Can I use my last name for my business if it's similar to another business?
Well, the answer to this question depends upon the following:1. Are both the surnames and the businesses are similar?2. Is only the mark is similar and the businesses are different?If the condition is former, then that means that you are trying to infringe upon the trademark of someone else. To that end, the answer would be: NO.However, if the condition is the latter, it means that the mark that you have chosen is similar to the other one, but the businesses are different. This means the trademark class is different. If that is the case then you can use the mark.However, if someone has the name that is already registered, then you should apply for trademark registration under any case.
I have a DBA (doing business as - assumed name) for my business but then I moved to a different county in Texas. Do I need to get another DBA for that county or does my original DBA stand?
I recently encountered this I found a DBA with the state of Texas for all counties and so therefore I’ll county supply and that worked for several banks, however I recently opened an account with Chase Bank and Chase bank required me to file the DBA with in Harris County which is the county in which my business operates and so the answer is yes and no depends on the bank but as far as the state is concerned you can check the box that says all counties.
Do i need a dba if i drop llc from a business name?
You may or may not need one. Here is a general rule: If you use your last name in the name (i.e. John Doe) --> Doe's Tree Cutting Services then, you do not need a DBA. If you have a specialized name, like Microsoft Tree cutting, Apple Tree Cutting, etc. then you need a DBA
Do I need to register my business and business name?
This is a loaded question. I will be brief and answer based on US law, and if you have further questions I will leave my email below for you to reach out.So one, if you have not registered a business entity and you are currently doing business as a sole proprietor, it is likely that registering your business in the state you live in will be very beneficial. From a legal perspective this will help shield you from personal liability. I have written about this numerous times on my website at Blog | Montgomery Law, PLLC if you want to read more about what this means.Secondly, your business name is maybe your trademark at this point depending on a few things that I can’t tell from your question. If your business name is acting as a trademark then yes, registration with the USPTO is recommended. When you do this is a business decision that your attorney can help you with but registration is always a good idea. Unfortunately the discussion of trademarks could take days so I cannot get into specifics here, but again if you visit my site you will find multiple articles on the topic so hopefully some of that is helpful.This answer is very brief because your question is extremely broad and does not provide much detail so that is the best I can do for now. But, if you have questions feel free to email me at shannon@montgomerypllc.com.Please note that none of the above is to be considered legal advice nor has an attorney client relationship been created. I do not know you or your situation and I have not been retained as your counsel. This is merely meant as some general legal knowledge. Please note I am licensed in FL and CA and the laws will vary based on your jurisdiction.
Where do you register a name for a new business?
Depending on the type of business you are starting, there are categories a business falls into: trade, fictitious or corporate. If you want the name of your business to be protected so that others cannot use it, you will want to have either a trade name or corporate name. You should contact the Secretary of the State of Ohio to register a name. You may do this in writing and mail your request to the Office of the Secretary of State, 30 East Broad Street, 14th Floor, Columbus, OH 43266-0418 or telephone at (614) 466-3910. To check to see whether a name is being used in the State of Ohio at present, you may call a name availability line at (614) 466-0590. A trade name registration fee is $20 and reserves the name for five years. The registration of the name may be renewed at the end of each five-year term for a $10 fee. Register your business name under a fictitious name if you do not wish to register it as a trade name or corporate name and the name does not fully reveal the owners of the business. The law states that a business or corporation that uses a name other than the owner's personal last name or legal name must obtain a DBA business name certificate. Registering a business using a fictitious name does not guarantee that another business cannot use the same name. It merely functions as a way for the state to identify the business owner(s). Contact the Office of the Secretary of State to register a fictitious business name. Register the business name as a corporate name if you want your business name to be protected from use by others in the same manner as a trade name. If you choose to do this, understand that the name must end with or include "Company," "Co.," "Corporation," "Corp.," "Incorporated" or "Inc." Ohio Law guarantees that you can keep the corporate name as long as the corporation remains in good standing with the state. To register a name, contact the Office of the Secretary of State, 30 East Broad Street, 14th Floor, Columbus, OH 43266-0418 or telephone at (614) 466-3910. There is also a name availability line that you may call to see if a name is currently being used in the State of Ohio. The name availability line is (614) 466-0590. Hope this information is helpful! Good luck with your business!
How do I take my name off a business?
Hire an attorney draw up an agreement stating that she is to have your name and all guarantees removed from the business withing 30 days of purchase. If incorporated contact state and make them aware of change of ownership. VERY IMPORTANT if you have a credit with suppliers or banks make sure you contact them in writing and let them no you no longer own the business. If you dont and she goes defunct your liable even if you dont own the business.
Does it make sense to file for fictitious business name or "DBA" for variations of my business name?
U.S. perspectiveIt is impossible to provide a definitive answer to this question because not enough details have been provided.Without knowing the name of the business and the relevant variations, it is impossible to state whether those variations should be registered as fictitious business names.
Do I need to register a DBA (doing business as or fictitious business name) in New York if I want to do business using just my last name?
Disclaimer: I'm not an attorney or accountant.I'm not sure why anyone would choose to be a sole proprietor over a single member LLC. In Ohio it takes 5 minutes to fill out the LLC form and $125 check to the state. A week later, my new company is formed. I own several LLC's and have registered most of them myself. Sites like Legal Zoom are a ripoff and using an attorney to file an LLC form can be overkill, especially for a single member LLC where an operating agreement is not necessary. All they are going to do is fill the form out for you and send a check to the state which will cost you anywhere from $300-$1000. By no means is it a bad idea to consult an attorney or a CPA though. If you don't feel comfortable, seek professional help. You can probably pay them to get advice regarding what structure to go with, but I wouldn't pay them to actually carry out the filing/registering of the company, I personally think it's a waste of money.Ask other people you know in NY that have gone through the process before. In your example you would fill out the LLC form as "Manta Web Design, LLC." Technically if you want to drop the LLC and market yourself as Manta Web Design and have people fill out checks to Manta Web Design, you'd fill out a DBA or Trade Name form which is super easy and will cost maybe $25-$50 to register it.Run a business search to make sure the name isn't already taken too. Use this link >> NYS Division of Corporations, State Records and UCC <<
How do I change my DBA business name while keeping legally registered business name?
U.S. perspectiveAn individual or a legal entity can do business under more than one fictitious or assumed business name (DBA).To “change” a DBA, one need merely apply for a new DBA the same way the first one was obtained.State law may require that the first DBA be abandoned (a form must be filed with the applicable governmental entity) if it no longer is being used. However, failure to comply with that requirement is unlikely to have significant legal consequences.
Can I use my middle name as my last name? Specifically, can I use my first and middle name as a registered DBA, and I would also like to sign documents that way (sans surname), can I?
Is this a question about a legal name change? Or about the name you can use when you register your company?Would it be legal for you to use your first and middle name as a D/B/A for your company?Sure. You can call your company anything you like, as long as the name complies with whatever the requirements are in the jurisdiction where you are located.Would it be legal for you to sign documents with something other than your legal name?What kind of documents are you talking about?If you’re talking about a letter to your Uncle Leo or Aunt Sally, you can sign the letter any way you like.If you’re talking about a business contract, I wouldn’t recommend it. Technically, you can sign these documents almost any way you like, but why borrow trouble? If the fact that you provided a funky signature causes a lawsuit that you could have avoided, you can expect to pay legal fees amounting to tens of thousands of dollars litigating the issue, even if you wind up with a “win” on the books after all the dust has settled.If you’re talking about a government document that has to be signed with your full name, the answer is a definite “no.”