Starting up a business is a complex and demanding process which involves many legal and other aspects. Before you decide to start up a business, you will need a well developed idea and a very detailed business plan. There is a lot to take into consideration, and one of the very important aspects are legal requirements you will need in order to set up a business in a proper, lawful way.
The first step to take is registering the business. What is required of you in this step is deciding whether your business will be sole proprietorship, a corporation, a partnership or a limited liability company. Depending on the business structure you choose for your business, the paperwork you will need for registration will differ.
Bringing Business Law Down to Earth
After registering a business as a desired structure, you will need to file request for business licenses on different levels. There are Federal, State and Local business licenses, and depending on the area of your business, you may need only one or all of them.
Another requirement is a Federal Employer ID Number, which is a business equivalent of a social security number granted to individuals. It is used for filing tax reports and other legal matters of owning or doing business.
If your business is related to selling taxable goods or services, you will also need to file for sales and use tax permit, and the requirements for being granted one depend on the state where your company is situated and registered.
Finally, you will need business permits. Depending on the type of business, these may include a seller’s permit, for reselling goods by other producer; a health permit, for business related to preparing food; and a zoned permit if your business is home-based, regardless of the area of business. Your patent lawyer could help you with all questions.
Establishing a business is a complex matter in all its aspects. Therefore, it is no wonder that choosing, registering and protecting a business name is also a complex task.
First of all, there are several forms that a business name can take:
1. Business legal name – this is a personal name of the business’ owner. If your company is a sole proprietorship, this name will basically be your personal name, even though it can be in some cases be changed.
2. Trade name or DBA name – if you own a sole proprietorship, a partnership or a limited liability company and you do not want the company’s business legal name to be your personal name, this is when you give it a trade name. The trade name is registered with your local government and it is also known as DBA name (short for “doing business as”).
3. Business trademark – trademark is your business name after it becomes government protected. After you register the company and its name as a trademark, you are granted a full privilege of owning the name, and it protects you from any infringement issues.
4. Domain name – in the modern era, this has also become an inevitable aspect of business – and it represents your online name. You should register your domain name in order to prevent others from using it on the Internet for any purpose.
The best way to protect your business name is registering it with your national registration authorities. If you live in the USA, you have two options – registering the name as a state trademark or as a federal trademark. Federal trademarks are a better option, because state trademarks are only protected within the borders of one state.
When it comes to international protection, it is important to know that protecting the business name in your country does not grant its protection abroad. If you plan to export the goods abroad, you need to contact the official authorities of the countries you want to export to, and file requests for registering a trademark there, presuming that the same business name does not already exist. If you want to know more please check will and trust lawyer orange county.