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- Okay, okay, okay.
You don't have to be with me the whole time.
Why don't you wanna...
Why don't you wanna answer questions with me, Little Bird?
Little Bird's not a fan of being on camera.
Hello, everyone.
Welcome back to All Up In Yo' Business,
and another round of responding to comments
and answering questions.
I'm Aiden Durham, Business and Branding Attorney
with 180 Law Co. in Colorado.
Before we get into your questions and stuff,
make sure you subscribe if you haven't already done so.
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Also, it's the end of the day,
so I'm gonna crack open a nice drink.
This is not... (can opening)
Pro tip, you guys, I'm not sponsored
or in any way associated with Topo Chico,
but Topo Chico is officially the superior
hard seltzer drink, if you ask me,
so crack open a can, or pour yourself a drink, or whatever,
and let's have some fun, okay?
Okay, mm hmm, all right.
I'm all hyped up 'cause I've been obsessed...
I've been obsessed, like most people,
with the Johnny Depp, Amber Heard trial, of course.
I just turned it off right now
so it wouldn't be playing in the background,
but I'm gonna be getting right back into it,
and it gets me all hyped up.
I don't do any stuff in court, I don't go to trial,
I don't go to court, and I don't remember, really,
anything about evidence or, you know, how to do a trial,
so it's fun for me to get a nice refresher
of how to do it well, or how to not do it so well.
Okay, anyway, enough of that.
Question time, question time.
All right, the first one. (clapping hands)
"Can I use my company's Facebook page
"as proof that I am using the trademark
"if asked in the process?"
I'm gonna stop you right there,
it's that you will, you will be asked
for proof that you're using your trademark
in the trademark registration process,
assuming you're doing it in the US.
Not all jurisdictions are the same,
but you will be asked for it in the process.
"Can I use my Facebook page?"
If your Facebook page shows use of the trademark
in connection with the goods and services
that you identify on the application,
then yeah, absolutely.
A Facebook page is an acceptable specimen as anything else,
but if it's just your personal Facebook page
that has your name on it, and pictures of your kids,
or food that you eat, no, that's not going to be acceptable.
So it's not a question of is my Facebook page acceptable,
it's does my Facebook page show what needs
to be shown for the trademark?
And we need to show the trademark,
and how it's being used in connection
with your goods or services.
"And can I use the word, group
"in my LLC and trademark name, for instance X Group?"
Yeah, you can use whatever you want, for the most part.
You can use whatever you want.
"If you have multiple DBAs under an LLC,
"and one of your DBAs is being sued for liability,
"are all the DBAs at risk for being sued?"
Yes, yes.
A DBA, your DBA wouldn't be getting sued,
your LLC would be getting sued.
DBAs aren't...
There's no separation.
It's literally just a nickname for your LLC,
so if you're operating under multiple DBAs,
and liability arises because of one of those operations,
then yeah, the liability is to the LLC,
and all of the LLC's assets are at risk,
including assets that might be associated with another DBA.
"Question I have is should you create
"the umbrella holding company in a state
"that lets you remain anonymous, like Wyoming?
"Is that okay to do?"
Is it okay to do, yeah, absolutely.
Should you?
I don't know, I know nothing about you.
If privacy and anonymity is important to you,
then yeah, that would be a good way around it, I suppose,
by registering Wyoming if Wyoming permits that.
I don't know, I don't do a whole lot
of formations in Wyoming 'cause I'm not licensed there.
Should you, I don't know.
You should talk to a lawyer in Wyoming
or in your state or jurisdiction.
Is it okay to do, yeah, that's fine.
"Sole proprietor, if I bring my 16-year-old son on
"as an employee after getting a work permit,
"do I need an EIN?"
An EIN is required if you have employees.
Doesn't matter how old they are,
or if you're related to them or not.
If you're paying people on payroll,
then you need an EIN.
"Six years ago, my business LLC status
"went into involuntary dissolution.
