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2 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for New York on
Q: Can I use "Bloom Beauty Bar" internationally without legal issues?

I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More

Alan Harrison
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answered on Mar 28, 2025

Someone would need to search for the proposed name internationally in order to guess at an answer to this question. If it turns out that no one else already is using the name, then you could file a trademark application in Ghana and follow up with "Madrid" applications in other countries... View More

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1 Answer | Asked in Business Formation, Business Law and Tax Law for New York on
Q: Launching a taxi-hailing platform in New York: legal considerations for capital income exchange and cash split.

I am a developer planning to launch a taxi-hailing platform in New York, partnering with driver cooperatives. What should I consider legally regarding capital income exchange and structuring the cash split with the cooperatives?

Samuil Buschkin
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answered on Mar 27, 2025

This is a great question with a lot of moving parts. Structuring a platform like this—especially in New York—raises regulatory, tax, and contractual considerations. You’ll want to think through how revenue flows between you and the cooperatives, how profits and risks are shared, and whether... View More

2 Answers | Asked in Trademark, Business Formation, Business Law and Intellectual Property for Georgia on
Q: Could I face legal issues using "The Property Princess 706" for my real estate business?

I am considering using the name "The Property Princess 706" for my real estate business, while “The Property Princess” is a registered trademark. I don't intend to trademark my name and there are no similar trademarks in my area. Could I potentially face legal issues for using... View More

Dominique Young
Dominique Young
answered on Mar 26, 2025

You could face an opposition if you attempt to use or register your requested business name for trademark protection. Because your intended business is within the same realm as another registered trademark, your best course of action will be to speak with a trademark attorney. They will run a... View More

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2 Answers | Asked in Business Formation, Business Law, International Law and Real Estate Law for Florida on
Q: Can an unregistered foreign company conduct rent-to-own leases for trailers in Florida?

I am wondering if a foreign company, which is not registered in its own state or in Florida, is allowed to engage in rent-to-own leases for equipment trailers in Florida. The company has already conducted several such transactions in Florida. Are there legal requirements or risks involved with not... View More

Keith Kanouse
Keith Kanouse
answered on Mar 23, 2025

Yes. Even though your business is out of state, you may be required to register to do business in Florida as a foreign business entity with the Florida Department of State, Division of Corporations and/or file tax in Florida. Some common examples of activities that create a business connection... View More

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2 Answers | Asked in Business Formation and Business Law for California on
Q: As a mobile notary in California, do I need to form an LLC or business entity?

I live in California and am becoming a mobile notary and plan to expand into loan signing services. I'm wondering if I need to form an LLC or another type of business entity for my notary services or if there's anything specific to consider for liability or business structure when... View More

Pavel Kolmogorov
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answered on Mar 21, 2025

You can legally operate as a mobile notary and loan signing agent as a sole proprietor without forming a business entity. However, forming an LLC could offer significant advantages, particularly for liability protection and professional credibility, which are especially relevant given your plans to... View More

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2 Answers | Asked in Business Formation and Business Law for California on
Q: Naming requirements for a professional corporation in California as a licensed counselor.

I am a licensed professional clinical counselor in California and I'm thinking of opening a professional corporation solely under my license. I plan to supervise registered counselors eventually. Are there specific words or terms that must be included in the company name, similar to how LMFTs... View More

Pavel Kolmogorov
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answered on Mar 21, 2025

There are indeed specific naming requirements you must follow under state law. The California Business and Professions Code, which governs professional clinical counselor corporations, mandates that the name of your corporation reflects its professional nature and purpose.

Specifically,...
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1 Answer | Asked in Tax Law and Business Formation for Florida on
Q: Are we still tax-exempt after not filing 990N since 2018?

