Legal Question in Business Law in California

You are not required to register the business in the US. There may be good reasons to do so, but merely selling items to the US does not mean you are conducting business activities in the US. A DBA offers no legal distinction between the person and the business. It is only a "doing business as" moniker. Further, before you start spending any money in support of this business and really I mean the trademark, you should properly clear the mark and file an application with the USPTO. This way you know you are not investing in a problem.

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.

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

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

I suggest discussing over some of the issues with a lawyer private and if it seems that a US registration offers an advantage you can certainly do that. 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.