Legal Question in Business Law in New York
Im starting a dvd rental kiosk business called video express. i bought the machine and got the location, now how do i start this legally? do i need to register for a federal tax id or just a state tax id? what other legal forms do i need to fill out? how do i find out if the name of my company is taken? i checked trademarks and video express does exist but its not the same industry as a dvd kiosk, is it still legal to use that name? anything else i need to do?
2 Answers from Attorneys
Any business or franchise attorney will say there are numerous issues here that need to be addressed one by one. Are you operating as a sole proprietor, a corporation, an LLC or what? Generally you need a tax i.d. for your business with the IRS and your state. The trademark issue requires research and analysis. Consult with a good IP or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC
It is best if you incorporate before purchasing the DVD kiosk to avoid personal liability (especially if you are leasing the kiosk.) Since you may have already purchased the kiosk, nonetheless, you should incorporate sooner rather later and file for a EIN number.
Before considering trademarking your name, you should examine whether you are infringing someone else's protected marks. Only then should you consider trademarking your name.
Roman R. Fichman, Esq.
www.TheLegalist.com
212--337--9837
Admitted in New York and Connecticut
Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.
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