starting a business-copyright, trademark etc. ?s

[bayGIANTS]

I'm starting my own business and am trying to figure out what I need to do to get it started.

How do I go about gettin my shit trademarked so no one else can steal it. I tried searching for it but couldnt really find many specifics, at least not anything that made a lot of sense to me. can anyone help me get started?

and also, how do I figure out if my name has been used before? from what I have found, I have two options...either pay a company to find out for me, or else I can just chance it and apply for a copyright for my name but if its taken I dont get a refund. is this correct? you'd think the government would make it easier for someone to start up a business.

also what else do i need? do i need some sort of license? I am starting a clothing company

 

[Eternal Designs]

I'm starting my own business and am trying to figure out what I need to do to get it started.

How do I go about gettin my shit trademarked so no one else can steal it. I tried searching for it but couldnt really find many specifics, at least not anything that made a lot of sense to me. can anyone help me get started?

and also, how do I figure out if my name has been used before? from what I have found, I have two options...either pay a company to find out for me, or else I can just chance it and apply for a copyright for my name but if its taken I dont get a refund. is this correct? you'd think the government would make it easier for someone to start up a business.

also what else do i need? do i need some sort of license? I am starting a clothing company

For finding out if the name you want is already taken just go down to the city hall for your city and where you submit ficticious name statements/DBAs there is a terminal where you can search for your chosen name. This is usually a requirement for completing a ficticious name. But this list is only compiled for the state you're in.

While at your city hall also pick up a business license form. You can then open a business bank acount. Although many banks will let you open a new account with just a fictious name/DBA. Unless its a partnership or LLC/LLP.

Also you don't copyright a business name you trademark it.

You can find contact info for your local city hall/small business administration in the white pages under local government.

If you're in Cali take a look around the California Small Business Administration website - http://www.sba.gov/ca/

Other states have similar info on their respective websites.

Hope this helps.

 

[bayGIANTS]

thanks, it helps a little, but I am not looking for just a statewide thing, I want to cover as much as I can. worldwide, if possible.

also, how much does it cost to trademark the name and logo?

 

[C.M.P CEO]

hahah pay a company to find and see if its already in use?thats fuckin bullshit and a scam.

go to copyright.gov you can search their databases' for free,

go to www.uspto.gov and search trademark databases' for free.

it cost 350$ if you trademark your company name and logo together,thats what i did,and it takes about 8motnhs to get your approval letter thingamajig from them, but if you do it seperatly it cost you more, research more info at www.uspto.gov

if u dont kno what u are doing when filling out the form,get an attorney to help you,cuz the money will not be refunded and u will be ou like 400$ and u will be assed the fuck out,real talk

 

[C.M.P CEO]

cuzzo already told u about goin oto your local courthouse or whatever,fill out your thing for your dba license,answer a few qustions, pick a fictious name,like 4 or 5,just in case 1 is already in use,then after that u have to go to your local newspaper and run an ad for like 4-5weeks, stating that u are operating as such and such business,

 

[Defy]

thanks, this is good info

 

[bayGIANTS]

ok, after doing my own research I have found that I definitely need a lawyer since my name is kinda common and there are others out there pretty similar.

does anyone know how different the name has to be? like if for example your tentative name is "bay area" and there is another company that is using some variation of that name like "bay area fashion", could you just switch it up to "bay area branded" and be all good. or say "bay area" is taken, could you just add another word to it and there would be no problem? it seems like thats the way it is but i wouldnt want to pay a lawyer when I should just find another name anyways.

but damn this legal shit is gettin me really frustrated. I've gone through several names and the name I have now is really the only one that I am 100% happy with and I made a logo that I am 100% happy with too.

 

[Defy]

^try prepaid legal.....especially getting into shit like that where you'd need lawyers services....and I think if you add something to your name (like Co., LLC, or something like that) you should be good....but I'm not nowhere close to a lawyer, so my shit is just guestimations.......

be sure to report back here with your findings tho!

 

[bayGIANTS]

alright, i found this website that does free database searches but the free service does not seem to be very comrehensive. it takes 2-3 business days so I'll post up my review when i get their findings. it seems like a good first step and a slightly better alternative to jumping into hiring a lawyer right off the bat or doing the search myself with very little legal knowledge

here is the site for anyone else that wants to give it a try, it is a seemingly simple process:

http://www.directincorporation.com/trademark_services.php

 

[ReKz]

I think if you add something to your name (like Co., LLC, or something like that) you should be good....but I'm not nowhere close to a lawyer, so my shit is just guestimations.......

Those are indicators as to what type of business entity it is (the ones you posted are Corporation and Limited Liability Company) , you dont add them to your name just like that......

 

[yee]

alright, i found this website that does free database searches but the free service does not seem to be very comrehensive. it takes 2-3 business days so I'll post up my review when i get their findings. it seems like a good first step and a slightly better alternative to jumping into hiring a lawyer right off the bat or doing the search myself with very little legal knowledge

here is the site for anyone else that wants to give it a try, it is a seemingly simple process:

http://www.directincorporation.com/trademark_services.php

i tryed that out last night and they already called me back this morning, what does LLC actually mean? cuz they asked if i wanted to set my company as a LLC

 

[bayGIANTS]

i tryed that out last night and they already called me back this morning, what does LLC actually mean? cuz they asked if i wanted to set my company as a LLC

wtf? it has already been like 4 days for me and they havent gotten back to me yet.

but to answer your question:

Limited Liability Company - LLC

A corporate structure whereby the shareholders of the company have a limited liability to the company's actions.

 

[Eternal Designs]

Those are indicators as to what type of business entity it is (the ones you posted are Corporation and Limited Liability Company) , you dont add them to your name just like that......

Correct, and to do so without actually being chartered as a corporation, LLC or LLP is illegal and can get you sued or fined.

FYI, the various types of businesses are:
Sole proprietorship
Partnership
S-Corp
Corporation
LLC
LLP
And a few variations of the above depending on the state.

 

[Defy]

so what happened baygiants/yee?