How do I make my organization a legal entity?

Question

I am starting a theatre company and would like to make our name an official, legal entity so that nobody else can use the name and so that we can open a bank account. How do I go about doing this?

Answer 1

You've got two different issues here; let's tackle them one at a time.

RE: Business Structure

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

* Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships by Michael Spadaccini
* LLC or Corporation?: How To Choose The Right Form For Your Business by Anthony Mancuso
* Legal Guide For Starting & Running A Small Business (8th Edition) by Fred S. Steingold

There are plenty of free informational resources out there. Check the source box for links to articles & sites.

RE: Trademarks

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. In your case, you want to protect the name that you use in connection with your theatre services.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

To register the name, you just Trade mark it. To make the organization a legal entity, in the US, you incorporate it. Both are pretty easy to do.

-Dio

Answer 3

get a business licesnse
and an EIN number,
registering your name with the IRS