(Hand back to SBDC)
We all do a lot of the same things:
Free counseling, low-cost training, help starting & growing businesses
We’re not competitors.
Our common goal is to help you succeed.
Needs to be close to domain name
Look at Yelp reviews
Know who has business with similar name
Think about needing to shorten your name in the future (SOB vs SOS)
From NOLO:
To do business on the Web, you'll need at least one domain name -- the .com or .net website identifier that has become so familiar (and sometimes annoying) in commercials and print advertising. You may want to use your business name as your domain name, with .com or .net tacked on at the end -- or you might pick a new domain name that you think will draw people to your site.
To help your website, and business, flourish, pick a domain name that:
is easy for Web users to remember and find
suggests the nature of your product or service
serves as a strong trademark so competitors won't be able to use a business name or domain name similar to it, and
is free of legal conflicts with trademarks belonging to other businesses.
Choosing a Domain Name
The best domain names are often the simple ones -- short, memorable, clever, and easy to spell and pronounce. Nevertheless, you must weigh the sometimes competing concerns of a Web-friendly name with the importance of obtaining trademark protection for the name you choose.
Can You Get Trademark Protection?
Straightforward domain names that describe a business's product or service are more difficult to protect as trademarks than distinctive and clever domain names. Many good domain names -- for instance, coffee.com, drugs.com, and business.com -- are not eligible for much trademark protection because they aren't unique; they identify whole categories of products or services. Likewise, domain names that use geographic identifiers or surnames are less likely to receive trademark protection -- unless your name happens to be Dr. Koop or something equally famous.
Balance Competing Concerns to Find the Best Name
Despite limited trademark protection, ordinary domain names are potentially powerful because of the way people find information on the Internet. For this reason, you should consider carefully whether it will benefit you more to choose a domain name that's easy to find and difficult to protect under trademark law or one that's distinctive and easily protectible as a trademark.
The downside to using a distinctive name created by coining a new word or using an arbitrary term (as in yahoo.com, flooz.com, or amazon.com) is that these names require extensive marketing efforts to attract customers, since the domain names have nothing to do with their underlying products or services.
One good balancing strategy is to choose a domain name that evokes a website's product or service but isn't too ordinary, such as medscape.com, or inc.com. Domain names like these are eligible for trademark protection, and customers should be able to easily remember and associate these names with your business.
Another good strategy may be to use one distinctive domain name, such as peets.com, and one generic domain name, such as coffee.com, to represent that same site.
ICANN: Internet Corporation for Assigned Names and Numbers
What Does ICANN Do?
To reach another person on the Internet you have to type an address into your computer -- a name or a number. That address must be unique so computers know where to find each other. ICANN coordinates these unique identifiers across the world. Without that coordination, we wouldn't have one global Internet.
In more technical terms, the Internet Corporation for Assigned Names and Numbers (ICANN) coordinates the Internet Assigned Numbers Authority (IANA) functions, which are key technical services critical to the continued operations of the Internet's underlying address book, the Domain Name System (DNS). The IANA functions include: (1) the coordination of the assignment of technical protocol parameters including the management of the address and routing parameter area (ARPA) top-level domain; (2) the administration of certain responsibilities associated with Internet DNS root zone management such as generic (gTLD) and country code (ccTLD) Top-Level Domains; (3) the allocation of Internet numbering resources; and (4) other services. ICANN performs the IANA functions under a U.S. Government contract.
From NOLO:
Finding a Name That Hasn't Been Taken
Your toughest task when picking a domain name is likely to be finding a name that's available; millions of names have been snapped up already. For example, if your business name is Flaky Cakes, you may find that FlakyCakes.com already belongs to someone else. In that case, you'll have to use a different domain name (and maybe change your business name) or pursue other options for securing the domain name you want.
Your domain name is at risk if it legally conflicts with (is the same as or very similar to) any one of the millions of commercial trademarks that already exist. To protect yourself, do a trademark search. For more information on trademark searches, see Nolo's article Make Sure Your Proposed Business Name Is Available. For more information on making sure your domain name won't violate another's trademark, see Nolo's Domain Names and Trademark FAQ.
Registering Your Domain Name
After you've picked a domain name that's legally safe, go online to register your find with a domain name registrar, such as register.com or GoDaddy.com. (If you'd like to do some comparison shopping, a list of approved domain name registries is offered at www.internic.net/alpha.html.)
In addition to registering your business name as a domain name, you may want to register the names of your products or services, or other related names. For example, if you design and sell gourmet aprons, and your primary domain name is countrystyle.com, you might also want to register aprons.com so that customers who are looking for aprons and enter "aprons" into their browser will land at your site.
