QUESTION

If I cancel LLC within 12 months of filing my Articles of Organization and opt to start as a DBA, can I keep my business name and logo?

Asked on Jul 15th, 2020 on Business Law - California
More details to this question:
I started a business applied for LLC 2/29/20 on wrong advice, before I started my company and had product in my hand. Due to COVID-19 delay in manufact. and shipping, I have not been able to sell my product and now owe the $800 tax fee. I want to cancel the LLC, wait for my product to arrive, file DBA with my county and still use my logo/business name. I also want to file for a trademark for my logo/business name.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Who owns the name and logo?  If you personally, no problem, go ahead and use them.  If the llc, cause it to tansfer those assets to you.  Either way, apply for a trademark.  The only problem would be if the llc owes creditors which it can't pay, in which case any assignment of htose assets without consideration would defraud those creditors.  Creditors would include teh taxing authority.
Answered on Jul 16th, 2020 at 12:57 PM

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