Posted by Elizabeth Soliday on 8/14/07 10:05am
Msg #205415

My registered business name is Coast Notary

Please do not use it, you know who you are....

Reply by John_NorCal on 8/14/07 10:10am
Msg #205417

Do you have that registered as a dba, a corporate name or a web address? That will determine what protection you have against people using that name. Good luck.

Reply by Rachel/ORWA on 8/14/07 10:32am
Msg #205421

Doc has some experience in this area; he gave me some good

advice when I was researching my business name.

Reply by Philip Johnson on 8/14/07 10:52am
Msg #205431

How many coast notaries, do you think there are?

I would imagine there are as many as there are coasts. I do see there is a North Oregon Coast Notary and their site has been up since 2002. Do you have a local person who is using this specifically? Or are they using a variant?

Reply by Sylvia_FL on 8/14/07 11:06am
Msg #205435

Unfortunately even though you have it registered as a business name anyone else can still legally use it.
Several years ago I applied for and got Florida Mobile Notary Services as my dba name.
A few months later I got an e-mail from someone who runs an organization here in Florida advising me that someone else was also using the name and suggested I take legal action. I had to respond that when I got my letter from the Division of Corporations it did say that it didn't give me exclusive rights to the name.
Funny thing, last year the same person who runs the organization here in Florida sent me an attorney's letter telling me to cease and desist from using the name Florida Mobile Notary Services as it could confuse their clients. They also told me to cease and desist from using the words Florida Mobile Notary, or Mobile Notary. Interesting that a couple of years after I registered the name, they added on "and Services" to their name to make it similar to mine.

I showed the letter to my attorney, I think he is still laughing.

Reply by TRG_wy on 8/14/07 12:09pm
Msg #205451

dba names are usually only controlled by the county, especially those that require a business license. They are also only valid within that county.

Now if you register as an LLC or other "company" through the SOS, that name is covered and recognized statewide as a "legal" entity. That is one reason why you must (to be legal) include the letters - LLC, Inc, Corp., ... after your name.

Having owned business in CA, AZ and Wy I became familiar with these little quirks.

Reply by Sylvia_FL on 8/14/07 12:21pm
Msg #205457

I registered with the State of Florida, not the county.

Reply by PCasey/CO on 8/14/07 1:17pm
Msg #205469

File a trademark name with your state, I think you can also file federal trademark.

Reply by Lee/AR on 8/14/07 1:56pm
Msg #205482

While I certainly agree that using someone else's 'name' is very tacky (as is plagarizing their words, copying their website, etc.), fact is, trademarking, copywriting, registering only establishes who was first. You still have to defend it. And, frankly, "Coast Notary" could mean a lot of different 'coasts'.

Reply by Sylvia_FL on 8/14/07 2:05pm
Msg #205485

That is what I thought about trademarking.
But, anyone can see from the Fl Division of Corporations website that I was using the name a few years before anyone else that is using it.

What was ridiculous was him also telling me to cease and desist using the words Mobile Notary!

Reply by Lee/AR on 8/14/07 3:16pm
Msg #205499

Couldn't agree more, Sylvia. Whole process leaves much to be desired. Didn't Prince lose the right to use his own name and had to become "the artist formerly known as Prince" and use a weird symbol for 'his name'.

Reply by CaliNotary on 8/14/07 9:20pm
Msg #205575

How do you know you were using it first? n/m