GameDev.net already published a feature that covers the general bullet points for starting your own business. You can check the "Resources" section, or you can head over to Under Development and read the Business Planning category.

Starting your Business Pt. 1

Starting your Business Pt. 2

Starting your Business pt. 3

Also, you'll want to know what kind of business types you can create

Picking an Acronym

Hope this helps!

Quote: Original post by Nexrus
Yeah my concern is that it's just going to be to much to pay at first. Does anyone have a clue how much it would cost jsut to get a name of a game trademarked?

Your name is automatically protected under US trademark law the moment you use the name "in commerce"-- i.e., using it in connection with a product or service. So if you're using a particular name in connection with your business, that is automatically granted certain limited legal rights.

The main advantage of registration is prima facie evidence of a valid trademark, the potential for statutory relief... but all of this requires going to court.

Registering a DBA as a sole proprietorship is one thing. But starting a business takes a LOT more than just having a name. Take the time to read the links posted above.

Here is a similar question that I have that will probably also help in answering the OP:

If I make a game, can I:
1) Sell it on my website without doing any legal/official things?
2) Sell it on my website and stamp my own "FooBar Studios" logo on the website and game, without doing any legal/official things?
3) Do step 2, and then call myself the founder of "FooBar Studios", without doing any legal/official things?

In step 3, by "call myself", I mean, can I legitimately say that on a resume?

Quote: Original post by Swarmer
Here is a similar question that I have that will probably also help in answering the OP:

If I make a game, can I:
1) Sell it on my website without doing any legal/official things?
2) Sell it on my website and stamp my own "FooBar Studios" logo on the website and game, without doing any legal/official things?
3) Do step 2, and then call myself the founder of "FooBar Studios", without doing any legal/official things?

In step 3, by "call myself", I mean, can I legitimately say that on a resume?

1) What you CAN do and what you SHOULD do are very different things. You SHOULD at the least register your copyrights to your game and ensure that you have an EULA that prohibits copying and distribution.

2) Same as #1. You can, but you SHOULD at the very least run searches on search engines to see if your website conflicts with someone else's domain or trademark. You need to worry about the exact name and any similarly sounding names that could create confusion.

3) The short answer is "no", not in most cities/counties in the U.S. Most jurisdictions require sole proprietors operating businesses (even out of their home) to pay a business operation fee. At the very least you'll need to register a DBA with your city/town/county if you want the business to be legal.

Quote: Original post by madelelaw
At the very least you'll need to register a DBA with your city/town/county if you want the business to be legal.

I assume DBA means "Doing Business As", meaning that you are self employed but trading under the FooBar Studios name instead of your own.

We have the same thing in the UK. If you want to be a sole trader you need to register as self employed with the Customs and Revenue. You can then use a "company" name instead of your real name, which is refered to as Trading As.

Quote: Original post by Obscure

Quote: Original post by madelelaw
At the very least you'll need to register a DBA with your city/town/county if you want the business to be legal.

I assume DBA means "Doing Business As", meaning that you are self employed but trading under the FooBar Studios name instead of your own.

We have the same thing in the UK. If you want to be a sole trader you need to register as self employed with the Customs and Revenue. You can then use a "company" name instead of your real name, which is refered to as Trading As.

However in the UK you can form a registered company for under £100, of which you are the director, and this can take as little as 30min to set up. I hadn't realised it was not so easy in the USA.

Quote: Original post by d000hg

Quote: Original post by Obscure

Quote: Original post by madelelaw
At the very least you'll need to register a DBA with your city/town/county if you want the business to be legal.

I assume DBA means "Doing Business As", meaning that you are self employed but trading under the FooBar Studios name instead of your own.

We have the same thing in the UK. If you want to be a sole trader you need to register as self employed with the Customs and Revenue. You can then use a "company" name instead of your real name, which is refered to as Trading As.

However in the UK you can form a registered company for under £100, of which you are the director, and this can take as little as 30min to set up. I hadn't realised it was not so easy in the USA.

It is that easy if you know where to go.

He just needs to fill out a few papers, go to the offices for his state, stand in line, and pay a fee.

His state also has a web site (which I pointed out earlier) which does all that for him. He can just type in all his information, pay the fee with a credit card (in my state it is $52), print the receipt and other information, and he's good to go. The official forms come in the mail.

Sounds like identical systems. As I just moved to WA I needed to register my sole proprietorship for some of my independent contractor projects; it took me 10 minutes on the WA department of licensing website.

I'm surprised that no one pointed out the danger of a non LLC being that if someone decides to sue, they sue YOU!

That means your house, your car, everything you own becomes fair game for someone to sue and try to take, but as an LLC they can usually only go after assets of your business in most cases.

» {...} if someone decides to sue, they sue YOU!

A proper insurance coverage will allow a business owner to overcome such issues. And a lawyer can tell you the DOs and DON'Ts of a non-LLC and how to shield your estate against a plaintif going after your assets.

-cb

[Edited by - cbenoi1 on November 16, 2008 7:46:13 PM]