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Should I change my LLC name or register a DBA?

Tracy, CA |
Filed under: Starting an LLC

My company makes different products, each with a distinct brand. The name of my LLC and the name of one of my product's is the same, which I no longer want. I want a new company name that is responsible for developing all the products. Should I change my LLC name or just register a DBA?

Attorney Answers 4


  1. You can do either. You can file a Certificate of Amendment with the Secretary of State for the existing LLC:

    http://www.sos.ca.gov/business/llc/forms/llc-2.pdf

    or you can just file a fictitious business name for the existing LLC under the name of the existing LLC.

    Alternatively, you can create a completely new LLC.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. Q: "I want a new company name that is responsible for developing all the products."
    R: You first need to come up with a new company name that is not already being used or is not confusingly similar to one that's already being used. In short, you need to "clear the rights" and that's done by a trademark attorney. The brand identity of a company is often a key component of the company's success. Your own trademark attorney should discuss with you the pros and cons and changing your company's current name. Good luck.

    The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.


  3. Hi,

    This is really a business question as legally you can do either.

    Keep in mind that business names, product names, slogans/taglines, logos are all trademarks. If you intend on investing in these as "brands" conducting the proper trademark due diligence would be required before you make your state/county filings and certainly before you start spending any money promoting them.

    I will link you to some helpful general trademark info below. Most lawyers here, including myself, offer free phone consults. I advise you discuss your particular plans with one to make sure you are on the right track.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.


  4. I agree with Attorney Ballard that you need to back up and clear the propose brand name.

    I disagree with your choice of options.There is a third, better option add that is to keep your company name add your existing brands and to adopt a new "house mark"and register that mark at the USPTO in all the classes of goods and services in which you do business.This gives you nationwide or, if followed by an International registration, even international coverage, not just the California coverage obtained from a California LLC.

    Call for a free consultation or referral.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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