Rally Round the Trade Name

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Rally Round the Trade Name Law, Ethics and Corporate Governance - LEG 500 Dr. Augustine Weekley Strayer University 11 December 2011 Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. The fact that Gabby’s surname is Rally does not give her the right to use it any way she wishes. There are no laws that state that she has any rights to a trade name purely based on the fact that it’s her last name. If the business name Rally is already legally registered as a trade name under common law or as trademark under federal law, then legally she cannot use it as her business name as well. In order for Gabby to gain rights to a business name she must apply for a trade name and/or trademark for her business. Until that is approved she does not own any rights to the name Rally. The law implies that the business that owns exclusive rights to a specific trade name must have been the first in that particular geographical area, for a specific business purpose (Olson, 2009). “A trade name belongs to the first business to use it, and the identification and reputation gives it value and the right to protect the trade name against its use by others” (Trade Name, 2010, para. 8). If Gabby decides to use her last name as a business name and it’s already a registered trade name or trademark, then she may be interfering with the reputation and advertisement of another business. Gabby also does not own the right to use her surname anyway she wishes because not every business name is eligible to become a trade name or trademark and if this is the case with the business name Rally, then it will not be approved. In order for Trade names and Trademarks to be approved they cannot be common names. Business names must be distinctive and unique and cannot be confusingly similar to any other trade name or

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