Hello and thanks for reading, this is an incredible website and all of you are so helpful to answer the questions posted.
A friend and I are ready to register, license and begin operating our scone business in California and I had a few questions. Our initial goals are to sell legally at farmers markets/festivals/vend through coffee shops, etc. Opening a store ourselves is an ultimate goal, but not something we can afford at the moment. Those things in mind:
1) What is the process in either registering or licensing our company, in order to be legal in the eyes of the city, county, and state? If we could be pointed to the specific paperwork that would be incredible.
2) Is it true that if we simply put a 'TM' next to any/all logo materials, this acts as a temporary trademark protection?
3) Does registering/licensing the company automatically protect our name and logo?
4) If we wanted to start cooking in a commercial kitchen tomorrow, and appear legally in public next week, what specifically should be done?
Again, thanks so much for the information. We've done a significant amount of web research, but it either seems to go in circles, does not provide a phone number to talk to a human, or is just a bit too confusing.
You might also think about finding a Small Business Development Center (SBDC) in your area. Part of the SBA - free to use - and should know all the local or state rules and regs for your business.
ChristineL | Former Moderator |
10/8/2009 - 10:06 am
Thanks BizResearcher for all the great information!
KMF-
Have you taken a look at 10 Steps to Start a Business?
It has wealth of information about registering, incorporation, taxes,
permits, etc., that may be useful to you. Registering your business occurs on the state level, so you will want to check out California's Business Portal for the specifics.
In terms of licenses and permits, have you tried our Permit Me Tool? By plugging in California and restaurants, it generated this list of necessary licenses.
BizResearcher mentioned setting up a partnership or sole proprietorship- have you considered other business incorporations? We wrote a great blog about different legal structures that gives an easy breakdown of your options and another about the pros and cons of an LLC v. S-Corp.
Please visit our Intellectual Property page for more information about protecting your trademark.
If anyone has suggestions or experience in this area, please feel free to add!
Message Edited by ChristineL on 10-08-2009 10:08 AM
BizResearcher | Window Shopper |
10/7/2009 - 11:09 am
The big issue is that you are baking in a commercial kitchen. You will need information about it and its license (perhaps a copy of it for your records) when the health department comes calling, and they will when they find your product.
You need to register your business name; you can find information about that on this web site and on your state business portal site listed below. Then, call your city clerk's office to find out if you need a business license. Some communities license all businesses; some license only selected businesses.
Registering a trade mark is fairly easy to do, but you have to be using the logo or name in business before you can register it. Check the CA state web portal for information and to download the forms to register the trade mark. Definitely begin using the TM symbol, since you plan to register it. Registering your business name or securing a business license does not protect your logo or name. You must trade mark it.
You can find information on registering your business name, legal entity type, and your trade mark on the CA secretary of state's web site at http://www.sos.ca.gov/business/ Because there are two of you, you will probably want to register as a partnership. You should also have an attorney draw up a partnership agreement. That way, should one of you decide to leave the business, everything is spelled out. If you don't have a legal partnership agreement and one of you leaves, the business legally ends. That can cause serious problems for the one who is still trying to run the business.
If you decide to operate as a sole proprietorship, you don't need to file any additional paperwork other than registering your business name.
BizResearcher | Window Shopper |
10/7/2009 - 11:11 am
Show Replied Text…
The big issue is that you are baking in a commercial kitchen. You will need information about it and its license (perhaps a copy of it for your records) when the health department comes calling, and they will when they find your product. You need to register your business name; you can find information about that on this web site and on your state business portal site listed below. Then, call your city clerk's office to find out if you need a business license. Some communities license all businesses; some license only selected businesses. Registering a trade mark is fairly easy to do, but you have to be using the logo or name in business before you can register it. Check the CA state web portal for information and to download the forms to register the trade mark. Definitely begin using the TM symbol, since you plan to register it. Registering your business name or securing a business license does not protect your logo or name. You must trade mark it. You can find information on registering your business name, legal entity type, and your trade mark on the CA secretary of state's web site at http://www.sos.ca.gov/business/ Because there are two of you, you will probably want to register as a partnership. You should also have an attorney draw up a partnership agreement. That way, should one of you decide to leave the business, everything is spelled out. If you don't have a legal partnership agreement and one of you leaves, the business legally ends. That can cause serious problems for the one who is still trying to run the business. If you decide to operate as a sole proprietorship, you don't need to file any additional paperwork other than registering your business name.
You might also do a web search to see if there is a specialty foods association in CA. If so, they will have much helpful information.
I just wanted to add some notes regarding the trademarks. You can get state protection for a trademark. If you only plan on using your trademark in the state of California, than that is fine. You can learn more about them here: http://www.sos.ca.gov/business/ts/ and find the form you need here: www.sos.ca.gov/business/ts/forms/tm-100.pdf.
Most businesses, however, generally plan on expanding and growing out of state. In that case, they want to get federal protection for their mark. For that, you have to go here: http://uspto.gov/
Regarding protection before you actually register. You can get protection (at least at the federal level) by filing an intent to use application. You can read more about that here: http://uspto.gov/trademarks/process/file/addreq.jsp
phanio | Contributor | 10/14/2009 - 9:42 am
ChristineL | Former Moderator | 10/8/2009 - 10:06 am
BizResearcher | Window Shopper | 10/7/2009 - 11:09 am
BizResearcher | Window Shopper | 10/7/2009 - 11:11 am
KMF | Window Shopper | 10/7/2009 - 4:49 pm
hostingdiva | Creator | 10/8/2009 - 7:49 pm
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