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If I add a new brand to my existing business, do I need to register this brand as a new business?
San Jose, CA
Viewed 133 times.
Posted 4 months ago in Business
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My business is already registered but I want to start a new brand. Does it mean they are two different businesses? Is there a way to make the new brand a subsidiary of the parent company? How does that work?
Answers (5)Dana Howard Shultz
This attorney is licensed in California.
Posted 4 months ago.
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I'm afraid that there is not enough information to provide a definitive answer to your question.
If a new "brand" means a new product or service offering, there is not necessarily a need to start a new company. Perhaps the new brand means you need to file a fictitious business name statement with the county (please see first link below). Perhaps it means you need to register a trademark (please see second link below). Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship. Pamela Koslyn
This attorney is licensed in California.
Posted 4 months ago.
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I'm not sure what you mean by your "business was registered," do you mean licensed for business in your city? business name registered as a fictitious business name in your county? company incorporated in your state? business name trademarked with the USPTO?
Likewise, I;'m not sure what you mean by "brand" - product?, trademark? business? Sorry, but your terminology makes it impossible to know what you mean. You need to consult a lawyer and disclose the specific details of your efforts to protect whatever it is that you want to protect. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 4 months ago.
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You should consult a lawyer and disclose the specific details because far too many variables exist based only upon what you posted.
Good luck. Trisha D Figueroa
This attorney is licensed in California.
Posted 4 months ago.
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Based on your description, my best guess is that you have one legal entity that is incorporated (probably what you mean by "registered"), and that you want to do business under another name but not start a separate company.
If that is the case, usually the simplest way is to file a fictitious business statement in the county where your business is located (this is also referred to as a DBA or "doing business as"). If you file for a DBA you will be able to conduct business under that new name, although the DBA is not allowed to legally enter into contracts, etc. Every time you sign a contract, or open a bank account, etc., you would write the name as "Business, Inc. DBA Tradename." The reason is that the government wants the public to be able to know who is the name behind a company; for that same reason, before your DBA is approved you will have to publish a fictitious name statement in a local publication. The first step, if this does accurately describe your situation, is to visit your county's courthouse or website for more information on what is required to get a DBA. Good luck! NOTE: This answer does not constitute legal advice and does not establish an attorney/client relationship with me. The answer is intended for guidance only and should not be followed without complete legal research and upon the advice of counsel. Ali Ebrahimzadeh
This attorney is licensed in California.
Posted 4 months ago.
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Note: The general answer below does not constitute legal advice nor does it create any attorney-client relationship between us. For further information, feel free to contact my office for an initial consultation at www.PrometheusLaw.Blogspot.com or by calling 510-910-3198. I have offices in Santa Cruz, Campbell, Redwood City, Oakland, and San Francisco, CA, and I practice Family, Business, Property, and Criminal Defense Law, providing top-tier legal representation at affordable rates for working class clients. While I cannot give legal advice outside of an actual attorney-client relationship, which would entail forming a formal written signed contract, thus allowing me to fully review and analyze the specific facts in your case and conduct the necessary research into the law on point, generally speaking I would answer your question as follows, though this is not legal advice and you should definitely seek an attorney's guidance re: this question of yours:
Your business as presently incorporated (if it is in fact inc'd) may be able to manufacture or provide more than one item, and there may be no necessity to incorporate a new business entity to do so, unless there are significant liability issues associated with product 2 that you want to protect product 1 from. |