Changing the Applied-For Name. The name may be changed by adding or deleting words to distinguish the name. Filing Consent to Use the Name. Written consent may be obtained from the holder of the conflicting name and filed with the Secretary of State. A form for this purpose is available from the Secretary of State’s office. Applicants for a trademark may not obtain consents, but they may submit affidavits from themselves and from holders of conflicting names describing the nature of the businesses and the geographic and market area served as evidence that the marks will not be confusingly similar. There is no fee for filing these affidavits, although a fee is charged for filing a consent. Filing a Court Order. An applicant for a name who obtains a court order establishing a prior right to use of that name may file the name. The court order must be attached to the filing. Filing a Statement of Dormant Business. To use this method, the applicant must file a signed affidavit stating that: the existing corporation or business has been in existence for three years or more and is on file with the Secretary of State; the existing corporation has not filed anything with the Secretary of State in the past three years; the applicant mailed a written notice by certified mail return receipt requested, to the registered office of the existing corporation or business, and the notice has been returned as undeliverable; the applicant has made a diligent inquiry and has been unable to find a telephone listing for the existing corporation or business in the county of its registered office; and the applicant has no knowledge that the existing corporation or business is still operating.
FORMING A SOLE PROPRIETORSHIP
As noted in the section on choosing the form of organization, a sole proprietorship is the simplest form of business organization. There are no statutory requirements unique to this form of organization. From a regulatory standpoint, the business owner only needs to register the business name as an assumed name (if it does not contain the business owner’s first and last names), obtain business licenses and tax identification numbers if necessary, and begin operations. A list of business licenses required by the state of Minnesota appears in the Directory of Licenses and Permits section of this Guide. Procedures for registering the business name as an assumed name are discussed in the previous section of this Guide. The sole proprietor must obtain federal and state tax identification numbers if the business has employees. A sole proprietor who will hire employees also will need an unemployment insurance employer account number and must secure workers’ compensation insurance for employees. Generally speaking, employees may include family members. However, wages paid to a parent, spouse, or minor child of the sole proprietor are not reportable to unemployment insurance. A sole proprietor who will be selling a product or service that is subject to sales tax will need to register for sales and use tax purposes. These taxes and procedures for obtaining tax numbers are discussed in the section of this Guide on business taxes. Sole proprietors who will be hiring employees also should review the section of this Guide on Issues for Employers.
39
Made with FlippingBook - Online Brochure Maker