Legal Question in Business Law in New Jersey

I'm in the process of starting up a retail business. I already have an LLC registered. I know I could register a DBA under the my current LLC. But if I'm bringing products to retail I'm nervous about using a name that I dont have total rights to. What is the true difference between using a DBA or creating a whole other seperate LLC.

Also, if I use a DBA should I get in trademarked and what impact will that have on others that may try to use the same name such as a competitor. I'm just not sure which way to go. Thank you.


Asked on 1/04/11, 8:15 am

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

You really need a lawyer's assistance on this. Give me a call.

Robert Davies, Attorney 201 820 3460

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Answered on 1/09/11, 8:24 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I agree with Mr. Davies. Going at this alone is not a good idea. I'd be happy to refer you to a good business law attorney

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Answered on 1/09/11, 9:04 am
Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. Creating an LLC in any name DOES NOT create any intellectual property right in the name. Whether the company can use the name or preclude others from using the name will be detemined by trademark/trade name law. In addition, a NJ LLC may not do business in any name other than its legal name without using the legal name together with the alternate name or registering the alternate name. But again, registering the alternate name with the Commercial Recording Office does not vest any right in the alternate name. You may wish to read an article I authored on the subject... it's on my website (www.bgartenberg.com). This is a tricky area of law. It would be prudent for you to get legal advice! Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

With best wishes,

Barry F. Gartenberg, Esq.

Please visit my website!

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Answered on 1/09/11, 9:09 am


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