Can someone use my Corporation name to do business?

Question

I have a DBA and Corporation under this same name and that is the name of my store I also have a trademark application pending. I recently found out someone is doing business with the same name and actually selling franchises, is this legal? is there something I can do? they also sell similar products.

Answer 1

It really depends upon who had the name first and whether or not they also have a trademark application pending.  Pending doesn't really mean anything except that you've officially filed paperwork.  They may have filed before you or after you.  Check with the PTO and find out when they filed and then make your decision based upon the filing dates.  

If you filed before them, you have some ground to work with, otherwise you'll have to change your corporate name.  No biggee, just another piece of paper to file.

Answer 2

If they were first before you... there isn't much you can do... unless they don't have a trademark on their merchandise then the ball will be in your court... Call a corporate lawyer and get more information about what can be done in a situation like this...

also note... Your DBA name only applies to your county unless you filed for nationwide or internationally... again things you should be discussing with a corporate lawyer

Good luck