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A question about fictitious business names and a business license?

Patents & Trademarks Discussion Forum

A question about fictitious business names and a business license?

Postby galvin » Fri Mar 23, 2012 3:02 pm

I have one business license in one city of southern california I filed two additional fictitious business name statements, two different names, so now I have three fictitious business name statements, three sellers permits, but only one business license.

I called the business license department and they said that I could just use one business license for all three fictitious business name statements since they are similar in types of business, and all of them have to do with wholesale/retail, and that I don't have to pay for an additional license. They told me to write them a letter telling which business name I want to use or change the business name to, and the seller permit #

Why can't I use all the names together. One of the names I have trademarked, but it is not really the one that I want to concentrate on. The other names I am currently trying to trademark, and I have more ideas for. Why can't I use them all under one business license rather than picking just one, and write the letter stating that I my business license name is all three?

BTW, I have not yet generated income on any of them.
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A question about fictitious business names and a business license?

Postby leland » Fri Mar 23, 2012 3:05 pm

I have one business license in one city of southern california I filed two additional fictitious business name statements, two different names, so now I have three fictitious business name statements, three sellers permits, but only one business license.

I called the business license department and they said that I could just use one business license for all three fictitious business name statements since they are similar in types of business, and all of them have to do with wholesale/retail, and that I don't have to pay for an additional license. They told me to write them a letter telling which business name I want to use or change the business name to, and the seller permit #

Why can't I use all the names together. One of the names I have trademarked, but it is not really the one that I want to concentrate on. The other names I am currently trying to trademark, and I have more ideas for. Why can't I use them all under one business license rather than picking just one, and write the letter stating that I my business license name is all three?

BTW, I have not yet generated income on any of them.
Having a license and having seventeen different names for the business are separate concepts. You can probably call your business anything you want, as long as it's a registered fictitious name that you own.

Not clear what you mean by "One of the names I have trademarked." Your trademark has nothing at all to do with your business name. Again, separate concepts. Do you think there is a "Huggies, Inc"? No, that is one of many brands owned by Kimberly-Clark.

You need to find out if you are allowed to use one business license with multiple fictitious names, and simply change the name to whichever you prefer, and it has NOTHING to do with your trademark.
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A question about fictitious business names and a business license?

Postby aethelbert35 » Fri Mar 23, 2012 3:08 pm

The standard for "use in commerce" means actually putting the mark on goods you offered to at least one other person or on advertising for services offered to at least one other person. Under federal registration rules, you can even file BEFORE you have actual use, calling it "intent to use".
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A question about fictitious business names and a business license?

Postby barclay76 » Fri Mar 23, 2012 3:20 pm

Just putting a name on a company is definitely NOT a "use in commerce", if you're not trading an anything that has the company name on it. For instance, a name/logo on a business card is not "acceptable evidence" of actual use in commerce because a business card is not "goods or services".
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A question about fictitious business names and a business license?

Postby broehain61 » Fri Mar 23, 2012 3:32 pm

Your fictitious name is just a DBA that links your personal name to a tax ID number. It should make no difference as long as all of your DBAs point to the same tax ID number.
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