NFP DBA and what that means?
by Jo Guthrie
on
May 28, 2008 at 1:13:43 am
I belong to a group that has been nurtured under a non-profit company and is looking to go Not For Profit on their own. We will probably choose a generic name for the NFP name and continue doing business under our recognized name because we may wish to change it in the future as it is 'location' specific. I'm sure this is a baby-step un understanding type question but I've searched the web and the answer isn't immediately clear to me.
My question is: If we register a DBA, what's to stop someone else from using that name to open their own corporation? So, if we decide to use DBA Company XYZ, what's stopping someone in the same state from Incorporating the name and making it Company XYZ Inc.?
The impression I am getting is that the DBA is what protects us in our state (Massachusetts) from overlapping with another business. But I want to be sure I'm not overlooking something.
Re: NFP DBA and what that means? by Steve Wargo on May 28, 2008 at 7:10:20 am
It costs around $350 on your own and around $750 with the right lawyer.
One of our TMs was denied and my lawyer threw in the towel. I developed a strategy to over rule their decision and we won.
Read the info that David linked you to, very carefully, and then go for it. It's kind of cool to have Trademarks and copyrights.
My wife just did hers without a lawyer. We are waiting on the final OK right now.
Mine are "Chem Trails" and "Controversial Pictures".
Steve Wargo
Tempe, Arizona
It's a dry heat!
Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD .
Re: NFP DBA and what that means? by Timothy J. Allen on May 29, 2008 at 3:34:00 am
Steve,
My experience is that you can't simply trademark names - it's the "tangible expression" of the words that can be trademarked. Did you have a particular font style or color scheme that made your titles "trademarketable"?
Re: NFP DBA and what that means? by Jo Guthrie on Jun 3, 2008 at 1:16:34 am
I'm not clear that we have to? My question is whether or not our business name is covered already by the DBA. $350-$700 is a large chunk of our budget.
Re: NFP DBA and what that means? by David Roth Weiss on Jun 3, 2008 at 3:54:44 am
[Jo Guthrie]"I'm not clear that we have to? My question is whether or not our business name is covered already by the DBA."
Jo,
What you have never stated is why you are even concerned about any of this. Are you thinking somebody in your area is really going to try to capitalize on your company's name, or do you think you're going to be so different that you'll have something so valuable just in a name?
Unregistered trademarks are used all the time, and at a later date, if you find you really have something valuable, you can register the trademark then. Plus, using an unregistered trademark does not necessarily mean that someone coming along after you can suddenly start using your name or that catchy phrase you been using. If you have a proven and profitable history of using those terms that will often suffice if you're ever forced to defend against someone encroaching on your turf.
Is it safer to register? Sure!!! But is it necessary, heck no...
David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles
POST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW's Apple Final Cut Pro, Business & Marketing, and Indie Film & Documentary forums.
Re: NFP DBA and what that means? by Bruce Bennett on May 28, 2008 at 5:37:29 pm
Hi Jo,
I find it hard to believe that a business can qualify as a NFP without being incorporated (LLC, inc., ltd, etc.). You may have to without a choice. I would find out first before spending money for a TM.
Re: NFP DBA and what that means? by Steve Wargo on May 29, 2008 at 5:47:19 am
Hmm I just spoke to a NP CPA today and she said that the steps are:
Apply for a "Corporation" status with the state corporation commission.
Wait 3 weeks and then apply for a NP status.
Wait 120 days while they decide. (If it was MVD, it would be 300 days)
Possibly wait another 120 days till they decide. (MVD 1000 days)
After they decide YES (possibly), begin operating as a NP
You're a probationary NP for 5 years and then they look at your rep and your books and decide if you actually qualify and if you do, then there you go.
She also said:
It costs just under $5000 for the lawyer and CPA to get you started and then about $1200 a year for CPA stuff. She said that if it costs more, keep shopping.
Your time frame may differ, of course.
Steve Wargo
Tempe, Arizona
It's a dry heat!
Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1 HD .
