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Ohio Business Formation Questions & Answers
3 Answers | Asked in Business Formation, Trademark, Business Law and Intellectual Property for Ohio on
Q: Can I name my Ohio garage door company "Hometown Garage Door" if "Hometown Door" is taken?

I want to start a garage door company in Ohio and am considering getting an LLC. The name "Hometown Door" is already taken in Ohio, and the existing company also deals with garage doors. If I change my company name to "Hometown Garage Door," would that be legally allowed? Both... View More

Sarah Teresa Haddad
Sarah Teresa Haddad
answered on Oct 28, 2025

The legal implications you face are if the potential consumers of your business confuse the source of 'Hometown Garage Door' with the source of the business of 'Hometown Door'. Confusion of trademarks depends on consumer statistics, not comparison of the appearance or sound of... View More

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2 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Ohio on
Q: Can I use 'Ego' for my clothing brand despite another company's use?

I'm considering naming my clothing company 'Ego.' However, another company based in the UK with a US brand already uses this name and also sells clothing. I will have a different logo and haven't checked if the name is trademarked in the U.S. Would this be possible given these circumstances?

Jason Savarese
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answered on Oct 7, 2025

If you file for a trademark using the same name as a company selling what you sell with the same name, that application is going to likely be rejected, IF that company has registered their trademark in the US.

Consider hiring a trademark lawyer with a limited scope of work; for $X, he can...
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1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: I am purchasing a property under my LLC the property also have a bar that is being sold with it should I create a LLC

A separate LLC for the bar

Brenden Patrick Kelley
Brenden Patrick Kelley
answered on Apr 14, 2024

While there may be specific circumstances that influence the decision to form separate LLCs, my general recommendation is to do so. Establishing separate LLCs can raise your expenses and increase the time you invest, but it offers significant protection for both your personal assets and your... View More

1 Answer | Asked in Contracts, Business Formation and Business Law for Ohio on
Q: Seeking legal review for Ohio business monthly retaining contract.

I am starting an online digital consulting business based in Ohio and have developed several contracts, including a monthly retaining contract. I would like a lawyer to review the contract and provide feedback to ensure it adheres to all applicable laws and industry standards. I haven't used... View More

James L. Arrasmith
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answered on Sep 8, 2025

Before you begin using your monthly retaining contract, it’s important to have it reviewed to ensure it protects both you and your clients. A lawyer can check that the language clearly outlines your services, payment terms, termination clauses, and any limitations of liability. This step helps... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for Ohio on
Q: How to convert nonprofit LLC to for-profit in Ohio while keeping license and updating EIN?

I mistakenly registered an LLC in Ohio as a nonprofit last year. We have never operated as a nonprofit or received donations but obtained a state license (DODD/Medicaid) under this entity. We have been in actual operation since February 2025 and have not filed anything with the IRS so far. We now... View More

James L. Arrasmith
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answered on Aug 31, 2025

In Ohio, you can correct your filing by using a Certificate of Conversion along with new Articles of Organization to change your LLC from a nonprofit to a for-profit entity. This process allows you to keep the same legal entity in place, which is important because it helps you avoid starting over... View More

1 Answer | Asked in Immigration Law, Business Formation and Business Law for Ohio on
Q: Guidance on L-1 visa requirements for offshore entity setup in India.

We are a U.S.-based technology company looking to establish an offshore entity in India to support our product development efforts. Our goal is to ensure that this entity meets the requirements for transferring team members to the U.S. under the L-1 visa program within a two-year timeline.... View More

James L. Arrasmith
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answered on Jul 26, 2025

You're doing the right thing by thinking ahead about how your offshore entity in India can align with L-1 visa requirements. For the standard L-1 visa, there’s no official minimum revenue requirement, but the entity must be doing business in a meaningful way—such as maintaining an office,... View More

1 Answer | Asked in Business Formation, Trademark, Business Law and Intellectual Property for Ohio on
Q: Can I use "Stemhaus" for my floral business in Ohio if I haven't checked trademarks?

I live in Cincinnati, Ohio, and I want to start a floral business under the name "Stemhaus." I haven't checked trademark databases yet, and I'm unsure if the name is trademarked. Additionally, I’d like to know if I can use this name even if another business has it outside of... View More

James L. Arrasmith
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answered on Jun 20, 2025

Before using the name “Stemhaus” for your floral business in Cincinnati, you need to conduct a comprehensive trademark search—both at the federal and state level. Just because a name isn’t used locally doesn’t mean it’s safe from legal conflict. A registered federal trademark grants... View More

1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Ohio on
Q: What licenses needed for selling toilet safety rails in Ohio and Indiana?

I am starting a business selling toilet safety rails and plan to sell them in person and at flea markets in Ohio and Indiana, targeting the hotel industry. I will be purchasing these rails from distributors, potentially from Walmart. I need to know what types of licenses are required for selling... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're taking a thoughtful approach by checking the licensing requirements before launching your business. In both Ohio and Indiana, selling toilet safety rails generally doesn’t require a home medical equipment license unless the products are classified as durable medical equipment and... View More

1 Answer | Asked in Banking, Business Formation and Business Law for Ohio on
Q: What are the licensing requirements for commercial loan brokers in Ohio?

I would like to know about the licensing and certification requirements for commercial loan brokers in Cincinnati, Ohio, specifically for brokering commercial loans such as investment property loans. I'm interested in both federal and state-level requirements.

