legal Setting up LLC, trademark, & other documentation.

Bandidas

Bandidas

Hi all ❤️‍🔥

I believe I have a solid product and am ready to go legitimate in late spring/early summer 2025. Before I get started though, I have a few questions about setting up my LLC, licenses/permits, and protecting my brand.

Keep in mind, I am moving to Hyattsville, MD in less than two weeks and plan on setting up shop out there once I’m settled and more familiar with the area.

Here are my goals:

1. Establish an LLC
2. Aquire any and all permits & licenses needed to sell at pop-up events, markets, farmers markets, online, and local grocery stores in Maryland.
3. Protect my brand through trademark
4. Get product FDA approved
5. Find a commercial kitchen to make products
6. Make hella money

Ok, question time:

1. Is there a specific order I need to get my permits, licenses, LLC set up? I feel like the first few times I looked into getting an LLC or business license, I end up at a point in the application process that says I need something else established first before moving forward.

2. Is there any service that anybody recommends for getting an LLC or am I better off doing it on my own?

3. I’m confused on whether I can make my product in a commercial kitchen or if I absolutely need to have a co-packer. I want my product to be made in small batches (70-100 bottles per flavor and there’s 5 flavors) and I’ve seen some people claim that they don’t need a co-packer because they also make small batches.

4. When should I get my product tested and FDA approved? Before setting up licenses and stuff or after? Do I need to make the batch that I send to them in a commercial kitchen?

5. Can I get like a definitive checklist of what permits and licenses to get in order? I saw the other post in this category and it was super helpful. However, I just want to know what I need for my particular situation.

6. When should I find a commercial kitchen? Before or after permits and licensing?

7. Any advice on how to get a trademark for my brand?

Sorry I have so many questions. I’m doing as much as I can to figure it out on my own but these are the things I’ve had the hardest time figuring out by myself.

Thank you all for being so neat and supportive!
 
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Bandidas said:
Hi all ❤️‍🔥

I believe I have a solid product and am ready to go legitimate in late spring/early summer 2025. Before I get started though, I have a few questions about setting up my LLC, licenses/permits, and protecting my brand.

Keep in mind, I am moving to Hyattsville, MD in less than two weeks and plan on setting up shop out there once I’m settled and more familiar with the area.

Here are my goals:

1. Establish an LLC
2. Aquire any and all permits & licenses needed to sell at pop-up events, markets, farmers markets, online, and local grocery stores in Maryland.
3. Protect my brand through trademark
4. Get product FDA approved
5. Find a commercial kitchen to make products
6. Make hella money

Ok, question time:

1. Is there a specific order I need to get my permits, licenses, LLC set up? I feel like the first few times I looked into getting an LLC or business license, I end up at a point in the application process that says I need something else established first before moving forward.
----food licensing and business licensing will probably be happening at the same time. 2 separate issues.----

2. Is there any service that anybody recommends for getting an LLC or am I better off doing it on my own?
----SCORE and a local small business development service can help with consulting. LLC is a state level license, easy to do. Not like an Inc. Should not need to utilize a service.----

3. I’m confused on whether I can make my product in a commercial kitchen or if I absolutely need to have a co-packer. I want my product to be made in small batches (70-100 bottles per flavor and there’s 5 flavors) and I’ve seen some people claim that they don’t need a co-packer because they also make small batches.

---you absolutely do Not have to use a copacker. The Start up thread has lots of other options listed.---

4. When should I get my product tested and FDA approved? Before setting up licenses and stuff or after? Do I need to make the batch that I send to them in a commercial kitchen?

-----Start with your state dept of ag, which will likely be your licensing authority. If they say get fda licensed, then go for that. You can get state licensed to start, then go fda. Your state inspector should be able to help with that.----

5. Can I get like a definitive checklist of what permits and licenses to get in order? I saw the other post in this category and it was super helpful. However, I just want to know what I need for my particular situation.

---every biz is different, your state can help---

6. When should I find a commercial kitchen? Before or after permits and licensing?

---BEFORE--- your inspectors will need to do onsite inspections and watch you actually make hot sauce in the facility you will be using. If you change facilities, you will have to get relicensed.----

7. Any advice on how to get a trademark for my brand?

Sorry I have so many questions. I’m doing as much as I can to figure it out on my own but these are the things I’ve had the hardest time figuring out by myself.

Thank you all for being so neat and supportive! Feel free to check out my Instagram to get a better idea of what my brand is all about @bandidas.hotsauce
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Good luck and have fun!

Edit- responses in the quote above...
 
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Good answers from @salsalady as usual!

1. Is there a specific order I need to get my permits, licenses, LLC set up? I feel like the first few times I looked into getting an LLC or business license, I end up at a point in the application process that says I need something else established first before moving forward.
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"I need something else established first before moving forward." - Like what?
For an LLC, you might need a TIN (Taxpayer Identification Number) - that's super-easy to get, just fill out the application on the IRS website and they'll issue it instantly. Most states have simple generic LLC forms you can fill out and file with the Secretary of State. You just fill that out and submit it with the appropriate fee payment. Business licensing will be through your city.

2. Is there any service that anybody recommends for getting an LLC or am I better off doing it on my own?
Click to expand...
You should be able to do it on your own. But if you want help with any of the business-specific stuff, look into SCORE as mentioned, and get ahold of your local Chamber of Commerce.

4. When should I get my product tested and FDA approved? Before setting up licenses and stuff or after? Do I need to make the batch that I send to them in a commercial kitchen?
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Hopefully it's better in Sacramento, but around Raleigh commercial kitchens are HARD to find. I ended up building my own facility. Best to start looking around ASAP. Licensing for it has already been mentioned.

5. Can I get like a definitive checklist of what permits and licenses to get in order? I saw the other post in this category and it was super helpful. However, I just want to know what I need for my particular situation.
Click to expand...
Again, local Chamber of Commerce.

7. Any advice on how to get a trademark for my brand?
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USPTO is a good place to start: https://www.uspto.gov/trademarks - NOLO Press also has some good books on stuff like this.

That said, it's never a bad idea to consult an attorney on stuff like this.
 
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