It's also a good idea to register common misspellings of your primary domain name and of the names that reflect the nature of your products or services. Keep in mind, however, that it's illegal to register a domain name solely for the purpose of blocking someone with a legitimate right to the domain name from using it.
Applying for Federal Trademark Protection
Once you settle on and register a domain name, you should apply for trademark protection with the Patent and Trademark Office (USPTO). While you don't need to register your trademark with the USPTO to establish your rights to your domain name, doing so strengthens your power to enforce your rights against anyone else who tries to use the name to market similar goods and services, and prevents someone else from registering the same name with the USPTO. This may prevent a lot of headache in the future.
Link is embedded- hover over bottom of slide
Sole Proprietorship - Assumed Name, Doing Business As (DBA)
In Austin, you would file your paperwork for your Assumed Name, Doing Business As (DBA) at the Travis County Clerk's Office. A DBA ensures the business name you plan to use is not being used by someone else in Travis County. The Assumed Name is good for 10 years unless changes are made. Travis County charges a fee of $13.00 plus $0.50 for each name on the form, including the business name and each owner's name. Fees are payable by cash, cashier’s check, or money order. No checks are accepted. If processing via mail, send the forms by certified mail with a return receipt requested to verify receipt by the county clerk. Please consult the Travis County Clerk's Office as prices and procedures are subject to change without notice.
Complete the Assumed Name Records Certificate of Ownership for Unincorporated Business or Profession Form.
Once the completed paperwork has been notarized, you will file it at the Travis County Clerk’s Office. The office is located at 5501 Airport Blvd, Austin, TX 78751 (Phone: 512- 854-9188).
Partnerships, Limited Liability Companies and Corporation
In the State of Texas, all partnerships, limited liability companies and corporations are all filed thru the Office of the Texas Secretary of State. Please review their website for information regarding these types of business filings. For general information and specific filing questions, you may also contact them directly at 512-463-5586.
Federal Taxes
Information regarding federal income taxes, tax identification numbers, business tax credits, and employment tax regulations may be obtained by contacting the following agencies:
INCOME TAXES, TAX IDENTIFICATION NUMBERS, AND BUSINESS TAX CREDITS
Internal Revenue Service
825 East Rundberg Lane, Suite H-4
Austin, Texas 78753
800-829-1040 or 800-829-4059 (TDD)
Business Tax Kit and other publications: 800-829-3676 or 800-829-4059 (TDD)
EMPLOYMENT TAXES
Social Security Administration
800-772-1213
State Taxes
BUSINESS TAXES
The Comptroller of Public Accounts is charged with the administration and collection of state and local sales tax from businesses operating in Texas, and also collects any franchise taxes owed by Texas corporations. There is no state income tax in Texas. The Comptroller maintains field offices in most major Texas cities to provide assistance and aid in complying with tax regulations. For further information on these taxes, contact:
Comptroller of Public Accounts
111 East 17th Street
Austin, Texas 78711
512-463-4600 or 800-252-5555
The permits required for taxes collected by the Comptroller are defined and outlined in the section titled Listing of Business Licenses and Permits.
EMPLOYMENT TAXES
The Texas Workforce Commission collects all unemployment taxes for workers employed in Texas. For information regarding these taxes, to obtain a state employer's identification number, and for information on tax credits, contact:
Texas Workforce Commission
Tax Department
101 East 15th Street
Austin, Texas 78778
New Employer Accounts/Status of Accounts: 512-463-2731 or 800-832-9394
Quarterly Reports: 512-463-9182
Rates: 512-463-2758
Unemployment Insurance Customer Service: 512-463-2542
Local Business Property Taxes
BUSINESS TAXES
If the business owns tangible personal property that is used to produce income, the property must be reported on a rendition form to the local county appraisal district, after January 1 and no later than March 31, each year. Business owners must report all inventories, equipment, and machinery. For additional information, contact the local county appraisal district. See the government pages of your local telephone directory for telephone numbers.
LOCAL SALES TAX
The Texas state sales and use tax rate is 6.25%, but local taxing jurisdictions (cities, counties, special purpose districts, and transit authorities) may also impose sales and use tax up to 2% for a total maximum combined rate of 8.25%. Please review Guidelines for Collecting Local Sales and Use Tax for additional information on local sales and use tax.
Taxable Services in the State of Texas
http://www.window.state.tx.us/taxinfo/taxpubs/tx96_259.pdf
Tax Reference Table
The following information pertains to state and federal taxes. The IRS Business Site assist businesses structured as Corporations, International Business, Partnerships and Small Businesses Self-Employed. The site has vital links to other Texas government entities. The IRS Employer ID Numbers (EINs) sites assist in obtaining an EIN. The site provides information on changing Ownership and information on EIN for Health Transactions. Businesses may need a National Standard Employer Identifier (NSE) for electronic health transactions. Further assistance on Texas tax can be viewed on the Texas State Comptroller website which includes information on electronic filing and online assistance through the STAR system.