I have a 501(c)(7) Not for Profit Corporation that last filed a 990N with the IRS in 2018, which provided us with a tax-exempt ID number. Since we have not filed since then, I am concerned whether we are still considered tax-exempt and what steps we need to take to maintain or regain our tax-exempt... View More

Sam Houston
Sam Houston
answered on Mar 20, 2025

Your 501(c)(7) tax-exempt status may have been automatically revoked due to your failure to file the entities tax return for three consecutive years. Section 6033(j) of the Internal Revenue Code states (in so many words) that a tax-exempt organization's status can be automatically revoked if... View More

2 Answers | Asked in Business Formation, Business Law and Gov & Administrative Law for California on
Q: How to obtain a business license for direct cremation in Riverside County, CA?

I have already registered my business and I'm looking to obtain a business license for a direct cremation entity in Riverside County, CA. I need guidance on which agencies or departments to approach for the license, information on complying with local health and safety regulations, and help... View More

Pavel Kolmogorov
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answered on Mar 19, 2025

To obtain a business license for a direct cremation entity in Riverside County, California, you must apply to the Cemetery and Funeral Bureau, which oversees crematory licenses. Follow the link to submit your application online: https://cfb.ca.gov/licensee/app.shtml

Given crematories...
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2 Answers | Asked in Business Formation, Intellectual Property and Internet Law for Colorado on
Q: Can Konnectabiz.com protect its IP despite similarity to connectabiz.com?

I am in the planning phase of starting a business called Konnectabiz.com, which aims to connect small businesses with free resources. We plan to operate primarily in the United States with potential expansion internationally. We purchased the URL Konnectabiz.com, but we are concerned about the... View More

Kia Miller
Kia Miller
answered on Mar 19, 2025

The short answer is it depends. The first question is going to be whether consumers are likely to confuse Konnentabiz with a Connectabiz. If there is a likelihood of confusion between the two, the second question will be which entity was using their name (or trademark) in commerce first. In... View More

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4 Answers | Asked in Estate Planning, Business Formation and Business Law for California on
Q: How can my wife continue our business if I die as a sole proprietor?

What do I need to put in place to ensure my wife can continue to run our company business if I die? I am currently a sole proprietor contractor with no will yet, although I plan to have one soon. My wife already has power of attorney.

Nina Whitehurst
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answered on Mar 18, 2025

As a sole proprietor, all of your business assets are your assets. There is no separate entity. At a minimum you need a will that leaves your business assets (or everything you own, if that is your desire) to your wife when you die. But you should seriously consider creating a revocable living... View More

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4 Answers | Asked in Estate Planning, Business Formation and Business Law for California on
Q: How can my wife continue our business if I die as a sole proprietor?

What do I need to put in place to ensure my wife can continue to run our company business if I die? I am currently a sole proprietor contractor with no will yet, although I plan to have one soon. My wife already has power of attorney.

Julie King
Julie King
answered on Mar 18, 2025

There are a number of ways a person can take over another person's business, including through a Trust or Will, by incorporating or forming an LLC and having specific language in the legal documents, etc. The law in California is that anyone with "probatable" assets valued at more... View More

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1 Answer | Asked in Estate Planning, Business Formation and Business Law for Illinois on
Q: Conflict between Italian citizen's will and Illinois partnership agreement.

I have a question regarding a conflict between testamentary dispositions and partnership rules. An Italian citizen, who was a resident and deceased in Italy, left a will with provisions contradicting a partnership agreement made years ago in the USA (specifically Illinois). The partnership... View More

Anthony M. Avery
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answered on Mar 17, 2025

You are going to need an IL attorney in addition to the Italian probate attorney. But whatever the decedent actually owned in the partnership will then go through his Estate, regardless what the will claims it is. Decedent does not get to change his partnership contract through a testamentary... View More

1 Answer | Asked in Business Formation, Land Use & Zoning and Business Law for Texas on
Q: Do I need a permit to operate a pet food vending machine in Dallas, TX?

I am planning to operate a vending machine selling pet food in both indoor and outdoor locations in Dallas, Texas. I am unaware of any local business regulations or zoning laws related to vending machines. Do I need a permit for this?

