Generally, it is good practice to form a business prior to filing any trademarks, however it is always good to ensure the business name is not already filed as a trademark by someone else prior to forming the business.

Generally, it is a good idea to form the business before filing for any trademarks. When you apply for a trademark, the "owner" you identify should be the entity that is actually using the mark in commerce (or else you put your registration in jeopardy). This is typically the company,... View More

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answered on Nov 4, 2023

Registering your business name at the state level typically secures your name within that state and is often a step in the foundational process of establishing your business.

A trademark, on the other hand, provides legal protection for your brand name, logo, or slogan at a national level.... View More

Subject to his/her fiduciary duty (and possible other applicable laws), a CEO is authorized to handle employment issues for the company, including setting salaries. However, there could be a written agreement (typically call a shareholder agreement (corporation) or an operating agreement (LLC))... View More

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answered on Oct 9, 2023

In Georgia, unauthorized use of someone else's bank account is generally considered theft or fraud. If you believe an employee made an unauthorized payment using your account, you have the right to report it. While you've filed a police report and they indicated there's no cause, you... View More

Yes, there are "impacts" that concern you (I currently represent a debtor in a Ch. 7 who has been a general partner in a small business construction company which has had a non-bankrupt general partner as well).

A general partner is personally liable for the debts of a... View More

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answered on Sep 8, 2023

If your business partner files for bankruptcy, it could potentially impact the assets of the business, including the condo. The exact impact would depend on a variety of factors including how the business is structured and the specific circumstances of the bankruptcy. It is recommended to consult... View More

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answered on Aug 17, 2023

To trademark the name "Face.Lip.Body Cosmetics" in Georgia or the United States, you would need to go through the federal process with the United States Patent and Trademark Office (USPTO). It's important to ensure that the name is distinctive and not overly descriptive or generic.... View More

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answered on Aug 15, 2023

Using a name like "Skippy's Snack Shack" for a dog treat bakery could potentially lead to trademark infringement issues with Skippy Peanut Butter if they believe there is a likelihood of confusion between their established brand and your bakery's name. To avoid legal issues,... View More

If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact... View More

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answered on Jul 7, 2023

A business trust is a legal entity that holds and manages property or assets for the benefit of beneficiaries. It is formed through a trust agreement, where a trustee holds legal title to the assets and manages them according to the terms of the trust.

When purchasing a business owned by a... View More

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answered on Jun 22, 2023

The elements of deposit account fraud are 1. that the accused wrote or paid someone/some place with a check that 2. they knew wouldn't be honored by the bank when deposited. The fact that the check was from an LLC business account might may be part of a defense to the charge, but otherwise... View More

People set up LLCs for various reasons, but primarily for tax reasons and to limit their personal liability. As far as the latter reason, while an LLC could limit your liability for business debts, it probably won't limit your liability for any malpractice claim as such claims are almost... View More

Let's start with the FY21 financial report. Under Georgia law, a nonprofit corporation "shall furnish" a member with a copy of "its latest prepared annual financial statements ... in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year... View More

You cannot retroactively change the name of the organizer once the entity is filed with the secretary of state. However, keep in mind that "organizer" does not mean that person is actually an owner of the company. It is simply the person or entity that files the articles.

Possibly. You would have to prove you canceled the service, and convince the court that you believed 18 months of lawn service was merely a gesture of goodwill. See an attorney for an assessment of your defense. Try working it out.

It depends on what you mean by "access," but either way you should revise the MOU to remove that language and specifically disclaim any type of partnership with the church, including limited partnership, limited liability partnership, etc.

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answered on Jul 19, 2023

First and foremost, I must emphasize that I'm not a tax attorney, but I can provide you with some general guidance. The structure you're referring to may involve creating a separate legal entity, such as a corporation or a limited liability company (LLC), for your business. By having the... View More

A Georgia attorney could advise best, but your question remains open for three weeks. Your question covers lots of ground - type of business structure, insurance, etc. - and it might be difficult to obtain meaningful guidance in the brief format of a Q & A forum. One option is to think about a... View More

If you disclosed all of the debts and assets of yourself and your old business in your bankruptcy Schedules in last year's case, and you've received a discharge, then all of your old creditors are barred from attempting to collect on those discharged debts at this point.