Naming question

Intel486 · 04-19-02, 06:06

I've got a few quick questions about selecting a name for my business.

When I register a name, can it not be like any other business that is in my state or city? Or when I register my name does that prevent anyone else in the country from using it?

What if I pick a name and someone else already has a business with that name in another state? Can they prevent me from using the name even if they are just located in their state?

I do not know but just for the question. Say it is ok that I have the same name as another business in another state. What happens if I expand my business outside my state and into the state of the person with a business, which has the same name as mine? Who has the right to the name? If this is not a possibility, then just skip this question.

Last question. Where do I have to go to search to see if someone already has a business by the name I want?

Thank you.

NY detailer · 04-19-02, 06:12

hey intel, you never emailed me with your info. I have everything ready for you.
--
in your area you will need to do a name search, if no one has the name then you can register it. I try to stay away from other company names, you dont want any problems at the beginning.
It will prevent any one else in your county or area from using that name and if they do you can make them stop.
dont take the other persons name and move into the state they are in, that is just bad business and can create some problems.
Think of a name for you business and go with it, start from scratch and you will enjoy your business more. Get a good name that can have a good slogan. take me for example
New York's Pefect Detailing
If it wasn't done by us, then is wasn't done perfect.
I can help you try and think of one, just give me some info...
Brian

Intel486 · 04-19-02, 11:56

Where do I go for a name search? I would kinda like to get an original name that no one else has. I don't plan on staying in New Orleans forever but I do plan on leaving a fixed location here when I do move to provide some income so I would like a good name. I'm not worried about getting a name to fit a slogan. I'd prefer just to get an original name (or somewhat original name) and find a slogan to fit.

I'll try to email you my info right after I finish going through the board. Hopefully I'll remember

NY detailer · 04-20-02, 01:57

You will need to go to your local county clerks office where you will register the business. It cost me $150.00 to register in NY and then some small business fees. You will then get something in the mail called a business certificate. You then call the irs and get a tax id#, then you fill out a form to collect sales tax. It all takes about 3 weeks. some forms you can get on the internet.
Better keep track as you need to file ever 1/4 for the first year and if you dont make a lot then you can call the irs and figure out when you can file for taxes.

Intel486 · 04-20-02, 02:38

So I can check to see if a name is taken at the county clerks office? So I really don't know what name I can get until I go there?

What do I have to file every 1/4? My taxes?

I know for corporations you don't have to pay taxes on the money they spend for running the company (i.e. chemicals, assets, etc.) but do privately owned companies get to do that?

NY detailer · 04-20-02, 02:46

two types of taxes you will have to pay.
1. sales tax- every sale or detail job you do, you "are supposed to charge tax and report it" dont know what your tax rate is
2. income tax- tax on the money you make throughout the year that you "show as income"
for everything you buy for the business is a right off on taxes

snake · 04-20-02, 03:17

hey intel, it would be a good idea to find a good cpa. they can easily save you what they cost plus, just by keeping you from paying taxes late and letting you know what you need to pay. being a business owner for years (incorporated) i can say without hesitation that a good cpa is a must. my cpa also did the search to make sure my electrical contracting business name was not already taken. the fun really starts when you hire employees. witholding taxes, workers comp, payroll, it's never ending.

NY detailer · 04-20-02, 03:20

which reminds me, jason does not work for me, he just volunteers

Josiah · 04-20-02, 03:28

intel, no need to go to your county clerks office. Just do a search online. I don't know where you live, but you just need to find your Secretary of States web site... something like sos.yourstate.us.gov or some such address. If you need to be walked through searching, send me an e-mail. Just look for the business section, a search function somewhere. I regestered my name, filed for incorporation (LLC) all for just $50.

In regards to competitor's names, you should consult a lawyer... I am not a lawyer, but usually you can have close to the same name/the same name IF THEY are in a different industry. Unless they have it trademarked, then you should get permission from them first (happens all the time, usually they say yes).

If you have any other questions feel free to e-mail me
Josiah

Scottwax · 04-20-02, 03:57

It cost me $6 to register my DBA (doing business as) name for 10 years. I have to renew it in 2004. They checked to make sure my name was already not in use, and other than the 2 minutes it took for the search, the whole process was almost instantious!

I guess Texas loves capitalism!

Josiah · 04-20-02, 04:07

oh, and on sales tax, I'd check with your local state/city/county laws. Most of the time you do not need to collect tax on services rendered. Just products sold.

Intel486 · 04-20-02, 05:05

Quote:

Originally posted by NY detailer
which reminds me, jason does not work for me, he just volunteers

LOL

Quote:

Originally posted by Josiah
oh, and on sales tax, I'd check with your local state/city/county laws. Most of the time you do not need to collect tax on services rendered. Just products sold.

I think we have to pay sales tax on serves down here. I'll check though. Huey P. Long really screwed LA up with all his taxes and "great" ideas. I think we are one of the more heavly taxed state.

Thank you everyone for your help so far.