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Just a general question, not specific to any one state.
Assume that I've registered a domain name, have set up a web site and am
selling things on it. It's just me, an individual, selling items I've
designed. Can I use the domain name as a business name without
registering it as such? For example, can I have stationery with my
logo--which is my domain's name--even though I haven't registered as a
business?
Is it a good or bad idea NOT to register as a business? (Obviously, I
realize someone else could come along and create a business using my
domain's name, but aside from that.)
And if I do want to register as a business...WHERE do I do that? In the
county I'm currently living in? Or what?!
Thanks for any advice.
--
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1000 reasons NOT to vote for Bush: www.thousandreasons.org/listB.html
Bush or chimp? See the similarities!: www.bushorchimp.com/pics.html
Dogs hate Shrub, too: www.dogshatebush.com
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Just a general question, not specific to any one state.
Assume that I've registered a domain name, have set up a web site
and am
selling things on it. It's just me, an individual, selling items
I've
designed. Can I use the domain name as a business name without
registering it as such? For example, can I have stationery with my
logo--which is my domain's name--even though I haven't registered as
a
business?
It's legal to use any name you want as a business name unless you bump
into someone's tradmark or into laws about using ficticious names.
Ficticious business name laws require that you file a disclosure
document with the county recorder. Some states won't allow the filing
if the name is already used. In some states, like California, you can
file the disclosure even if hundreds of others also filed statement
with the same ficticious name. In some states you must also publish a
newspaper notice of the filing. In those states, a good way to do it
is to go to the newspaper first. In exchange for giving them the
publication job, they will do the filing of forms with the county
recorder.
Is it a good or bad idea NOT to register as a business?
If by "register" you mean complying with the ficticious business name
law, its not optional, and there is no downside. Many local
governments require that you obtain a business license. Those come
from city hall in the city where the business is being conducted. If
you mean incorpoation of the business, there are factors to consider.
If that's your concern, let us know.
McGyver
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LinuxSaves <BogusAddress@no.spam.com> wrote in message news:<RLagd.9922$KJ6.84@newsread1.news.pas.earthlink.net>...
Assume that I've registered a domain name, have set up a web site and am
selling things on it. It's just me, an individual, selling items I've
designed. Can I use the domain name as a business name without
registering it as such? For example, can I have stationery with my
logo--which is my domain's name--even though I haven't registered as a
business?
It is wildly improbable, in this era of money-laundering concerns,
that any bank will let you open an account or deposit checks without
having seen a business name certificate. In many states you get that
at the county clerk's office. It reserves the name only in the county.
For wider protection you need to incorporate (or LLC, generally
protects you statewide) or, more practically, seek trademark
protection.
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LinuxSaves wrote:
Assume that I've registered a domain name, have set up a web site and am
selling things on it. It's just me, an individual, selling items I've
designed. Can I use the domain name as a business name without
registering it as such? For example, can I have stationery with my
logo--which is my domain's name--even though I haven't registered as a
business?
If all you are getting is orders by e-mail, or by snail-mail, the county
is - and your neighbors are - unlikely to be aware of your existence.
Unless the county becomes aware of your existence or your neighbors
notice you're running a business, don't like it and report you to the
county, they are not going to expect you to register a business.
I remember the story of a man who was running a small gift shop out of
his house along the state highway. His neighbors didn't like him
running a business there and reported him for it. The county made him
shut it down because his property wasn't zoned for a retail business.
Well, the guy decided to make his neighbors sorry for reporting him. He
looked it up and discovered his property was zoned both for residential
use and for agriculutural use. So he opened a pig farm. And this was
something nothing his neighbors could do anything about, except suffer
over the smell since his new use was 100% legal.
Is it a good or bad idea NOT to register as a business? (Obviously, I
realize someone else could come along and create a business using my
domain's name, but aside from that.)
Their later use would have no effect on your domain registration and in
fact unless they have a trademark registration at the federal level of
some government before your registration they would not have grounds to
take your domain away.
And if I do want to register as a business...WHERE do I do that? In the
county I'm currently living in? Or what?!
Depends on the place. Most places it's registration for a ficticious
name and is done with the county recorder for a small fee. In some
places (Maryland is one) ficticious names are registered with the state,
not the county.
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