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California Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Intellectual Property and Trademark for California on
Q: If I file trademark for a certain class am I allowed to do everything within that class or only that initially stated.

I want to file a trademark for an LLC I want to make

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2019

Depends.

In theory yes, but you need to stick close to what you listed.

If you plan to sell more than just your initial description, you should list it in your application.

www.legalbizglobal.com

1 Answer | Asked in Contracts, Business Formation, Health Care Law and Mergers & Acquisitions for California on
Q: How do you ensure equal profit and sharing of profit of a PC and an aesthetician? Are there options to allow this In CA

Trying to form a corporation in CA with a medical director owning majority shadows but not working, a PA doing all fillers and Botox and the goal is to allow the esthetician to profit share or share hold to ensure equality. She is bringing in the majority of patients (over 300) and if we expand and... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

You need to speak to a lawyer in person about this, because this can't be addressed in a simple Q&A format. The big problem here is that there are rules that govern doctors and how they can form medical partnerships. There may be a way of accomplishing your objectives, but it may need to take a... Read more »

1 Answer | Asked in Business Formation, Business Law and Civil Litigation for California on
Q: Is it legal for me to leave business cards on office building doors?

I'd like to hand out business flyers at individual office suites within an office building. Do I need the landlords or cities permission to do this? Can I leave business cards behind if the tenant is not present.

Tim Akpinar
Tim Akpinar answered on Aug 14, 2019

Yes, it would be advisable to get the landlord's permission, identify yourself at the security desk, and obtain tenant's consent at their reception desk if you are given permission to go up to their floor or suite. Enhanced security protocols have made entering large office buildings more stringent... Read more »

2 Answers | Asked in Business Formation and Business Law for California on
Q: If I am looking to start a business, but the name is taken on facebook and instagram but inactive, can that be trouble?

I am trying to start a business but the name is taken on instagram and facebook, but the accounts have not posted in years, and has under 100 followers on instagram and just 2 on facebook, can that lead to trouble?

Richard Michael Gee
Richard Michael Gee answered on Aug 6, 2019

It's possible that you may have an issue with the name. I'd probably look at the US Trademark database (uspto.gov) to see if anyone has filed a trademark for the name. If not, I'd check the database for your state's secretary of state and any fictitious business name (i.e., "doing business as" or... Read more »

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1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for California on
Q: Can I withdraw from a partnership LLC but keep trademarks? Moving from CA to AZ.

I was a sole proprietor consultant and developed a software application, then got married. My then-spouse and I reorganized as a partnership LLC in CA. I don't think we have an operating agreement.

We are equal partners with his mom being a 2% partner, but I do all the actual work of the... Read more »

John Martin Hilla
John Martin Hilla answered on Jul 30, 2019

If the application(s) for the trademarks' registration filed with the USPTO lists the LLC as owner, the LLC remains the owner regardless of your LLC's status, dissolved or otherwise.

The LLC will need to transfer ownership to you or your new entity. You should consult a California business...
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Q: If a patent is assigned to a company, would the inventor get royalties or just the company?

My father was involved in patents and was not sure if the family is entitled to anything from them.

Kevin E. Flynn
Kevin E. Flynn answered on Jul 13, 2019

If your father was employed by a company and made inventions as part of his normal job duites, then the employer might consider your father fully paid in that he received his paycheck. As a paid to invent employee, the money paid by the company to your father would serve as consideration for the... Read more »

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1 Answer | Asked in Business Formation and Business Law for California on
Q: How do I find a lawyer who I can trust when it comes to obtaining a Cannabis Retail Shop license?

I've done my research and most lawyers seem like they're just trying to rob you for your money instead of work on your behalf, I want someone who I can trust and not just ask for a ton of money especially if in the end I do not end up getting the license.

Jason Brooks
Jason Brooks answered on Jul 1, 2019

I work in conjunction with many cannabis attorneys who can help procure a license for you. Please email me at: Jason@altviewlawgroup.com so I learn more about what you're looking for and get you to the right person.

1 Answer | Asked in Business Formation, Business Law, Civil Rights and Constitutional Law for California on
Q: I'm trying to find out the laws for the manufacture and sale of nunchucks in San Diego, California

I would probably be selling them at street fairs or farmers markets if possible

Louis George Fazzi
Louis George Fazzi answered on Jun 24, 2019

I believe the right to manufacture and/or sell such items is strictly prohibited by state law in California. You will need to contact counsel in San Diego County to fully research the legality of the manufacturing or sale of such products before you undertake such an enterprise. Any law firm which... Read more »

1 Answer | Asked in Business Law and Business Formation for California on
Q: How do I file a partnership in California?
Kenneth Sisco
Kenneth Sisco answered on Jun 3, 2019

It is a fairly simple procedure actually. Of course, there are several types of partnerships, and you probably should not rule out a Limited Liability Company, or even a Corporation. But once you have determined what you need, simply go to the California Secretary of State's Web site, and you... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for California on
Q: If there is a company buying another company which executives or people should be present to finalize the deal?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 31, 2019

Whichever "executive" authorized by the company.