"Should I reinstate, or can I start
"a new entity with my old name,
"which is still available?"
Again, should you, I don't know.
I don't know anything about you.
I can't tell you what you should or shouldn't do.
Can you?
Yeah, you can reinstate it,
or you can start a new entity with the old name.
The drawback of reinstating a dissolved LLC
is that any potential liability that may be connected to it
is then going to be connected to it once you reinstate it.
So if you're trying to start fresh
with a brand new entity that has no history to it,
then it's usually gonna be better
to just start a new entity, but you can do either.
whether you should do one or the other, again, I don't know.
You should talk to a lawyer who's licensed in your state.
So this question is in regard to...
I think it has to do with changing your business,
your LLC name,
and I mention in that video that if you've changed
your company name,
you need to let the IRS know about it one way or the other.
You can sometimes indicate it on your tax filings
that the business name has changed,
or you can write a letter to the IRS
and notify them about this.
So, "I'm questioning about the letter being sent to the IRS.
"I sent a letter in a month ago,
"wondering if I'll receive updated documents
"confirming the change of the name?"
No, as far as I'm aware,
the IRS isn't going to send you a confirmation
or any kind of updated document about it.
They might actually send a letter.
Let me look in my files,
'cause I changed my business name a few years back,
and I had to go through this same thing,
so I'm gonna check back and see
if I got something back from the IRS.
I don't believe so.
I don't see anything in my files.
I'm not certain.
I'm pretty sure the IRS isn't going to send anything
confirming the name change,
or they're not gonna send updated documents,
that's for sure.
They're not gonna send you a new EIN letter
with the new name.
That's definitely not gonna happen.
"I tried a few weeks ago opening up a business bank account,
"was denied, due to having my updated
"state amendment paperwork,
"and an old copy of the previous name
"from the IRS with the same EIN.
"Now, I'm stuck."
I would say, try another bank or another banker.
Sometimes, you know, no offense to banking professionals,
but they don't, in my experience,
always understand exactly how the law works
with business stuff,
and the fact, if you can show them
this was the name previously, and that matches the EIN,
and here's the paper trail of where I amended the name,
that is...
When I've done this myself, that was perfectly acceptable.
So my best tip, if you're pretty sure
you've got everything right,
but the bank is telling you you don't,
try talking to a different bank.
"Can I deposit the earnings of my LLC
"where I bill myself as an employee to the client
"into my personal checking account via direct deposit?
"Or does there need to be a separate account for it?"
If you can't tell, no, no.
I don't know what you mean by where I bill myself
as an employee to the client,
but no, never deposit earnings of your LLC
into your personal checking account.
Earnings of the LLC go into the LLC's account,
and then you can take a payment from it,
either as a distribution or payroll,
depending on how things are structured,
but no, no, no, no, never deposit money
directly into your bank account,
always into the business.
"In regards to a business credit profile,
"what do you think would appear to be more beneficial
"to see from a lender's perspective?
"Making a financial contribution
"and letting the business bank account season
"for a few months, leaving the money in there,
"Or loaning money to the business
"to help season it that way,
"and being able to provide the necessary documents
"to lenders in regards to that,
"or is there any real valuable difference?"
So a contribution versus a member loan to the business.
It's gonna depend, but if you're a single member LLC,
and you're loaning the money to your business,
it's gonna be the same.
I don't think there's gonna be any difference.
They're gonna, lenders are gonna be more concerned
about cash flow, profitability, you know,
if you're in the beginning of a business,
your credit history, your credit score, that kind of stuff.
"Can I use registered...
"Can I use a registered agent's address
"as my business address?"
It depends on if the registered agent
permits you to do that.
Some do, some don't.
Most of them that I am familiar with
don't want you using their address as the business address,
but there are a few who will permit you to do that.
Check, you know, email, call your registered agent,
or whoever you're interested in working with,
and see if they'll allow you to do that.
"If you put two letters together to create a logo,
"should it be copyrighted or trademarked?"