The State of Texas does not require a general "business" license. However, there are a number of regulatory agencies that have licensing and permitting requirements based on the type of service, or products associated with your business.
To ensure that all permitting requirements are met, you should contact the local county and/or city government in which you plan to conduct business to determine if there are any additional requirements.
Please visit the Texas.gov's Ocupational Licenses and Permits and select the applicable occupation from the menu on the left.
Should the business discharge pollutants, the Texas Commission on Environmental Quality requires various air, water and waste permit authorizations.
To determine state occupational licensing and permitting requirements, please visit the Texas Department of Licensing and Regulation (TDLR) for more information.
Zoning
Zoning is a power granted to municipalities by the State in order to promote public health, safety, morals, or general welfare, and to protect and preserve places and areas of historical, cultural, or architectural importance and significance.
Deed restrictions on a property can be found by researching the Travis County Clerk’s Public Records. Deed restrictions run with the land regardless of property ownership.
Permits
Examples:
Building Permits - construction and mechanical, plumbing, electrical, irrigation permits
Business-Related Permits - BYOB, Outdoor Music Venue, Sign, Temporary Use
Contractor and trade permits - electrical, mechanical, plumbing, irrigation contractors
Demolition and relocation permits - commercial and residential structures
Permits required for historical properties
Pools and Spas
Right of Way Permits
Special Event Permits
Certificate of Occupancy
If you do not have a Certificate of Occupancy (CO), please call the Planning and Development Review Department (PDRD) , 512-978-4000 press 2; then press 3 to request a copy.
If PDRD does not have a copy of the property’s Certificate of Occupancy, you have two options:
Apply for an Amnesty Certificate of Occupancy OR
Pay for a Third Party STR Inspection
Workers comp is not always necessary depending on the type of business and other insurance coverages
Wage & Labor starts with first employee for every business
OSHA Safety reporting standards don’t apply until you have 50 employees, but you are required to have safe environment from day 1
If you do a build-out on a building that is not ADA compliant and the cost that you incur is greater than a certain % of the value you are responsible for the entire building upgrade cost
From the Governor’s website (Texas Wide Open for Business):
Federal Requirements
AMERICANS WITH DISABILITIES ACT REQUIREMENTS
The Americans with Disabilities Act (ADA) provides protection for people with disabilities in the areas of employment, public services and transportation, public accommodation, and telecommunications.
For federal information on how the Americans with Disabilities Act will affect a business and for technical assistance with provisions applying to employment, contact:
U.S. Equal Employment Opportunity Commission
1801 L Street N W
Washington, D.C. 20507
800-669-4000 or 800-669-6820 (TDD)
For technical assistance on the ADA standards for accessible design and other ADA provisions applying to businesses, nonprofit agencies, and state and local government services, contact:
Office on the Americans with Disabilities Act: Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue NW
Civil Rights Division
Disability Rights Section - NYA
Washington, DC 20530
800-514-0301 or 800-514-0383 (TDD)
For specific information regarding the ADA requirements for telecommunications, contact:
Federal Communications Commission
445 12th Street SW
Washington, D.C. 20554
202-418-0600 or 202-418-7233 (TDD)
For information regarding the ADA requirements for accessible design in new construction and alterations, contact:
U.S. Architectural and Transportation Barriers Compliance Board
United States Access Board
1331 F Street NW, Suite 1000
Washington, DC 20004
800-872-2253 or 800-993-2822 (TDD)
For information regarding the ADA requirements for transportation, contact:
U.S. Department of Transportation
Federal Transit Administration
East Building, 5th Floor
1200 New Jersey Avenue, SE
Washington, DC 20590
888-446-4511 or 800-877-8339 (TDD)
EQUAL EMPLOYMENT REQUIREMENTS
