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Question about creating a company for a simple purpose

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CalebK

Junior Member
Hi I am a US citizen living inside of Washington.

I am hoping to release an app to the app store, and it would be awesome if I could get it under the name of "Broccoli Presentations" or "Broccoli Presentations Inc" in order to do that I have to own an actual business called this. I am wondering what the process of making a simple business like this is, and if it is going to really over complicate things to do so. All this company would be for is releasing apps.

The app name is not going to be Broccoli Presentations, it is going to be something else, but I would like to publish it under a company called that.

Thanks much!
 
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adjusterjack

Senior Member
There is never anything simple about creating even a small business.

In your case you have even a bigger problem.

Albert R Broccoli produced most of the James Bond films and I imagine his estate or production company will sue you into the stone age if you used that name.

Name your app based on what it does, register it with the US Copyright Office, then consult an intellectual property attorney to find out how to release it or sell it with your best interests at heart.
 

quincy

Senior Member
Names cannot be registered with the Copyright Office. Names, however, can be registered as trademarks (with the USPTO).

You do not need to have a company in order to register a trademark as an identifier for your products. You will want to do a trademark search prior to committing to a single name, however, to make sure there is no one else using the name as a trademark on a competing product or service. Your search should include a search of nationally registered names, state registered names and names being used that are not registered. There are search firms you can use to make this a simpler process for you.

If you provide your state name, we can provide you with information on starting a business in your state. To start, though, here is information from the US Small Business Administration on starting a business: https://www.sba.gov/content/follow-these-steps-starting-business

As a note, I like your "Broccoli Presentations" name but I have not done the research to know if it is already in use.
 

justalayman

Senior Member
Names cannot be registered with the Copyright Office. Names, however, can be registered as trademarks (with the USPTO).

You do not need to have a company in order to register a trademark as an identifier for your products. You will want to do a trademark search prior to committing to a single name, however, to make sure there is no one else using the name as a trademark on a competing product or service. Your search should include a search of nationally registered names, state registered names and names being used that are not registered. There are search firms you can use to make this a simpler process for you.

If you provide your state name, we can provide you with information on starting a business in your state. To start, though, here is information from the US Small Business Administration on starting a business: https://www.sba.gov/content/follow-these-steps-starting-business

As a note, I like your "Broccoli Presentations" name but I have not done the research to know if it is already in use.
You have children, don't you quincy. Having to say the same thing twice is a clue that you do.:p



I don't think the OP NEEDS a business entity. I think he WANTS one, of the specific name listed, to release his apps under. I believe it is simply so his apps are released under that name and no other reason.
 

CalebK

Junior Member
There is never anything simple about creating even a small business.

In your case you have even a bigger problem.

Albert R Broccoli produced most of the James Bond films and I imagine his estate or production company will sue you into the stone age if you used that name.

Name your app based on what it does, register it with the US Copyright Office, then consult an intellectual property attorney to find out how to release it or sell it with your best interests at heart.
According to Wikipedia (couldn't find a better source) I think he went under as Eon publishing, at least according to here: https://en.wikipedia.org/wiki/Eon_Productions

Does that mean that that name is in the green(ok)?
 

quincy

Senior Member
You have children, don't you quincy. Having to say the same thing twice is a clue that you do.:p



I don't think the OP NEEDS a business entity. I think he WANTS one, of the specific name listed, to release his apps under. I believe it is simply so his apps are released under that name and no other reason.
You caught my triple posting, I take it. :)

I get the idea that CalebK thinks he might need to create a business in order to sell his apps. Depending on his state, that could be true.

But in order to sell his apps online, all that is generally needed is some sort of a product identifier - which can be satisfied by just picking a name (a trademark) and using it for his apps (this after making sure the name is not already being used by someone else). I did a brief search of "Broccoli Presentations" and found no matches (although there are 102 registered marks that use the word "broccoli" - mostly for food items).

Although more facts are needed, I do not think there is a need to worry about an Albert Broccoli lawsuit.


One additional note on what was said earlier by adjusterjack: Picking a name that describes what the app does is not smart. Descriptive trademarks are offered little to no protection under trademark law (until the mark gains a secondary meaning).
 
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CalebK

Junior Member
So wait can I release the name under a trademark? As I understand it the app store takes care of making sure that the app name is available during its 30 day review process, however for the developer name you are on your own.
 

justalayman

Senior Member
time out for a minute:


are you after the name simply because you want your apps to be sold under that name or are you of the belief you need a business to sell your apps and like that name>
 

CalebK

Junior Member
time out for a minute:


are you after the name simply because you want your apps to be sold under that name or are you of the belief you need a business to sell your apps and like that name>
Simply to be sold under that name, it is only ascetic.
 

adjusterjack

Senior Member
According to Wikipedia (couldn't find a better source) I think he went under as Eon publishing, at least according to here: https://en.wikipedia.org/wiki/Eon_Productions

Does that mean that that name is in the green(ok)?
Each movie's credits show Albert R Broccoli as producer.

I think it's a risk that you don't need to take. Your insignificant little endeavor might never be noticed but if it does get noticed and the lawsuit gets delivered to your door, it'll be too late to get out from under and the cost of a defense attorney alone will drive you into the poorhouse.

Use a little common sense here.
 

quincy

Senior Member
Each movie's credits show Albert R Broccoli as producer.

I think it's a risk that you don't need to take. Your insignificant little endeavor might never be noticed but if it does get noticed and the lawsuit gets delivered to your door, it'll be too late to get out from under and the cost of a defense attorney alone will drive you into the poorhouse.

Use a little common sense here.
Aw, come on, adjusterjack. There is absolutely no indication that any lawsuit would result from an app marketed under the name "Broccoli Presentations," although a thorough search needs to be done.

The name Broccoli is not owned by the producer and there are 102 broccoli-related trademarks.

CalebK, you can pick a name for your product. You can market your product under that name. That is your trademark. Make sure no one else is marketing the same or similar product under the same or similar name. Review it all with a trademark attorney in your area if you want to best ensure you are not infringing on anyone else's rights.

Read through the requirements for starting a business in your state, to see if you must register for tax purposes.

Good luck.
 

CalebK

Junior Member
Each movie's credits show Albert R Broccoli as producer.

I think it's a risk that you don't need to take. Your insignificant little endeavor might never be noticed but if it does get noticed and the lawsuit gets delivered to your door, it'll be too late to get out from under and the cost of a defense attorney alone will drive you into the poorhouse.

Use a little common sense here.
This is actually pretty wacky, believe it or not a friend of mine came up with broccoli presentations when we were making movies for school projects in 5th grade. I checked and neither of us knew about him.

The other wierd part is he goes under the nickname "Cubby", i used to use "cubby208" online for like all of elementary school and jr high.

What a coincidence I guess...
 

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