1 Answer | Asked in Business Formation and Business Law for California on
Q: I'm a CA resident and registered a DE LLC, (no hard assets, just IP rights and R&D expense. Do I need to register in CA?

the entity is a R&D single member LLC. Work is done in the garage and expense is paid from personal account to vendors/suppliers in all states.

Thank you

Kenneth Sisco
Kenneth Sisco answered on May 28, 2019

The correct answer is "yes." Anytime a business entity conducts business activities in California, it must qualify to do business. And, I always advise my clients to follow the law.

As a practical matter, the only way it will come up is if you have income, or if you get sued. In that...
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2 Answers | Asked in Business Formation, Business Law and Products Liability for California on
Q: If a dealership forgets to charge your down payment and you signed the contract already do you need to pay them?

I recently got a car and was putting down $2,000 as down payment but the dealership forgot to charge me the down payment but instead charged me everything else for the car. We signed the contracts already and everything was a done deal. Do I need to go back and give them the money they forgot to... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 2, 2019

If you agreed to pay the money but they made a mistake, you should not, morally or legally try to avoid paying what you've agreed to pay. You'd be just like a car dealer then...

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1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for California on
Q: If you purchase something from a company and they do not send you your merchandise or refuse to can you prosecute?

What if it’s been done to at least 418 people that have reported it on the BBB? And they are still getting away with it?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

You cannot "prosecute." But you certainly can sue the business that is stealing money from customers.

1 Answer | Asked in Real Estate Law, Business Formation, Business Law and Landlord - Tenant for California on
Q: As a owner of a private business,Can the side walk venders set up on my property?
Thomas A. Grossman
Thomas A. Grossman answered on Apr 22, 2019

It is my understanding that sidewalks in front of stores are open to the public. However, if someone is operating a business right in front of your business, and is blocking the sidewalk or simply being annoying, I think you can report it to the City or even call an officer to remove the offending... Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: Are we required to register as a business in the state of California?

We are a Delaware C-Corp that does online retail sales. We hired one employee in California to do some marketing work for us. Does this constitute as doing business in the state of CA and require us to register with the Secretary of State?

Kenneth Sisco
Kenneth Sisco answered on Apr 3, 2019

Given the facts stated, I believe there is little question that the law requires you to qualify to do business in California. While I do not recommend that anyone breaks the law or even ignores it, it is important to note that the major sanction for failing to qualify, is that you will not be... Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: Can I sue this app?

Good afternoon I had a quick question i have been using this app called poshmark to sell clothing etc. I recently sold a authentic Selena Gomez poster with limited edition socks and gloves the item sold for 90$ and it says they were delivered successfully. Now the app says give the buyer 3 days to... Read more »

Jason Brooks
Jason Brooks answered on Feb 27, 2019

While I haven't looked at Poshmark's Terms of Use, I would advise you to fully review the app's Terms, as they most likely provide a means of filing a grievance of some sort if there's been a delay in payment. If your payment is only 1 day late and you just contacted support, I'd expect them to... Read more »

2 Answers | Asked in Business Formation, Business Law, Copyright and Trademark for California on
Q: can I use companies trademarked logos on another brand listing that makes money?

this is a business selling on Amazon. we intend to use other brands logos like apple, for example, to sell our product more.

Thomas A. Grossman
Thomas A. Grossman answered on Feb 18, 2019

Only if you want to risk being sued by the other companies for Trademark Infringement.

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3 Answers | Asked in Business Formation, Business Law and Intellectual Property for California on
Q: I intend to title my LLC , Moving Humanity Forward. These words were trademarked by General Motors. Can I use this?

I first used this concept, Moving Humanity Forward, in a commencement speech at my Master's Degree graduation ceremony. General Motors seems to only be using this in advertising their partnership with NASA. I appreciate any feedback.

Thomas A. Grossman
Thomas A. Grossman answered on Feb 17, 2019

Since GM has already trademarked that phrase, I think you would have to use another phrase, e.g. "taking humanity forward," etc.

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1 Answer | Asked in Business Formation and Business Law for California on
Q: I have used a particular set of words in academia and I am interested in using this as a business title.

It seems that another business entity has trademarked the words I intend on using. How should I proceed?

Thomas A. Grossman
Thomas A. Grossman answered on Feb 15, 2019

Impossible to answer the question unless we know what the words are. If you want to use your words in a title to your business, you need to first clear them with the Office of the Secretary of State. They process name searches for most incorporated businesses. It is also possible to hold a... Read more »

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