Once again, you did it SO much easier. No one has been able to explain this or give me an answer until now - thank you!

@ElizabethPW

Жыл бұрын

Great to hear!

Super helpful - I've been trying to find a clear answer on this, specifically when to use DBA vs TM and your response was very insightful. Thank You!

@ElizabethPW

7 ай бұрын

Glad it was helpful!

If you'd like more info about DBAs: kzread.info/dash/bejne/oYGF0Ll6fNy4l7w.html and Trademarks: kzread.info/head/PLd0wcIHXfOTffWuy8MRFgQuGrPza1HAgQ

Hi Elizabeth, thank you so much for all the videos you are doing. They have been so very helpful. If I filed a DBA under my sole proprietorship when the business grows enough and I eventually switch as an LLC am I able to adopt the same exact name for my LLC or will I have to set up a new name for the LLC? This is in California.

@ElizabethPW

Жыл бұрын

Yes you can switch and it should be okay to have it be SameName LLC (unless someone else randomly makes an LLC with that name first). You'll just need to add "LLC" or similar to the end of it.

Question 🙋‍♂️ I was reading about the date we put on the trademark application is important but they say the date is very important to g on back and check if it was out already

@ElizabethPW

2 ай бұрын

Not sure what you mean exactly but yes the "first use in commerce" date is very important

I want to trade mark my logo for my clothing brand , i was wondering if summbitting a black and white version is enough to protect it from anyone else using it in any color scheme as well as to let me use any color scheme for it. Should i use tailor brands for my trade mart and dba and llc or should i do it myself.

@ElizabethPW

11 ай бұрын

Generally speaking a black & white trademark is more broad, because it applies to any color scheme. If you want to hire someone, I'd recommend trademarkia.com

I have a walking tour business under a broad name and now I am wondering if I need a FBN for the only tour we will offer as it has a sort of specific name? I have a website url for info/booking by the name of the walking tour. I dont use the registered corp name of business on website except like in the footer. The fees are labeled by broad company name which is ok for me. Sorry for being confusing! Love the videos!

@ElizabethPW

11 ай бұрын

Well you could get the DBA but you could also jsut make sure you have the corporate name of the biz in more places -- the footer you already have, and the fees, but also add it to the terms of service and any legal agreements

@te6000

11 ай бұрын

@@ElizabethPW Thanks. Hope things are working out for you.

Elizabeth, I have a LLC but I want to deploy a website that is referencing a different name. Is it best I file a DBA? Also does my DBA have to be filed in the same state as the LLC?

@ElizabethPW

5 ай бұрын

Most likely you'd get a DBA, unless you want to put the name of the LLC on that website (in the footer, about page, etc.). You file the DBA where you are operating

If I have a registered Dba through county level and someone is using a name similar to mine in same service area but (not registered through uspto) would it be logical to form trademark now for the dba or wait till I file to an llc with a yr to a year and a half ? Please help

@ElizabethPW

2 жыл бұрын

You'd do the trademark to help you with this other person using the same name. (Once you get the LLC later, you can "assign" the trademark to it.)

Currently filling for LLC in California as an apparel company, but state won’t accept the LLC name as it contains the word “therapy” in the title as it indicates a professional company. If we picked a LLC name that fit their recommendation, would we have the same problem filling for a DBA using the original name containing “therapy”? Would a trademark have any of these issues?

@ElizabethPW

Жыл бұрын

Trademarking doesn't make a difference to CA. Hm as far as getting a dba/fbn with "therapy" in the name -- I don't think the county checks for that, but it would need to be not misleading, otherwise it would run into other problems (unauthorized practice of therapy laws etc.).

Would a DBA still be needed if we are adding “The” to the name? For instance, my LLC is Crystal Curio LLC but I intend to use The Crystal Curio for branding and marketing.

@ElizabethPW

Жыл бұрын

So for an LLC you need to use the exact legal name, or you need a DBA/FBN, in California (other states have their own rules). But that doesn't mean you need the LLC in your domain name or on the website banner necessarily -- but need to use it in marketing as the name of the business (footer of the website, in contracts, in terms, etc.). But of course it can be good to get the DBA just to cover yourself.

If I have a trademark which is different from my llc name and the trademark is the name I am publicly doing business as, do I still need to file an actual dba?

@ElizabethPW

Жыл бұрын

So the DBA is a state law requirement, they don't care about whether you have a federal trademark. If the state requires a DBA (not every state has it) and you're using a name that's not the LLC name, you need the DBA.

