Incorperation questions.

[hockey97]

Hi, I want plan to incorperate a llc soon.

I have a question about the name.

I know I have to do something like buisness name (LLC)

I have to add the LLC to the name.

I saw some forms stating you can do business under another name.

Like lets say my business name is sunshine beans llc

would it possible for me to be doing business under angel cake creators.

so legally I can do business under 2 names sunchine beans llc and angel cake creators.

Would this allow me to legally own both names?

Like if I incorperate in ohio these names and find out someone in cali decided to name their business then same exact names.

would I legally own the names and could press charges on that person?

Isn't the business name called a trade name?

I want to know that if I can do business under another name then the incorperation name that this name I will own in the U.S
So that means no one in the United States Of America could have such a name as mine. Even the doing busines under another name.

[DerekS]

A couple of things...

First, you form an LLC, you don't incorporate one. Yes you can form an LLC and do business as (DBA) another name but you have to check your state laws as to the proper DBA disclosure process (others on here are well-versed in this subject.)

Secondly, you press charges against someone who has assaulted you- not someone who has stolen your name. You could sue them, but who really cares if there are two cake companies in different states with the same name- unless it's affecting your market share (at which point it may be worthwhile both monetarily and timewise to consider that option.)

You can trademark a name if you like, but I'm not sure what the process/costs would be.

Find your state's small business website or Dept of Assessments and Taxation and read up on what it takes to form an LLC. They're usually very comprehensive.

[hockey97]

I thought you can't take trade names from someoneelse?

define: trade name :
http://http://www.google.com/search?...e&ved=0CA0QkAE

I am just saying that I don't want to make a business name and then 5 or 10 years if the buisness does grow someone comes along and decides to take my name and start a business exactly like mine with the same name.

I understand I can sue them. The problem I have is why file your buisness name. why can't you just make a name on the spot buy a commercial lot and then start your business.
Why bother about paper work if someone could just take your business name or ideas and run with it.


I thought trade names are protected just as trade marks and copyrights.

[DerekS]

Here is a wiki definition of trade name:

Trade name - Wikipedia, the free encyclopedia

Either way, don't put the cart before the horse. Build the business and then worry about someone trying to capitalize on your success. If you have an established business and someone comes along and uses your exact name within your exact industry, you have a cause for a claim. It's unlikely that this will happen, at least not as blatantly as you're envisioning.

[rdc]

If you form your business, actually do business, and then register (successfully-assuming it's allowed) a federal trademark, others cannot use your name to do business if it is the same type of business (though some geographical limitations may apply).

Otherwise, common law of trademarks will apply and this is typically more geographically limited.

You can form the company using the LLC title (as is required), and then file a DBA which will allow you to use another name (e.g. without the "LLC"). However, when you do business (like signing contracts), you will need to ensure that the LLC is the party to the contract if you want to enjoy limited liability etc (assuming the other LLC formality requirements are met in this regard).

[LLCtaxes]

There are numerous different ways to structure your business. Your best bet is to NOT do it yourself. Hiring a service like Legal Zoom to file the paperwork for you is your best bet. It's inexpensive and they do a fantastic job.

[rdc]

I must respectfully disagree. Hiring Legalzoom to do your business structuring (ie incorporation) is truly the absolute worst option you could take if you foresee doing real business within the near future. Incorporation is a very complex process and a real incorporation requires multiple documents, many of which are quite long. Legalzoom (and other online "incorporators) give you the absolute bare-bones minimum required to form an entity, and they do not advise you on proper operation (which may render the entire thing null). You cannot boil this process (or most other real business transactions) down to a form on a web site. Many people do not understand this when incorporating, and are sorely disappointed later (particularly when more than one member/shareholder is involved), as these bare-bones documents leave the actual legal operation of the company up to the "defaults" within the state's corporation Act(s), and these "defaults" are far from optimal for any private company (they are generally written with public corporations in mind).

This is the order of priority of providers one should use when forming a business:

1) Attorney
2) CPA (not regular accountants)
3) Do it Yourself
4) Legalzoom / other online "incorporation services"

Options like #4 are not licensed professionals and have no specialized knowledge on this subject. Legally, they are only allowed to file the minimum paperwork with the state for you. If a non-attorney/non-CPA purports to offer business planning, it is technically a violation of the law, and more importantly, it's a bonehead way to go. You get what you pay for.

On that same note, avoid unlicensed "financial experts" and "tax experts", as the same limitations apply.

[Bert Seither]

I guess it really depends on what you can afford and what you really need then. Legal Zoom did my LLC and it was exactly what I needed. Although, if I could have afforded an attorney, I would have gone that way.