Get free answers to your Business Formation legal questions from lawyers in your area.
I'm interested in using a business name that has been registered as a trademark but appears to be abandoned for over 2 years. I plan to use it for the same type of business. I haven't conducted any research to determine if the name is still legally protected or associated with any entity.... View More 
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answered on Apr 1, 2025
The mark will be considered abandoned if its use in commerce or trade has been discontinued with intent not to resume the use. Intent not to resume may be inferred from circumstances.
Nonuse for 3 consecutive years is prima facie evidence of abandonment. The burden of proof then shifts... View More
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
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
I have 1 llc and I would like to start 2 more businesses. Should I use a dba or create the 2 new businesses under the one llc? or keep them all separate entities?
answered on Jan 21, 2025
It depends on whether the businesses are related to one another. It generally makes the most sense to form separate businesses. Each business will have liability protection so long as you keep them separate from one another and will insulate you from personal Liability. If they are indeed... View More
Will a bank require that I am the Authorizor at the bottom of the Articles of Organization before I can open an account for the business? Or does Authorizor simply refer to the one authoring the A of O?
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answered on Feb 23, 2024
The term "Authorizor" on the Articles of Organization typically refers to the individual or entity who is authorized to sign and file the document with the state to establish the LLC. It does not necessarily mean that you must be the one who authored the Articles of Organization in order... View More
I am a Board Certified Naturopathic Doctor planning to open a wellness clinic/spa in Georgia. I intend to offer services such as biofeedback, sauna, red light therapy, footbath, live blood analysis, and supplements. I don't have permits or zoning concerns yet, but I'm curious about the... View More
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answered on Apr 12, 2025
In Georgia, a Board Certified Naturopathic Doctor (ND) may face certain restrictions when it comes to opening and operating a wellness clinic or spa. While naturopaths are recognized in some states, Georgia does not currently have laws that fully recognize or license Naturopathic Doctors in the... View More
I am planning to start an app-based SaaS business using a name that is currently used by two entities: a nursing wear brand in another country and a blog in the U.S. Neither has trademarked the name in the U.S. I have conducted a U.S. trademark search, and no one has trademarked the name. I am... View More
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answered on Mar 20, 2025
While using an untrademarked business name is legally possible in the US, you should consider both domestic and international implications. Common law trademark rights can still exist based on actual use in commerce, even without formal registration, so the US blog might have some territorial... View More
I plan to open a business helping people find a home. I will give them comprehensive reports on the area, crime stats, schools, amenities tailored to their specific needs.We will also do live video area walk arounds/commutes that are tailored to them. I know agents cant say its a bad area but as a... View More
answered on Dec 1, 2024
A Georgia attorney could advise best, but your question remains open for two weeks. Until you are able to consult with local attorneys, using disclaimers is usually a good idea. Any time you are presenting information to the public, there is always the possibility that someone could claim that they... View More
answered on Sep 27, 2023
The jailed co-signer can sign a special power of attorney authorizing the free co-signer to transfer title into their name, subject to the lender’s approval.
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answered on Aug 28, 2023
If you have a promissory note that was due on 7/21/2020 and has not been paid, you have several options to consider. First, you could try reaching out to the debtor to remind them of the outstanding payment and discuss the situation. It's possible that there might have been a misunderstanding... View More
Skippy's Snack Shack
answered on Aug 8, 2023
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
2 people starting a company together.
1 person has the availability to invest more finical risk, one is brining more expertise.
How do you recommend structuring this in a fair way that protects both parties.
answered on Jul 22, 2023
That is too much of an open-ended question for an online Q&A forum. You should consult with a local business attorney and have them draft a comprehensive operating agreement (if an LLC) or shareholders agreement (if a corporation).
answered on Jun 29, 2023
Yes, and that is often the case for liability protection for general partners.
I have a few businesses I have committed to and I am looking to brand them.
answered on Jun 19, 2023
Consult an experienced trademark attorney, to conduct a careful search to assure the marks are not confusingly similar to others in use, to advise how they should be used, and to prosecute the applications to register with the USPTO.
i want to know what disclaimers i need for if they leave after an edible and go wreck a car then try to blame me for it or things of that nature. any other answers would be greatly appreciated. i want to be 100% legal with everything and turn this into an experience
answered on Apr 20, 2023
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
Paperwork includes certificate of conversion, and articles of organization
answered on Apr 14, 2023
Yes. While not an overly complicated process, it needs to be done correctly.
answered on Jan 23, 2023
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.
Will be investing into real estate next year with a friend. We both have our own separate LLCs that have been established over two years and have business credit. The problem is...the names of the companies aren't geared toward the business venture we are looking to do now (real estate). We... View More
answered on Dec 7, 2022
Based on your posting forming a new LLC to operate the joint venture is likely to be the best option, so you might as well use the right business name to avoid having to register a trade name.
The Domestic LLC will officially be registered with the GA Secretary of State as "XYZ Co. LLC". I'm just trying to find out if I'm required to file for a DBA/Trade Name to drop the LLC portion for any kind of advertising or just reference to the company in general.
answered on Nov 16, 2022
Generally, just dropping the company designation (LLC or Inc.) does not require a trade name registration.
I do a side business inventing and making products within a specific industry. My full time job wants me to sign an nda Claiming ownership of products and intellectual property made or invented during time of employment and “relating in any way to employers business”. The two industries are... View More
answered on Nov 4, 2022
It really depends on the exact terms of the agreement and the specific facts of your side business. Have a business attorney review it and advise you accordingly.
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