I'm just a hobbiest but, I came up with a cool name for some flathead speed parts business cards. I want to retain the logo and the name but need to know how to do it.
Piece of cake. All you have to do is go downtown and file a dba for whatever business name you would like. The will have a book with all the names that are taken so far, and you can make sure yours isn't the same as someone else's. Then you pay the couple bucks, and your business name is protected in your state. You can also file for a tax id number, but personally wouldn't, as now you would have to file quarterly taxes and yearly, and there are big penalties if you fail to file.
Just to correct this info a bit. At least in my state, a DBA is registered with the county and is protected only in that county. If you register with the state, it is protected within the state.
I registered mine with the state and federal gov and got the tax id's. You do have to file the tax documents every-so often but as long as you are not employing people or collecting sales tax you just check a few boxes and mail the forms back. You can also do it online. Its no big deal big deal.
or if you want to go the real cheap route you can do whats called a "poor mans copyright" what you do is put your logo and name in an envelope and mail it to yourself when it goes through the mail the date gets stamped on it and when it gets to you don't open it put it somewhere safe and keep it if theres ever a dispute over the name take the envelope to a judge and he will see the date it was sent proving that its yours.
Joe, not to quibble, but I have been doing some research lately on patent issues. The old trick of mailing it to yourself will not hold up in court or in any other matter that matters. I think it is because it is not "known" that you have the idea in the envelope, unless it is opened, which destroys its value as record. I was shocked when I found this out.
Plus...how hard would it be to mail yourself an unsealed envelope? Tuck the flap in, mail it, done. Then you could stuff it and stick the flap down any time after that and claim it was there all along. A notarized form would be a little better, but...not much. Back to the original topic... As others have said, the process varies by state and town, but they've nailed the general idea. If you're running your business out of your house, make sure that you are within the local laws about home businesses. Otherwise, registering the name might stir up some unwelcome attention. A suggestion...might be worth grabbing the domain name (www.whatever your business name is.com) while you're at it. Usually you can register the domain for free, and it sits around pointing to an ad for the registrar until you decide to do something more with it...but...it's registered to you.
Dont forget to also register domain names for internet use. Thats cheap to do, and do it for .com, .net etc.
Here is some info I found. http://www.nolo.com/article.cfm/objectID/F508119A-1D7C-4AB4-B7EB37BA9570E0B8/111/228/195/ART/
Go to Google, click "advanced". Do a search with domain set to .gov. I got to what looked like the right stuff using copyright as a necessary word and logo or trademark on the "OR" line...I think your issue is actually a trademark and not a copyright. This search gets you government info sites with how-to stuff.
the only legal way is to file a federal tradmark registration, you will need a trademark laywer, this is very specilized, cost about 3-5 grand, and then even if you have the trademark you must be able to defend it, more lawyers and more money, and it is only for the usa, worldwide apps are very pricey. and then you must use the trademark in commerce, if you do not advertise and use the trademark you can lose it. so upkeep cost some cash to, basically your cool idea must make you money or having a trademark is a financial black hole. been there done it
Every state is different some business entities are only good for restricted areas . A sole proprietor is the easiest to set up but will not cover your butt and you pay the highest tax rates.
You can do a trademark application by yourself, but you will probably wish that you had some help before it's over. The best thing is to talk to a lawyer about what you need to cover your butt. A lot of people have been going to LLP's, as they have the advantage of being taxed like a sole proprietorship, but limit any financial claims to the business only, and not your personal property. It gives you the protection of a Corporation, without the double taxation, if I remember it right.
just as an FYI. In some states, you are required to register your business name with the state AND any city that you will be doing business in. I would contact your state dept. of labor and industries to find out the particulars. You should be able to go to your states web site and find out what you need to know. Now here in Montana all you need to do is register with the state unless you open up a store front, then you have to register with the city or county. As for the tax I.D., you can just use your ss# as long as you stay a sole proprietor. When you start hiring employees, then you need a tax I.D.# Larry
well if you copywrite a drawing of say a ford with the name flathead fred in it. you own the rights to that image not the name. someone can inc. or dba flathead fred, and as long as their logo is "different enough" you're sol..... i believe the only problem with that is if you do business for someone you don't know/ trust, you have to give them your ss# when you fill out paperwork...
i believe the only problem with that is if you do business for someone you don't know/ trust, you have to give them your ss# when you fill out paperwork...[/quote] The only time you give them your SS# is when you have to fill out a the form for your taxes, just like you do when your employer hands you your w4 to fill out. Being a residential painter, I only give that info out to contractors that I do jobs for. Otherwise I just hand the people a copy of my state contractor licence. Larry
I do know that in Ohio they have a One Stop Business Startup center, they have all the forms and requirements for business startup. I followed these, and a simple visit to the Auditors office and a small fee later, I had a DBA set up. But it was only protected within the county. If you plan to do business state wide, you will want to visit the state offices for the info.
NJ seems to have an online process similar to FL. Go to http://www.state.nj.us/treasury/revenue/filecerts.htm and you'll find a link to an online search for names and a business registration process. Here in FL, once you have a name registered with the state, you also have to have a business license for you city and/or county. NJ is probably similar so check with the local tax guys as well. Also, check with the local office of the SBA. Go to SBA.gov for addresses and numbers. Lots of help there. Don't get confused between trademarking a brand and having a "DBA" (doing-business-as) name. Two different issues. Three different issues if you count patents. Just be aware that as you do your search for a business name, it may also be in use in other parts of the country besides New Jersey. If you intend to do business in other states you may have to register there, as well, and you have to take care not to infringe on another company's name and brand. For example, it may be entirely possible that the NJ database will show Ford Motor Company as an available name. I recommend you not use that one..... Good Luck!
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