Federal and state laws prohibit employment discrimination. The United States Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission, Civil Rights Division (TWCCRD) are charged with enforcing fair employment laws which prohibit discrimination on the basis of race, color, sex, religion, disability, age, or national origin. Current statutes cover all employment transactions. All employers with 15 or more employees engaged in an industry affecting commerce, employment agencies, and labor unions are prohibited from denying equal employment opportunities. Regardless of the number of individuals employed, a county, municipality, and any state agency or instrumentality including public institutes of education, are also prohibited from denying equal employment opportunities. The TWCCRD will provide technical assistance and training to employers to facilitate compliance with laws prohibiting employment discrimination. The TWCCRD has jurisdiction for investigating equal employment opportunity complaints in Texas. The EEOC promotes voluntary programs that allow employers and organizations to implement equal employment opportunity programs within their businesses. For information regarding federal equal employment requirements, contact:
U.S. Equal Employment Opportunity Commission
Dallas District Office
207 South Houston St., 3rd Floor
Dallas, Texas 75202
800-669-4000 or 800-669-6820 (TDD)
El Paso District Office
300 E. Main Dr., Ste. 500
El Paso, Texas 79901
800-669-4000 or 800-669-6820 (TDD)
Houston District Office
Total Plaza
1201 Lousiana St., 6th Floor
Houston, Texas 77002
800-669-4000 or 800-669-6820 (TDD)
San Antonio District Office
Legacy Oaks, Bldg. A
5410 Fredericksburg Rd., Ste. 200
San Antonio, Texas 78229
800-669-4000 or 800-669-6820 (TDD)
SAFETY REQUIREMENTS
The Occupational Safety and Health Consultation (OSHCON) program is administered by the Texas Department of Insurance, Division of Workers’ Compensation. The program conducts free on-site safety and health consultations to help small, private sector employers understand and comply with Occupational Safety and Health Administration (OSHA) regulations. The program is geared toward employers in high hazard industries with 250 or fewer employees per worksite and less than 500 employees nationwide.
Free services include identification and evaluation of safety and health hazards; industrial hygiene services, such as noise level monitoring and air sampling; hazard correction assistance; hands-on training; technical updates on OSHA standards; safety and health management program assistance; and safety training audiovisual loans and publications.
For more information regarding state and federal occupational safety and health requirements, contact:
OSHCON
Texas Department of Insurance
Division of Workers' Compensation
7551 Metro Center Dr., Ste. 100, MS 22
Austin, Texas 78744
800-687-7080
For information regarding federal occupational safety requirements, contact:
Occupational Safety and Health Administration (OSHA)
U.S. Department of Labor, Regional Office
525 Griffin St., Room 602
Dallas, Texas 75202
972-850-4145
WAGE AND LABOR REQUIREMENTS
For information on federal minimum wage laws, overtime, and other questions regarding wages and hours, contact:
U.S. Department of Labor
Regional Wage and Hour Offices
Corpus Christi: 361-888-3152
Dallas: 817-861-2150
Houston: 713-339-5500
San Antonio: 210-308-4515
McAllen: 956-682-4631
For general information regarding federal labor laws, contact:
U.S. Department of Labor
Regional Office
525 Griffin St., Ste. 800
Dallas, Texas 75202
214-767-6895
State Requirements
AMERICANS WITH DISABILITIES ACT REQUIREMENTS
For information and technical assistance on the Americans with Disabilities Act, state disability policy information, disability statistics, and local disability resources, contact:
Texas Governor's Committee on People With Disabilities
P.O. Box 12428
Austin, Texas 78711
512-463-5739 or 512-463-5746 (TDD)
The Texas Department of Licensing and Regulation reviews construction documents for the construction or substantial renovation, modification, or alteration of buildings or facilities defined as public or commercial accommodations for architectural barriers. This review is mandated through the Americans with Disabilities Act. For additional information on architectural barriers, contact:
Texas Department of Licensing and Regulation
E.O. Thompson State Office Building
P.O. Box 12157
Austin, Texas 78711
512-463-6599 or 800-803-9202
DRUG-FREE WORKPLACE
Advice is available to Texas employers with 15 or more employees who maintain workers' compensation coverage. Employers must comply with certain drug-free workplace requirements, and are also subject to federal regulations. These federal regulations include the Drug-Free Workplace Act of 1988 and U.S. Department of Transportation regulations requiring drug and alcohol testing. For information, contact:
Texas Drug-Free Workplace Initiative
2525 Wallingwood, Bldg. 5
Austin, Texas 78746
512-328-1144 or 800-343-3822
EQUAL EMPLOYMENT REQUIREMENTS
See listing under Federal Requirements for general explanation. For information regarding state equal employment requirements, contact:
Texas Workforce Commission, Civil Rights Division
101 East 15th St., Room 144-T
Austin, Texas 78778
512-463-2642
NEW HIRE PROGRAM
New Hire Reporting may be accomplished online. It is mandated by federal law under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and requires employers to report new hires and rehires within 20 days.
