthelp - July 28th, 2010 at 6:13 pm

    Consult a trademark attorney. If you can prove you have used the name longer than the other company, the trademark will most likely go your way. FYI – It can take up to a year to get a trademark. It’s a very slow and somewhat costly process.

  8. patrona - July 30th, 2010 at 10:12 pm

    unfortunately you were not listed in business when the
    party choose to take over … try ..
    ”my ,Domain Romantiquic … and please have a logo
    so many ideas out ..there ,,,try something Victorian
    i am sure you know what you want,,,,don’t fret…good luck to you…your logo is more important then words…
    and a picture expresses what to expect
    start researching books magazines you don’t need help
    art comes from within,,,i am sure you have it,,

  9. jim_elkins - July 31st, 2010 at 10:31 am

    The first thing a lawyer will ask you is if you are legally incorporated. If you are incorporated then you will have grounds to have “they” stop using your name.

    It also sounds as if you haven’t registered your trademark.

    The purchase of a webdomain does not protect you from anyone else using the name


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