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can I do business under my own name?

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Old Jun 25th, 2008, 01:27 PM     #1
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Default can I do business under my own name?

I tried to register a trade name with the state using my last name as part of the title. 'Lastname Garden and Landscape co.' It turns out there is another person with the same name as me (both first and last) registered as 'First name last name landscape and garden corp."

We are not in the same market, rather on opposite ends of the state. It is highly unlikely that we will ever cross paths personally or professionally.

Can I continue to do business using my own name without registering it? Can I put it on a card or an ad in the paper? I am thinking of using something like 'Lastname Gardens' If discovered, would I simply have to cease using the name, or would there be legal/financial penalties?

I should add that our last name is a geographically descriptive word that is used in many business names in our area.
Thanks for any advice
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Old Jul 14th, 2008, 04:49 AM     #2
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Default Re: can I do business under my own name?

Hmm, since the other person has "First Name Last Name Gardening" I assume it should work out with you being able to register "Last Name Gardening" since you are in different areas. Good Luck!
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Old Jul 20th, 2008, 01:39 PM     #3
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Default Re: can I do business under my own name?

Thanks for responding! the problem is that the state will not allow me to register the name since someone else already has....thats how I found out about the other person with my name.
I just wonder if there will be any legal/financial consequences if I continue to use the name (without registering it of course).
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