Legal Question in Business Law in California

Congratulations on wanting to start a clothing business. You might want to contact SCORE, the Service Corps of Retired Executives. As far as trademarks, while the following advice is grossly oversimplified, in general clothing designers are better off using their own names for a number of reasons. While registering a trademark is helpful, if you use a real person's name you have the "right of publicity" in your own name in addition to any trademark rights you have.

Along with the "right of publicity" go the "responsibilities of publicity," which you, your business partner and your parents may not want.

First, learning about how to start and run a business is a lifelong process. I'm 70 and still learning how to run a law office! Mr. Stone's idea about SCORE is a good one; it is set up to advise people starting new businesses. I think it would also be useful to buy (or borrow at a library) one or two of those large-format paperback books on how to start and run your own business. I like the idea of having two different ones, so you can see how different authors handle the same problem.

The books may touch on, or even cover fairly well, trademarking your product of business name. If it doesn't, look for a book on that as well.

As a general matter, you can apply for a trademark yourself, on line. The application process is not simple, and you'll need a credit card with about $300 you're willing to spend. It takes about a year from date of application to approval if all goes well. The USPTO expects you to be using the trademark in interstate commerce at the time of application, but you can also pre-register based on an intent to use the mark in the near future.

If the business takes off, consider moving it from a partnership into a corporation or limited liability company.

If neither of you is yet 18 or emancipated, anticipate some problems doing deals, opening accounts, etc., because you don't have the power to make business contracts.