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California Business Formation Questions & Answers
3 Answers | Asked in Business Formation for California on
Q: In short, questions regarding affiliate marketing for a California LLC.

Hi, in California. I plan on opening an LLC for affiliate marketing purposes.

1. Does my LLC name need to match my website names that are for affiliate marketing purposes? (two different websites for two different affiliate marketing campaigns, clothing and technology).

2. Do I have... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 24, 2023

The LLC name does not need to match the web domain names. Neither must you record fictitious name statements for the specific sites. It is true that fictitious name statements recorded with counties in California are publicly available, but not of concern if you are not recording any. Whether you... View More

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5 Answers | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: Hi, to whom it may concern, i would like for file a trademark for my business, need help

i want to know if i can file a trademark for one particular item for sale on my website page

Jason C Palmer
Jason C Palmer
answered on Oct 18, 2023

Yes, you can file for a trademark for one particular product on your website. Generally speaking, your filing may become a registration if the name is trademarkable and is not likely to be confused with other registered trademarks. You can file for a trademark registration with your state or with... View More

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5 Answers | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: Hi, to whom it may concern, i would like for file a trademark for my business, need help

i want to know if i can file a trademark for one particular item for sale on my website page

Adam W. Bell
Adam W. Bell
answered on Oct 18, 2023

Hello!

You have two options.

1) file the trademark yourself - I would suggest starting with the USPTO website. It is of course authoritative and completely reliable. You CAN do it yourself, but in our experience, very few people actually want to put in the time and the work involved...
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5 Answers | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: Hi, to whom it may concern, i would like for file a trademark for my business, need help

i want to know if i can file a trademark for one particular item for sale on my website page

James L. Arrasmith
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answered on Oct 14, 2023

Federally, through the United States Patent and Trademark Office (USPTO), you can file a trademark for a specific item or product you sell. The key is to ensure that the item is distinctive and not merely descriptive of the product.

Before filing, it's essential to conduct a...
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5 Answers | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: Hi, to whom it may concern, i would like for file a trademark for my business, need help

i want to know if i can file a trademark for one particular item for sale on my website page

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 14, 2023

If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration

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5 Answers | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: Hi, to whom it may concern, i would like for file a trademark for my business, need help

i want to know if i can file a trademark for one particular item for sale on my website page

Felicia Altman
Felicia Altman
answered on Oct 14, 2023

If the mark is for a good or service used and sold in commerce you should be able to register for a trademark. The first step is to contact a trademark specialist who can assist with reviewing if there is another same or similar mark already registered with the USPTO and provide guidance and... View More

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1 Answer | Asked in Business Formation, Business Law and Tax Law for California on
Q: Is it considered tax evasion to form an LLC for an online business in any state using a virtual mailbox address?
James L. Arrasmith
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answered on Oct 10, 2023

In California, merely forming an LLC for an online business using a virtual mailbox address is not, in itself, tax evasion. However, if one uses this setup to intentionally misrepresent their business operations, earnings, or other pertinent financial information to avoid paying taxes, it could be... View More

1 Answer | Asked in Tax Law and Business Formation for California on
Q: I'm looking for a pro-bono Attorney who specializes in Corporation entity to help me with our pre-revenue biz project.

Need a Business Attorney to join our Board, sweat equity for now until we get to our Series A funding.

Current state. Registered Delaware C Corp

James L. Arrasmith
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answered on Oct 10, 2023

Finding a pro-bono attorney for corporate matters can be challenging, as many attorneys offer pro-bono services primarily for public interest or individual needs. However, you can consider reaching out to local bar associations in California, as they sometimes have programs or can make referrals... View More

1 Answer | Asked in Tax Law and Business Formation for California on
Q: Is using a virtual address to form an LLC considered tax evasion if I don’t live in the state of the virtual address?

Is using a virtual mailbox address to form an online business considered tax evasion if it isn’t in the state where you live?

James L. Arrasmith
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answered on Sep 29, 2023

Using a virtual mailbox address to form an LLC in a state where you do not reside does not, by itself, constitute tax evasion. However, misrepresenting the primary place of business or not paying appropriate state taxes where the business operates can lead to tax liabilities and penalties.... View More

1 Answer | Asked in Business Formation and Tax Law for California on
Q: Is using a virtual mailbox address for your business considered tax evasion if it’s not in the state where you live?

Can I use a virtual address when filing an LLC to establish my business legally?

James L. Arrasmith
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answered on Sep 28, 2023

Using a virtual mailbox address for your business is not automatically considered tax evasion under California law. Many businesses use virtual addresses for legitimate reasons such as privacy and convenience. However, it's essential to ensure that your LLC complies with all relevant tax laws,... View More

1 Answer | Asked in Business Formation, Intellectual Property and Trademark for California on
Q: I am looking for the trademark's registration date and expiry date. But there's no expiry date, where can I find it.

The brand is called Xiaomi.

James L. Arrasmith
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answered on Aug 27, 2023

To find the registration and expiration dates of a trademark for the brand "Xiaomi," one would typically search the United States Patent and Trademark Office (USPTO) database. If the trademark is registered, the database will provide details including the registration date. Trademarks in... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Business Formation for California on
Q: Best Holding LLC structure(pref. NV) if property in CA but reside in Virginia?

