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Florida Business Formation Questions & Answers
1 Answer | Asked in Business Formation and Trademark for Florida on
Q: how can the nonprofit organization (sorority) keep the name (trademarked) when the pres/founder has been impeached

Founder/President was impeached for misappropriation of funds and possible fraud. Sorority registered in Georgia. The Sorority name is trademarked. How can we continue use the name and register the sorority in Florida with a different EIN.

Timothy John Billick
Timothy John Billick answered on Oct 9, 2020

You're talking about two distinct issues here: Trademark law and fraud. It's a little unclear from the above hypothetical how the two are related.

Unless the fraud was somehow connected to the name itself, or if there was fraud in the registration and/or procurement of the mark,...
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2 Answers | Asked in Business Formation and Trademark for Florida on
Q: how can the nonprofit organization (sorority) keep the name (trademarked) when the pres/founder has been impeached

Founder/President was impeached for misappropriation of funds and fraud. The organization would like to still use the sorority name but incorporate in another state. Organization registered in Georgia, would like to register the organization in Florida with a new EIN.

Evelyn Suero
Evelyn Suero answered on Oct 9, 2020

Depends on how the trademark is registered and whether there is another entity using the name. If the nonprofit owns the trademark, then it should be able to continue using it in Florida. My nonprofit clients in Florida typically register their marks this way. Consult with an attorney to guide you... Read more »

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1 Answer | Asked in Business Formation, Business Law, Contracts and Government Contracts for Florida on
Q: I want to source hvac units and resell them to licensed installers locally. Am I able to sell them legally w/o license?

I would sell them to local small businesses that do ac repair and need hvac units for their customers. I do not have a license and wanted to know if I legally needed one to be able to buy and sell hvac in FL

Keith Kanouse
Keith Kanouse answered on Oct 7, 2020

I don't think you need a license from the Construction Industry Licensing Board but you would need an occupational license. You should also form an S corporation or LLC to protect you and have the manufacturer cover you under its product liability insurance..

2 Answers | Asked in Copyright, Products Liability, Business Formation and Trademark for Florida on
Q: Could I use a trademark name that's been abandoned since 1-8-2018?

I want to name my company " viva la vixen" but I see another company has that as their trademark name and name of their company. however the status is showing as abandoned, what do I do

Phillip William Gunthert
Phillip William Gunthert answered on Sep 21, 2020

If this is in Florida you apply for the name once the company has been administratively dissolved for 1 year. If you are not sure what to do you should get an attorney to help you with this process. The old company is able to reinstate their name for a fee and the late filing penalty, but not after... Read more »

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can a business operate under an LLC license only?
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

It depends upon what product or service the business sells. And, by the way, registering a LLC is not licensing; there is no such thing as a "LLC license".

Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 7, 2020

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... Read more »

1 Answer | Asked in Banking, Business Formation and Business Law for Florida on
Q: CAN I SUE THE BANK?

THEY ARE SAYING LIKE I HAVE 4 DAYS TO RESOLVE OR FUNDS ARE SEIZED FOR UP TO 2 YEARS. MONEY MISSING, AND ASKING MY BROTHERS SIGNATURE THAT HE IS THE APT LEASE HOLDER..CAN I SUE THE BANK FOR DISCRIMMINATION? THEY CAN SEE IS FROM BENEFITS FROM UNEMPLOYMENT AND MY SCHOOL. I DO FEEL DICRIMMINATED... Read more »

Martin George Prego
Martin George Prego answered on Aug 17, 2020

Hello, based on the facts you described it is difficult to assess the situation. Banks under different laws, rules, and regulations have responsibilities to monitor, review, and act on customer's accounts to deter, detect, and report suspicious activities. During the review process, under... Read more »

2 Answers | Asked in Business Formation, Copyright and Trademark for Florida on
Q: Can Cosmetic Warriors remove my listing for saying Lush? Their trademark is LUSH not Lush.

Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... Read more »

Evelyn Suero
Evelyn Suero answered on Aug 11, 2020

This use of the word may fall under Descriptive Fair Use of a trademark when a word is used in a descriptive manner and not as a trademark, and there is no association implied with the trademark owner.

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Can I register for a 'Fictitious Name' & pay for the Advertisement of the use of the name in newspaper on the same day?

Can I still run the Advertising after registering for a fictitious name? I will run the Ad within the same week.

Evelyn Suero
Evelyn Suero answered on Jul 27, 2020

In Florida, when you register a fictitious name you only have to certify that the name has already been advertised. However, publications may not place the advertisement on the same day that you submit a request for advertisement. Verify that the name has been advertised before you register.