I'm trying to set up a new corporation with California Secretary of State. The name I've chosen(for example: ABCD, Inc.) doesn't exist in their database but I recently realized someone already registered the same name as a DBA without a business entity identifier(for example: ABCD) with the county I am located. It's a sole proprietor and looks like it's not an active business since there is no online presence. Do you think this is going to be a problem in the future? Thank you!

@ElizabethPW

Жыл бұрын

Well the state does not check with the DBA database, so you'd be able to file the LLC. If the business actually existed, there could be a trademark problem, so make sure it is not existing (and there is no registered USPTO trademark)

@kianizadi

Жыл бұрын

@@ElizabethPW thank you! Nothing registered with USPTO the only thing I found online is that they registered for a tax certificate with the city and canceled it after a year in 2021.

Hello, my question is this, I want to start a product based business, starting online. Form my LLC something different than my brand name. So for example, "Better Monday Holding Co LLC". But to the public, (and trademark) my brand name will be something like "Monday Co". My bank and all legal documents would be signed and opereated as "Better Monday Holding Co LLC". Just the name on my product, website, marketing etc, would be Monday Co. Would that need a DBA? Thank you

@ElizabethPW

Жыл бұрын

Right so it depends on the laws of your state, but yes you'd usually need a DBA for Monday Co if you want to use it without the LLC name in your marketing/website etc. Really DBAs are not expensive so it makes sense to do it, just in case, so you are covered

@matt8953

Жыл бұрын

@@ElizabethPW thank you! So confusing.. I get differing answers online.

@matt8953

Жыл бұрын

@@ElizabethPW if I named my LLC “Monday Co LLC”, I could just use “Monday Co” without LLC next to it on all marketing and products/logos with no problem and no DBA?

@ElizabethPW

Жыл бұрын

It depends on the law of your state. For example in CA you must use the LLC or you need a DBA. But not in the logo itself or a banner or domain name -- you'd put it in the footer of the website, on packaging, etc.

@matt8953

Жыл бұрын

@@ElizabethPW thank you ☺️👍🏻

Hi Elizabeth 👋 So I plan to start a clothing brand under a name that I made up. I live in Mew York City, and I want to go through the legal process in order. To my understanding, I should trademark the name of the brand, form the brand into an LLC, and then go the DBA route? Please help direct me, thanks.

@ElizabethPW

Жыл бұрын

Trademarking will take a while, so it is good to get that started but it will be 6-12 months before you hear anything on it. You only need a DBA if the name of the business is different from the LLC name. Otherwise, yep form an LLC or Corporation (there are huge publication fees in NY state for LLCs so many times we file a corporation instead) and protect the brand via trademarking it.

@patrickdejaneiro7085

Жыл бұрын

Okay gotcha. 1st step should be to jump into the trademarked process. Once that's completed, I plan to use the name of the brand as the name of the LLC so at that point a DBA won't be necessary is what you're saying. Also, the LLC is me just solidifying my brand as an actual company right?

@ElizabethPW

Жыл бұрын

The main point of the LLC is to limit liability (and also can do tax planning, if needed). Sometimes also need for branding, depending on the industry, too

@patrickdejaneiro7085

Жыл бұрын

@Elizabeth Potts Weinstein Thank you so much for the advice Elizabeth 😄 I submitted the trademark application and im now patiently waiting to hear back👍

Thanks for this video. I have been so confused about DBA. I will be selling on amazon and I'm going to start as a sole proprietorship, would I I register my own legal name doing business as my brand name? Im also wanting to trademark my brand. Does my dba have to be my brand name or can it be different then my brand? And then trademark my brand?

@ElizabethPW

Жыл бұрын

So if you are operating as a sole prop, yes you'd file a DBA where the legal name / owner is your own legal name, and the store brand you are operating under is the DBA name. Trademarking is separate, but generally yes you can trademark the brand name, whatever words identify you as the source of your products, in the mind of customers.

@sarahgilardi4044

Жыл бұрын

Thank you so much and then later when I change to a LLC I just use my brand name or I can choose a different name other than my brand name for the business name?

@ElizabethPW

Жыл бұрын

The name of the future LLC can be your brand name or it can be anything else (that's legally allowed for LLCs) -- does not need to match up. If not, you'd get a DBA for the brand name (with the LLC as the owner of that dba).