• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Name Help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jjfredrick

Guest
What is the name of your state? California (Sacramento)

I just started a gift basket business and have filed my ficticious name statement and obtained a license and seller's permit . The name has already been published in the newspaper. The name I filed is not currently being used in my county, but I neglected to look it up the trademark data base. Sure enough, after the fact of course, I discovered it is trademarked. I do not want to use a name that legally I shouldn't be using, but I don't know how to go about getting the my name changed with out getting a new permit etc and paying fees all over again ( I realize it is my responsibility to look the names up). I know I will have to file a new name statement, but what about the rest of the paperwork?
I do not have a bank account yet, so this is not an issue.

I am sorry to post what may seem like a silly or simple question and I am sure I can make some phone calls to get the answers, but it is too late to call the city offices etc. and I am feeling kinda dumb for not "doing my homework".

Thanks in advance for any advice or help.

Apparently too anxious to get started,
Jennifer
 


Bigfoot

Member
Have you checked to be sure that you don't need to just do an amendment to change the name? Filing over I would think suggests that you're expected to keep the old name AND file for a new one.
 
J

jjfredrick

Guest
Solved ~ Thank you!

Bigfoot

Thanks for the reply. I actually checked out your thought today. Here are my findings: I found out that I need to abandon my previous name (for a fee), file a new name (for a fee), publish my abadonment (for a fee), publish my new name (for a fee), and edit my licence (for a fee). The only thing that isn't going to cost will be changing the name on my seller's permit. The BOE was very nice and told me that my changes with them could take place over the phone. This has been a very costly lesson. I suppose I could have gone forward with the Trademarked name in hopes that I wouldn't one day get the dreaded legal letter, but I really don't think it would be fair to move forward with someone else's name. I also think the costs I've incured now will be far less than the ones I would obtain well into my busniess.

Thank you for taking the time to respond to my woes. I appreciate the help!

Jennifer
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top