James L. Arrasmith
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answered on Jun 11, 2025

I'm glad you're asking about this before jumping in—it shows you're serious about doing things the right way. In Ohio, if you’re brokering commercial loans (not residential mortgages), you're generally not required to obtain a license through the Division of Financial... View More

3 Answers | Asked in Business Formation, Business Law, Contracts and Bankruptcy for Ohio on
Q: Is my LLC liable for a $32k debt from a bankrupt company in Ohio?

I started an LLC to purchase cabinets from an Ohio vendor after the company I consulted for as a 1099 employee went bankrupt. My business partner, also a 1099 contractor for this bankrupt company, signed a credit application as COO for the closing LLC. Although the application was denied, the... View More

Timothy Denison
Timothy Denison
answered on May 17, 2025

No. Not unless you explicitly signed and agreed to assume the debt.

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1 Answer | Asked in Cannabis & Marijuana Law, Business Formation and Business Law for Ohio on
Q: Is it legally possible to start a cannabis delivery service with food in Ohio?

I am interested in starting a business in Ohio that involves an Uber-style app offering cannabis delivery with pizza and dessert. I want to know if it is legally possible to do this, especially with heavy ID verification. Additionally, if direct ordering from dispensaries isn't allowed, can... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Ohio, starting a cannabis delivery service combined with food is highly regulated and presents legal challenges. The sale and delivery of cannabis are restricted to licensed dispensaries, and they are the only entities legally permitted to handle cannabis delivery. Any business offering cannabis... View More

1 Answer | Asked in Business Law, Trademark, Business Formation and Intellectual Property for Ohio on
Q: Can I use 'Gurkha' for my dog chew product name despite existing trademark conflict, and how to register 'XYZ Bites' trademark?

I have registered a company named Gurkha Dog Chew Private Limited. I discovered that "Gurkha" is a registered trademark under High Himalayan LLC for pet food, including dog food, but my product is specifically an organic dog chew made from yak. I haven't faced any notice from them... View More

James L. Arrasmith
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answered on Apr 2, 2025

Using "Gurkha" for your dog chew product presents significant legal risk despite the distinction between your organic yak-based dog chew and High Himalayan LLC's registered trademark for pet food. Trademark protection extends beyond identical products to those deemed similar enough... View More

1 Answer | Asked in Business Formation and Estate Planning for Ohio on
Q: How can I see an old estate case that has absolutely zero information visible on the court records online?

This is about my father who died in 1981. He was a founder of a major company. I can't find anything at all about him anywhere. Not even an obituary, news about his accident, his marriage to my mother, nothing about his estate. I was a month old when he died and I found what looks like a trust... View More

Nicholas P. Weiss
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answered on Jan 16, 2024

That date pre-dates most archived electronic probate dockets. You will likely need to either 1) request that the docket related to the case be sent to you or 2) go to the court to obtain copies of the documents yourself.

1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Ohio on
Q: Does transfering property into an established Partnership-LLC affect ownership levels, like initial capital contribution

If I were to be in a partnership LLC, and my partner wants to transfer a property into the company, would that automatically affect his amount of ownership like an initial capital contribution would? Or is there a choice to not give over ownership for the contribution to the company

The... View More

Nicholas P. Weiss
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answered on Dec 22, 2022

This first question is "what does your operating agreement say about it?" If you don't have one, then the question becomes whether this is being transferred for value received, transferred without value, and why the transfer is being made.

If it is being made for value from...
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1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: Can I start a business. That hires another business to do the work?

Example if I have a window cleaning business. And I hire another company to do the actual work.

Joseph B. LaRocco
Joseph B. LaRocco
answered on Dec 20, 2021

Yes, this is commonly done in many businesses including web-development, construction, various service businesses, and software development. The only exception would be if you sign a contract with the customer stating you will do all the work or that you represent you "will not"... View More

1 Answer | Asked in Contracts, Criminal Law, Banking and Business Formation for Ohio on
Q: My mom’s boyfriend has 50,000 from selling a house. He owes money and wants me to hold it for him.

He wants to transfer the money straight into my bank account. Is this money then legally mine? Is there any legal action he can take if I don’t give it back? He has no access to my bank other then him having it transferred

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2021

If it is not a gift to you, then you are holding it in trust for him, and it would not be legally yours. But he would not have access to it, and if you refused to give it back, then he would have to sue you. If there is no signed agreement stating the terms by which you are holding the money for... View More

1 Answer | Asked in Personal Injury, Business Formation and Business Law for Ohio on
Q: Stayed in hotel room stay was refunded due to bug receipt was given 0 owed days later charged due to no bug

Pics was shown as soon as incident pics was sent to email from front desk. Of bed bug

Matthew Williams
Matthew Williams
answered on May 19, 2021

Dispute the charge with your bank as unauthorized, which it sounds like it was.

1 Answer | Asked in Business Formation and Contracts for Ohio on
Q: Purchasing commercial equipment and on the purchase agreement nowhere to find the interest rates is this legal.
Joseph Jaap
Joseph Jaap
answered on May 21, 2020

If a purchase price and payment plan have been agreed, there is no legal requirement to specify any interest rate. And even if there were, and it was omitted, the omission wouldn't make the contract "illegal." It might be more of an income tax issue to determine what portion of the... View More

1 Answer | Asked in Copyright, Business Formation and Business Law for Ohio on
Q: Creating a online program to help pass state testing. Can I use questions from the textbook in the program

Should I reword questions or cite sources or both ?

Joseph Jaap
Joseph Jaap
answered on May 19, 2020

Test questions are subject to copyright. And the testing companies have enough money to go after infringers.

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: If I win something. Then the person asks me to pay for shipping, am I allowed to keep what he sends me?

.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2020

Can you provide any more information on this question? It's not clear what the legal issue is. Did you win something in a competition but you have to pay postage?

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