Legal Question in Business Law in New Jersey

Re: Dissolving a LLC

You will need to register company name as a trade mark. You may already have common law protection in the area in which you operated as a business and sold goods. But to protect the name as a brand for continued use, you will need to register the name as a trade mark. The Fidelis Law Group can assist you with both registering the trade mark, as well as with dissolving your LLC. Please do not hesitate to contact us at [email protected] if you would like to discuss this matter further. We would be glad to assist you.

Re: Dissolving a LLC

While I agree with Bob that without formal trademark protection, you have limited rights in the name. As to how to protect your partner, I suggest he either file a Trade Name Certificate in the County where the business will be condcuted or in the County of his residence. Better yet, he should form a one-person LLC, which would give state-wide protection. This will cost him some money each year to maintain its registration, even if only inactive. As stated, best is to trademark the brand and name. However, he, again, may have limited rights if he does not use the name for any business operations. This should be checked with a patent/trademark attorney.

Re: Dissolving a LLC

You would have to register the mark and have your partner conduct business using a different LLC. Also, you will want to include language in the final dissolution agreement reflecting conveyance of the right to the mark and also reflect whether any consideration will be paid for that.

Feel free to contact me should you have any further questions or require assistance on this matter.

Kind regards,

Peter Moulinos