For more information about the State of Texas New Hire Program, how and when to report, visit Office of the Attorney General's New Hire website or contact the Texas Employer New Hire Reporting Operations Center at:
Phone: 1-888-TEX-HIRE (1-888-839-4473)
Fax: 1-800-732-5015
E-mail:employer.newhire@cs.oag.state.tx.us
Mail: Texas Employer New Hire Reporting
Operations Center
Post Office Box 149224
Austin, Texas 78714-9924
PLANT CLOSURES
The Worker Adjustment and Retraining Notification Act (WARN), Public Law 100-379 (29 U.S.C. 2101 et seq.), requires certain employers to provide notice 60 days in advance of covered plant closings and covered mass layoffs. Notice must be made to either the affected workers or their representatives (e.g., a labor union), to the Dislocated Workers Unit at TWC, and to the appropriate unit of local government. For more information or a copy of the Act, contact:
Services for Dislocated Workers
Texas Workforce Commission
101 East 15th St., Suite 212T
Austin, Texas 78778-0001
512-463-2245
SAFETY REQUIREMENTS
The Occupational Safety and Health Consultation (OSHCON) program is administered by the Texas Department of Insurance, Division of Workers’ Compensation. The program conducts free on-site safety and health consultations to help small, private sector employers understand and comply with Occupational Safety and Health Administration (OSHA) regulations. The program is geared toward employers in high hazard industries with 250 or fewer employees per worksite and less than 500 employees nationwide.
Free services include identification and evaluation of safety and health hazards; industrial hygiene services, such as noise level monitoring and air sampling; hazard correction assistance; hands-on training; technical updates on OSHA standards; safety and health management program assistance; and safety training audiovisual loans and publications.
For more information regarding state and federal occupational safety and health requirements, contact:
OSHCON
Texas Department of Insurance
Division of Workers' Compensation
7551 Metro Center Dr., Ste. 100, MS 22
Austin, Texas 78744
800-687-7080
WAGE AND LABOR REQUIREMENTS
The Texas Workforce Commission is charged with investigating and notifying appropriate county and/or district attorneys regarding all labor law violations. The Labor Law Department is charged with the enforcement of state and federal labor laws as well as the prosecution of offenders of these laws. State statutes include the Pay Day and Child Labor laws. For additional information, contact:
Labor Law Department
Texas Workforce Commission
101 East 15th St.
Austin, Texas 78778
512-837-9559 or 800-832-9243
The Texas Workforce Commission provides a general employer information package for employers. To obtain this package, contact:
Employer's Representative
Texas Workforce Commission
101 East 15th St.
Austin, Texas 78778
512-463-2826 or 800-832-9394
For information relating to labor questions, please contact:
Labor's Representative
Texas Workforce Commission
101 East 15th St.
Austin, Texas 78778
512-463-2829 or 800-832-2829
Standards for apprenticeship training programs in Texas follow guidelines set forth by the U.S. Department of Labor, Bureau of Apprenticeship and Training. Specific details on these programs may be obtained by contacting:
Bureau of Apprenticeship and Training
U.S. Department of Labor
525 Griffin St., Ste. 628
Dallas, Texas 75202
214-767-9263
WORKERS' COMPENSATION INSURANCE
In Texas, private employers can choose whether or not to carry workers’ compensation insurance coverage. Texas employers who carry and who do not carry workers’ compensation insurance coverage are required to comply with certain reporting and notification requirements under the Texas Workers’ Compensation Act. Refer to the Texas Workers’ Compensation Employer Requirements/Resources webpage for more information.
Texas Department of Insurance
Division of Workers’ Compensation
7551 Metro Center Dr., Ste. 100
Austin, Texas 78744
512-804-4000
For information on purchasing workers' compensation insurance, contact:
Texas Department of Insurance
333 Guadalupe
Austin, Texas 78701
512-322-3493
LABOR POSTER REQUIREMENTS
Certain federal and state labor posters are required to be posted at a place of business. The Texas Workforce Commission maintains current, comprehensive information about workplace poster requirements.
Are you willing to work long hours and do whatever it takes to get the job done?
Do you have experience in the industry?
Are you a leader and self-starter?
Do you have the support of your family?
Do you have a secondary source of income?
A secondary source of income, support of your family…
Many small businesses aren’t bankable in the beginning (various loan sizes available)
Not options in the beginning because of: amount, risk (credit score), maturity of the business
Banks will do startups if your equity position is sufficient
Introduce SCORE speaker
Market differentiation
How do you distinguish yourself?
How do you answer these questions?
Business plan is the banker’s tool to assess your risk
The BMC is your tool to assess your risk
Watch this short video…
(link is embedded- hover over bottom of slide)
Look at websites of resource partners
Take advantage of free online training
Study your competition
Fill out as much of the canvas as you can
Have questions ready so you make the most of your time with your mentor