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Eric

Registering a business name

6 posts in this topic

I will soon be releasing my first game and I would like to attach a nice business name to it, rather than just my own name. I reside in the US, specifically Texas. I was wondering if anyone had some general suggestions for this. I''m aware of a current similar post in this forum, and I''ll keep an eye on that, too. Looking at the various types of legal business structures, I think I want a "Sole proprietorship". Here''s a little blurb I found about it:
quote:
A sole proprietorship is the simplest form of business where one individual conducts the business. The business owner is personally liable for all the obligations of the business. A sole proprietor does not have to be registered unless the business uses an assumed business name. If the name of the business does not include the legal name of the business owner, the business name must be registered as an assumed name with the local city or town in which it is located. This allows the public to identify who is transacting business under that business name.
So I think I need to register an assumed name (DBA) in my local city, right? I would appreciate any general suggestions/anecdotes that you all may have. Also, one specific question: would I be able to cash a check which pays to the order of my registered DBA?
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When choosing a name be very careful. The good names are already taken and their owners are more than willing to sue you to hell and back.
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Most countries don''t protect the small businesses name, since it''s only relevant for a small area (in US I guess it''s a county).

If you register a name including the end "in city" with the city replaced by the location you are active in, no problems.

Most registration places will check your name against trademarks so you being sued should not be a big deal. On the other hand if somebody like your product and register it as a trademark, then you are a sucker.... You can''t win anything in most countries.

I would suggest just using your name, even if it is not a "flashy name". Register the title of the game as a trademark as soon as you have the bucks....

bmolsson
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bmolsson, actually, having the "flashy name" is all I care about at this point. If someone "steals" my name by trademarking it, oh well, I''ll get a new one. Once my company name or game title has earned some real value, then I''ll consider trademarking.

Now, everyone, let''s just re-route this thread and any further posts to here (it''s the same discussion): General Business Question.
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I know of a company which has sued another company because they only ATTEMPTED to trademark their name.

If you have a company name and are publishing a game (so that your company name is more or less known) and later someone comes and trademarks your company name he will have a hard time suing you out of your own company name. He may use it however and sue anybody who takes this trademarked name afterwards. I am no lawyer so I may be wrong, but it would damage the whole economy if someone would be able to trademark the name of another company and sue them. It''s like the web adresses. If you would own Microsoft.com Microsoft could force you to give them this internet adress.
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A subchapter "S" corporation may limit your liabilities to the holdings of the company - at least that was our understanding back in the 80''s.
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