San Diego, CA asked in Business Formation, Business Law and Trademark for California

Q: Can I dissolve my LLC Partnership but keep my business name?

I had a DBA name as a sole proprietor for a few years, then reorganized to a CA LLC (partnership) with my husband. We trademarked the business name and one of its products while being an LLC.

We are divorcing and I am moving to another state. We want the business to go back to me as a sole proprietorship again. If we cancel/dissolve it, can I use the existing name (sans LLC)? Are my trademark's still good? Thanks.

1 Lawyer Answer
  • Trademarks Lawyer
  • San Diego, CA
  • Licensed in California

A: Trademarks are "good" if they are uniquely associated with the source of goods and services. The trademark should be owned by the entity that is using it. Trademarks and LLCs are forms of property. A divorce property settlement can determine who will own different pieces of property. An attorney can help sort out what is community property and what is separate property.

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