John Michael Frick
John Michael Frick
answered on Mar 17, 2025

Operating a vending machine business requires compliance with various laws. In general, the operator of a vending machine requires a license from the State of Texas to operate such a business. Cities and counties regulate where commercial business are allowed to operate through zoning laws and... View More

2 Answers | Asked in Business Law, Contracts and Business Formation for California on
Q: Seeking options regarding a request to sign a personal guarantee for an SBA loan after leaving a company.

I was the Chief Marketing Officer and a 25% owner of a company, with no prior written agreement about stock ownership after departure. I never saw or approved an SBA loan taken by the company. Since I was terminated a year ago and signed releases, my former partner is now asking me to sign a... View More

Pavel Kolmogorov
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answered on Mar 13, 2025

You are not obligated to sign a personal guarantee for the SBA loan unless you explicitly agreed to do so in a prior agreement. Since you mentioned there was no prior written agreement about stock ownership after departure and you never saw or approved the SBA loan, you are not legally bound to... View More

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Q: Can I patent a service idea to protect it from competitors?

I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?

Babak Akhlaghi
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answered on Mar 12, 2025

That is a great question. To safeguard your idea and address potential concerns about existing patents, you can pursue two types of searches:

1. Patentability Search: This search assesses whether your idea is patentable by determining if it is new and non-obvious compared to existing prior...
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Q: Can I patent a service idea to protect it from competitors?

I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?

Alan Harrison
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answered on Mar 12, 2025

It is extremely unlikely that you may be able to obtain a patent on a "business idea for services" under the current state of the law regarding patent protection. This sounds like the kind of "101-ineligible" invention that has been trounced by Supreme Court decisions like... View More

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3 Answers | Asked in Contracts, Business Formation and Business Law for California on
Q: Business contract dispute with missing party and unpaid monthly fees

I signed a contract with another party to open a business, and the business license is in my name, registered with the Secretary of State in California. The business is located at my address. However, I haven't heard from the other party since November 26, 2024. There are websites running with... View More

Pavel Kolmogorov
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answered on Mar 10, 2025

Assuming you have a valid contract (oral or written) between you and your partner, you can file a civil action for breach of contract. To prove a breach of contract claim you would need to establish the existence of a contract, your performance or excuse for nonperformance, the other party's... View More

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2 Answers | Asked in Immigration Law, Business Formation and Business Law for Michigan on
Q: Can I set up an LLC for F-1 OPT work and be a 1099 contractor?

I am currently on F-1 OPT following my Master’s in Business Data Science & Analytics and plan to stay in the U.S. for the duration of my OPT, with the possibility of applying for a STEM OPT extension. The work I intend to perform for the manufacturing company involves business intelligence,... View More

Ian E. Scott
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answered on Mar 10, 2025

It is fine to be self employed for regular OPT as long as your degree is related to what the business does. It is always a good idea to set up a company and take any other steps to show that your business is legitimate. (eg. set up a website, operating agreement, EIN, etc.). Stem OPT is much more... View More

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2 Answers | Asked in Copyright, Business Formation and Internet Law for Michigan on
Q: Can I sell my PDF book on social media without copyright registration or a business license?

I am considering selling a PDF version of my book on social media platforms like Facebook. I have not officially registered the copyright for my book nor do I have a business license. The book includes a basic copyright page. My plan is to sell it directly online, emailing the PDF version to buyers... View More

Alan Harrison
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answered on Mar 7, 2025

You only need a business license to have a physical place of business in a given locale, or to go into customers' homes to perform a service. You don't need a business license to sell a book online. You also don't need to register a copyright in order to sell your book.

Your...
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1 Answer | Asked in Business Formation, Divorce and Family Law for Maryland on
Q: Can I structure an LLC to restrict my wife's access due to divorce?

I'm planning to form an LLC and would like to structure it so that my wife does not have access to it due to a possible divorce. We do not have any premarital agreements in place. Can you advise on how I might structure the business and what legal considerations I should be aware of?

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Any business you create in any form during your mariage becomes marital property. Your spouse may not necessarily have "access" in the sense of control, but she would have a claim to half the ownership or at leat half the value of the company. For instance, you can create an LLC and be... View More

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