Question:

Who owns the business name?

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I started JMA,Inc. dba JMA Services Company in 2006.(made up names) I put up a website, listed in the yellow pages/phone books and became a member of the local Chambers of Commerce. Before choosing JMA Service Company as my business name I researched to find out if anyone else is using this name.I checked the internet with local chambers of commerce Sec. of State, telephone directories and with others in our same industry and with the Better Business Bureau.None had ever heard of this name. In Feb. I received an email from a person claiming they started 11 yrs ago. But there is no proof. I asked if she operated as a dba. She said she did but never took out a dba certificate as the law states she must do.Now she claims she used the name first and wants me to stop. She claims she has cancelled checks with the biz name.I sent her a cease/desist and no response 3 mo. ago. Now I get a cease and desist letter from her atty.I responded denying the claim and stating I had superior rights to the JMA Service Company name. She even recently incorporated the name after my first denial 3 mo ago and claiming I had first use. I still maintain that I have superior naming rights as I had first publicly listed and registered/ operated the business

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  1. You don't say whether you registered your dba with the Secretary of State...if so, it will go a long way in establishing your proof.  You are going to need more than yourself fighting this one...find a small business attorney and fast!

    If you crossed all your T's and dotted all your I's, then you will come out on top but I'm not a lawyer, go get one!


  2. Every country having there  Companies Registration Office or Company house.

    you can find all details even online.

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