I have owned a business in CA since 2001 using a dba. I just found another company using exact same name.Do I have any recourse?

Maybe. We need more facts. For example, do you conduct your business as a sole proprietorship or through some other business entity such as a corporation or LLC? Also, when you say you have owned a business and have been using a “dba” (as a trade name) since 2001, what did you do to make the it your business’ “dba”. For example, did you record a fictitious business name (“FBN:”) with the recorder in the county where you do business? Have you renewed your FBN every 5 years without letting it expire? Is the company with the same name as your business conducting business in the same county where you recorded the FBN? If the answers to these questions are yes, then you may be able to force the company using your name to “cease and desist” or face legal action. A demand letter from and attorney along with a copy of the current FBN will usually yield compliance. On the other hand, if the answer to any of the questions regarding the FBN is “no”, then your are going to have a much more difficult time getting the other business to stop using your name. It might be worth buying an hour or so from an experienced business attorney who can review the facts and advise you on your best course of action.

You may, but there are a lot of variables to consider. Merely registering a business with the state or county does not convey any right to the name as a trademark. There could be business claiming your market area even they reside out of state or even out of the country. This is why it is critically important to do your homework before investing in the name just like you would if you were buying a business. Your trademark will be one of if not the most important and valuable business assets you will have and you will ultimately spend more money in support if it than you will anywhere else (advertising, marketing, PR, branding, packaging, etc.). So you owe it to your business and yourself to make sure you handle this properly upfront and the first order of business always starts with a proper and comprehensive clearance. Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you start spending any money in support of it or submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a brief article from Fox Business News on the importance of the due diligence process and our overview guide. I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with. Best regards, Frank Natoli-Lapin, LLC

If you are using your dba in association with selling your goods/services, then you likely have at least a common law trademark in that dba - but only limited to the specific geographic regions in which you are selling your goods/services. If you have registered that dba as a trademark either with California or federally, you may have some additional rights and/or presumptions in your favor. If this later in time business is using that dba or a dba similar to yours AND if the goods/services they are providing are similar to your goods/services, AND there is overlap in the geographic regions the other company is operating in, then you may have a claim for trademark infringement. And it may be important whether or not this other company has registered a trademark under the dba they are using. In short, you may or may not have a viable claim. You need to consult with your trademark attorney and go over your detailed facts to know what viable options you may have.