Legal Question in Business Law in California

What do you mean auspice? You can't legally register a DBA that is the name of a corporation.

Your corporation can have a DBA under it, if that is what you are asking. Just remember that merely registering a DBA or proper entity with your county or state does not protect that business name as a trademark. I would certainly make certain to clear the name before you start spending any money on it.

Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you start spending any money in support of it or submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a brief article from Fox News on the importance of the due diligence process and a guide on how to choose a strong trademark.

http://www.lanternlegal.com/trademark_due_diligence.php

http://smallbusiness.m.foxbusiness.com/quickPage.html?page=20969&content=26793940&pageNum;=-1

http://www.lanternlegal.com/test_trademark.php

I would suggest discussing your plans over with counsel in private. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.