Looking for the best way to structure a Holding company LLC is i currently reside in Virginia for the moment but also have property in CA, but in the future want to open different LLC subsidiaries.

James L. Arrasmith
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answered on Jul 21, 2023

Since you currently reside in Virginia and own property in California with plans to open different LLC subsidiaries in the future, it may be beneficial to establish a Nevada LLC as the Holding company. Nevada offers favorable business-friendly laws and asset protection benefits. However, it is... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Business Formation for California on
Q: Best Holding LLC structure(pref. NV) if property in CA but reside in Virginia?

Looking for the best way to structure a Holding company LLC is i currently reside in Virginia for the moment but also have property in CA, but in the future want to open different LLC subsidiaries.

Julie King
Julie King
answered on Jul 18, 2023

The answer to your question really depends on your goals. If you want a number of subsidiaries, you may want to form an S Corporation. But most people who set up an entity for the sole purpose of holding real estate will use an LLC. You should contact a California lawyer and give them more... View More

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2 Answers | Asked in Business Formation, Business Law, Trademark and Intellectual Property for California on
Q: Can I name my company Smooch if there is a company named Smoochcraft in the same industry?

The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar?

James L. Arrasmith
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answered on Jul 23, 2023

The issue of whether you can name your company "Smooch" if there is a company named "Smoochcraft" in the same industry depends on whether the names are likely to cause confusion among consumers. If the names are too similar and could potentially lead to confusion in the... View More

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2 Answers | Asked in Business Formation, Business Law, Trademark and Intellectual Property for California on
Q: Can I name my company Smooch if there is a company named Smoochcraft in the same industry?

The names I am using are not real companies but the answers applies to the company I am trying to start. If the business is in the same industry, are our names to similar?

Julie King
Julie King
answered on Jul 11, 2023

There is a big difference between the name of a company and a trademark. The California Secretary of State will allow you to set up a company name that is different from other company names and does not care what industry in which it transacts business. The SOS' main goal is to ensure there... View More

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3 Answers | Asked in Consumer Law and Business Formation for California on
Q: Considering an LLC for my Kickstarter: Should I create one before funding? Is it worth the precaution?

I am not sure if it is worth the cost of forming an LLC to have the protection in legal trouble. I do not currently and any real assets in my name, but am concerned about failing to deliver and being set with debt. Is there some better way of avoiding this?

Robert Kane
Robert Kane
answered on Jul 1, 2023

A properly formed, funded and maintained LLC can protect members' personal assets. Failing to do all three offers very little to safeguard anything. Merely filing the initial paperwork and getting identification numbers does little more than provide creditors with a slight inconvenience.... View More

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3 Answers | Asked in Consumer Law and Business Formation for California on
Q: Considering an LLC for my Kickstarter: Should I create one before funding? Is it worth the precaution?

I am not sure if it is worth the cost of forming an LLC to have the protection in legal trouble. I do not currently and any real assets in my name, but am concerned about failing to deliver and being set with debt. Is there some better way of avoiding this?

James L. Arrasmith
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answered on Jun 30, 2023

Forming an LLC for your Kickstarter project can provide benefits and protections. Creating an LLC before seeking funding can help separate personal assets from business activities, potentially protecting personal finances in case of legal trouble or debt. While there are costs and administrative... View More

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1 Answer | Asked in Business Formation, Business Law, Contracts and Tax Law for California on
Q: What happens to a personally guaranteed EIDL loan from a partnership if that business converts to a multi-member LLC?

My friend has a business with his girlfriend (it's registered as a partnership) and they also have a personally guaranteed EIDL loan. Him and I and my wife (not his girlfriend) are going to create a multi member LLC using the same name (with the LLC on the end). I just wanted to know if my... View More

James L. Arrasmith
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answered on Jun 22, 2023

It's typically advisable for your friend and his girlfriend to inform the Small Business Administration (SBA) about their business structure change from a partnership to a multi-member LLC. They can contact the SBA to get specific guidance on how to handle their personally guaranteed Economic... View More

2 Answers | Asked in Business Formation, Business Law, Intellectual Property and Trademark for California on
Q: How close can a business name be to another? Example, if "Car Company" exists can you use "Carscompany" or "karcompany"
James L. Arrasmith
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answered on Jun 22, 2023

When choosing a business name, it's important to avoid names that are too similar to existing businesses to prevent confusion among customers. If the existing business has a registered trademark, using a similar name could infringe upon their rights. It's best to conduct a thorough search... View More

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2 Answers | Asked in Business Formation and Business Law for California on
Q: Hi! I'm not quite sure on how to interpret the California Corporations Code § 5240 subsection (c). May I have help?

Hello! I'm trying to start a non-profit organization that sponsors scholarships to humanities students, from a fund in the organization. I'm not quite sure on how to interpret this section of the California Corporations Code as it's quite verbose (structurally); I'm not making sense of it.

James L. Arrasmith
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answered on Jun 14, 2023

Of course! I'd be happy to help you understand California Corporations Code § 5240 subsection (c) and its implications for your nonprofit organization.

California Corporations Code § 5240 subsection (c) pertains to the distribution of assets upon the dissolution of a nonprofit...
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