Legal Question in Business Law in California

My brother and I have our own service businesses in our respective states (AZ & CA). We offer the same services and have the same systems and procedures. To leverage his more recognized trade name and reputation, I would like to market my company with his trade mark name. I would like to market as his company which has "inc" on the end because he is a corporation (as my company is as well).

In this case, can we simply draw up a trademark license agreement but still remain two independent corporations, with independent liability? Then does CA require a dba so that I can begin to market under his name, or is the license agreement enough? Many, many thanks for your counsel!


Asked on 10/02/09, 2:21 pm

1 Answer from Attorneys

Yes, you can license his trademark and use his name. You should, for his sake, however, always put TM or the circle-r symbol (if he has registered his trade mark), and not use the Inc. so that you don't give people grounds to visit any legal problems you may have on him. Also you should put in your contracts, etc., some small notice that you are an independent licensee of his company trademark.

You will have to file a ficticious name statement with your county recorder, since you will not be doing business under your legal corporate name.

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Answered on 10/02/09, 6:30 pm


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