Legal Question in Business Law in Wisconsin

Business start up

I am currently brainstorming business ideas and I wanted to know the difference between being incorporated versus an LLC or S corporation and which would be more beneficial for a small entertainment promotions company. Also, how do I go about getting a trademark both state and federal for my company name?


Asked on 6/03/03, 12:03 pm

2 Answers from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: Business start up

All 3 of the entities you describe would provide limited liability for the owners. There are subtle differences, and often the choice is dependent upon what the entity's accountants prefer, or the number of owners, or such other items. After discussing the situation with a client at an initial interview, the attorney usually has some idea, but often must wait for the accountant to provide its comments.

There are trademark applications and methods to protect a mark on both the state and federal levels, as your question suggests. Forms may be obtained from the US Patent and Trademark Office for federal protection. In Wisconsin, the forms are obtained from the Department of Financial Institutions (DFI). The legal impact of such filings differs. You should consult a qualified attorney to go over these matters.

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Answered on 6/03/03, 3:07 pm
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Business start up

Hello,

I agree with the answer from Attorney Schober. I always make sure that new business owners have a good accountant, and then I make sure that we are all on the same page regarding entity and taxation. Most small companies are set up as an LLC, but as Tom says, that requires a bit more analysis to see what is best for you.

Best wishes, Mark J. Mahoney 920-984-4529

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Answered on 6/03/03, 4:38 pm


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