A logo is a trademark.
There might be some elements to it
that could be protectable by copyright,
but a logo, if you're using it as a trademark,
then it it's a trademark,
and the best protection for it as a trademark
would be registering it as a trademark.
"Does that mean I cannot start working,
"selling, et cetera with my business
"until after the trademark comes back?
"As if it does take a year,
"does that mean I have to wait whatever time
"before I start selling?"
No, no, it's the opposite.
You have to start selling.
You have to start using your trademark in commerce
before it will actually be registered,
so no, that's not what that means.
You can, you absolutely can and will have to
start working, selling, et cetera in your business
prior to when the trademark is officially registered.
Okay, Topo Chico break.
Again, you guys, I'm not sponsored.
If Topo Chico sees this and you guys wanna get in with me,
I'd be totally down, but man, is this good.
Mm, okay. (can thumping)
"What's the best address to put..."
(Aiden Durham clearing throat)
Bubbly, "What's the best address to put
"if you want a different mailing address?
"For example, the section, 'Do you have a mailing
"'address different from above
"'where you want mail to be sent?'
"If I have a virtual business address,
"but I don't wanna use my virtual business address
"as my mailing address,
"should I use a PO box, or home address for..."
Whatever you want.
It doesn't make a difference.
If you would rather have a PO box as your mailing address,
then you can go ahead and do that.
If you'd rather have your home address
as the mailing address, that's perfectly fine as well.
"Can a DBA be trademarked?"
So this is the wrong question to ask.
It's not can a DBA be trademarked,
it's is your DBA a trademark?
If you're using a name, whether it be your LLC name,
your DBA name, or any other name,
if you're using it as a trademark,
then it can be trademarked.
It can be registered as a trademark.
It doesn't matter if it's a DBA, a trade name,
the actual entity name, something else,
a logo, whatever it is, if it is a trademark,
then you can register it as a trademark,
and you can absolutely use a DBA as a trademark.
(sighing) One of my favorites, you guys.
This is just one of my favorites.
I love these questions.
"Why do you talk that way?
"Who could take someone seriously
"who talks like an insecure pre-teen?
"There are entire generations lost
"to these weird affectations.
"She's beautiful and intelligent,
"but doesn't sound like an adult."
I don't know what a...
What does an adult sound like?
So what, why do I talk that way?
I guess, because that's the way that I talk.
I grew up in Southern California,
if that makes any difference.
I have that valley girl inflection.
Whatever, why do you come...
Why do y'all think so much?
Why do you get so affected by the way people talk?
That's the real question.
Anyway, "Can you make a video about franchise?"
Ooh, Ooh, I don't know, maybe.
Franchises, you guys, are really, really complicated.
If I were to make a video about franchises,
most of it would be don't do this based off of YouTube.
Don't do a franchise on your own using free info
you get from YouTube or the internet.
If you are in the realm of franchising,
if you want to franchise, you have to, really,
I mean, not literally have to,
but you really need to work with an attorney
who is very, very familiar with franchise law
and how franchising and licensing works.
There are a lot of things that go into franchising.
Maybe I'll make a video about it, I don't do...
I don't do any work with franchises.
It's not my area of expertise because it's very complicated.
So maybe, I don't know, I'll put it on the list.
In the meantime, though, find an attorney
who is licensed in your state who deals with franchises.
Okay, that's all, you guys.
How much fun was that?
What a great day.
Thanks for being here.
Thanks for all the comments and questions.
You guys are lovely.
I love you, I mean, most of you,
Not that person who's talking crap about how I speak.
God, that's so annoying.
Just let me have my voice.
Why can't I just talk the way I talk
without people getting all up in my...
(chuckling) getting all up in my business about it?
I don't even realize when I make my own joke, mm.
Okay, like, subscribe, share, (can thumping)
check the description for more info,
free stuff to download, and all kind of fun stuff.
Thank you so much for watching.
I'm Aiden Durham, and I'll see you next time.
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