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1 Answer | Asked in Employment Law, Tax Law, Business Formation and Business Law for Florida on
Q: Opening an online store with stickers/prints/shirts. Will be making less than 100K a year. What permits do I need in FL?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2020

You do not need to ask this question; you need to ask how to find a small business lawyer-before your small business flames out.

2 Answers | Asked in Business Formation, Business Law, Mergers & Acquisitions and Contracts for Florida on
Q: How can a minor buy shares in a private startup company?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 23, 2020

Until you are 18 your are not legally able to enter into any contracts. Period. The reason is because most kids under 18 are not capable of making sound financial decisions and can avoid responsibility if any company allows them to enter into contracts. The only other option is to get someone else... Read more »

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2 Answers | Asked in Business Formation and Business Law for Florida on
Q: I am interested in small time reselling and I would like to know if there are any forms And documents I should have
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 10, 2020

If you are going to have any type of business you should incorporate in order to protect your personal assets. Also, you may need certain licenses to operate and you also need to register with the Florida Dept. of Revenue so that you can collect sales tax. Any time you sell something you should... Read more »

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1 Answer | Asked in Business Formation, Contracts and Gaming for Florida on
Q: I need legal advice on hiring, starting an LLC, and creating legally binding contracts for a game development studio.

Hello. I am a game developer looking in to publishing my first big indie game. I have about 9 people working for me in the realm of composing music, creating art, and coding the actual game. Once we publish the game we are going to split the profit. We also want to stat a kickstarter.

Now,... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 9, 2020

Forming the legal entity itself is not expensive but there are many other matters to be taken care of, not only the agreements between the parties involved in the development process, but also copyrights and more. There are attorneys that specialize in this type of start up and can easily provide... Read more »

1 Answer | Asked in Banking, Business Formation and Business Law for Florida on
Q: What are the laws and requirements that bind money transmitters in Florida?

I would like to start a money service business specialized in money transfer overseas. Where do I start?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 11, 2020

The first place to start doing anything in the financial arena as a business is seeking a license to do what you want to do from the Florida Department of Financial Services in Tallahassee. Google them.

You will improve your chances of success in being approved if you hire a very...
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3 Answers | Asked in Business Formation, Business Law, Entertainment / Sports and Trademark for Florida on
Q: Can I trademark an exhibition/docu-series name? I'm in FL & trying to register the name under Sunbiz & USPTO.

Also, if I can register it, would I need to register it as an LLC?

Bill Hulsey
Bill Hulsey answered on May 26, 2020

Yes. And, we can help:

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1 Answer | Asked in Business Formation and Business Law for Florida on
Q: Can a felon with firearm and drug convictions start an ATM business in Florida?

I was arrested for possession of a firearm by convicted felon and for growing marijuana. Since then I've been trying to change my life around and I'm looking to start an ATM business. My plan is to purchase the ATM and make money off the surcharges. I heard it's difficult for felons... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 26, 2020

This is an interesting question. As a former operations officer in a commercial bank my educated guess is that ANYONE intending upon stating a new business owning stand-alone ATMs and making money from the (outrageous) fees will have to have some sort of state license to do so; and so the Florida... Read more »

2 Answers | Asked in Business Formation for Florida on
Q: Can I set up a dba under my name?
Evelyn Suero
Evelyn Suero answered on May 18, 2020

In Florida, a "DBA" or "fictitious name" may be registered for a sole proprietor unless he/she is doing business in their personal name. There are also exemptions for certain licensed professions. Consult with an attorney for specifics.

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3 Answers | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Filing taxes for a new LLC in Florida

Dear Professionals,

I registered my LLC with the state of Florida last October, but I have not been able to start running my business properly.

My company status is showing Active and I would like to prevent the status from changing into Inactive.

Given that I have not... Read more »

Evelyn Suero
Evelyn Suero answered on May 9, 2020

In order to maintain an "active status" with the Florida Department of State, an annual report must be filed each year for your business entity. More info is available on Sunbiz.org.

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1 Answer | Asked in Business Formation for Florida on
Q: I agreed to start partnership with my partner being the majority holder at 51% and me at 49%. We started a llc.

I funded the majority of it. We bought a day care. This whole time im begging him to sign a partnership agreement. He has now taken the day care and moved it to a different llc. What should i do?

Evelyn Suero
Evelyn Suero answered on May 6, 2020

When a Florida LLC doesn't have an operating agreement in place, then there are terms in Section 605 of the Florida Statutes that are provided to address your partner's right to transfer the LLC's property, dissolve the LLC, etc. Speak with an attorney to discuss your specific rights.

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