# Business name



## kdfiter (Mar 31, 2019)

Not sure if this is in the right topic or not but i was wondering what the first step when naming your bbq business ..do start of with just a LLC or do you trade mark your business name


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## kit s (Mar 31, 2019)

Well not sure what part of the world your in. Different areas different rules. So research your area and ask questions of business in your area.


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## Braz (Mar 31, 2019)

Your LLC name is not necessarily the same as the public name you will do business under. For instance you could be "Kdfitter, LLC" doing business as (DBA) "Smokey Meat." You would need to copyright the name "Smokey Meat" in order to keep someone else from using it. But first you need to do a copyright search to make sure someone else has not already claimed the name.
A copyright is not self enforcing. If some steals your copyrighted name it is up to you to sue to enforce your copyright.
I think. (I am not an attorney.)


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## kdfiter (Mar 31, 2019)

Braz said:


> Your LLC name is not necessarily the same as the public name you will do business under. For instance you could be "Kdfitter, LLC" doing business as (DBA) "Smokey Meat." You would need to copyright the name "Smokey Meat" in order to keep someone else from using it. But first you need to do a copyright search to make sure someone else has not already claimed the name.
> A copyright is not self enforcing. If some steals your copyrighted name it is up to you to sue to enforce your copyright.
> I think. (I am not an attorney.)


Ok thanks for the input braz


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## HalfSmoked (Mar 31, 2019)

Yup for sure the laws are different in different states you would be better to contact a business attorney in your area here you would need one anyway to do the paper work.

Warren


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## dls1 (Mar 2, 2021)

kdfiter said:


> Not sure if this is in the right topic or not but i was wondering what the first step when naming your bbq business ..do start of with just a LLC or do you trade mark your business name



Over the years, I've formed four five businesses (1 C Corp. in IL, 1 LLC in FL, 2 LLCs in NM, and 1 Partnership in FL) and am somewhat familiar with the process, which, these days, can be fairly simple and easy if you follow the right steps.

First, for the name, simply go to the Secretary of State's website for your state and there should be a link for a business name search. If you don't find a match with the name you want to use your good to go. If you do find a match, check to see if the business is active or inactive. I've heard that, in some states, you can resurrect an inactive name for your use, but I wouldn't recommend doing that since you have no idea why that business went inactive. In any event, come up with a new name and try again.

Once you get the name availability issue squared away, there are several things that need to be done, some of which should be done concurrently. You need to determine the desired legal structure of your business whether it be a sole prop, partnership, or some form of a corp., apply for an EIN (Employer Identification Number) with the IRS, and prepare and submit the proper documents to your state to register the business and its name. 

In theory, you could do all of this yourself, but I don't recommend it. A competent business attorney  can do it, and you'll pay top dollar. For anything other than a C Corp. there are registration agents in every state that can handle the process though their prices can vary significantly depending on the services offered.

To give you an idea of costs, I helped my daughter set up an LLC in New Mexico last week for a virtual side business she and a friend formed. Though my daughter lives in  Chicago, and her friend lives in Berlin, New Mexico was chosen because the process is simple, fast, inexpensive, and allows a privacy shield not available in most other states. For public record purposes, only the registeration agent's name, address in Albuquerque, etc listed, not theirs. The total cost was $250 which consisted of the following: $50 filing fee for the EIN, $50 registration fee for New Mexico, $75 set up fee and $75 pre-paid annual service fee for the registration agent. I completed the online application in 15 minutes, paid the $250, submitted the application and, about 3 hours later, I received an email from the registration agent with the EIN from the IRS, the certificate and articles of organization in New Mexico, and around 70 pages of other required legal documents.    

Good luck, and let me know if you have any questions.


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