![]() In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. ![]() Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you start spending any money in support of it or submit an application to the USPTO. So you owe it to your business and yourself to make sure you handle this properly upfront and the first order of business always starts with a proper and comprehensive clearance. Your trademark will be one of if not the most important and valuable business assets you will have and you will ultimately spend more money in support if it than you will anywhere else (advertising, marketing, PR, branding, packaging, etc.). But this does not mean I am free to hold myself out as Boogle which would clearly be infringing on the Google trademark. For example, I can probably register the name of my new tech start up "Boogle" in FL because presumably there is no other business already registered by that name there. You are responsible for ensuring that the name you choose does not infringe on any one's trademark because it is confusingly similar and that person can be located anywhere and claim infringement if they happen to be operating in your market area before you were. That said, merely filing with the state or county conveys NO rights to use that name as a trademark in commerce. But if you intend to operate with no mention of the LLC designation on proper materials then I would make your fictitious business name filing. ![]() Something like this should be fine and not require a proper DBA filing. but perhaps in the footer it clearly notes that you are ABC, LLC. so for example, you might represent ABC, LLC on you website as "Welcome to ABC" etc. This depends on whether the promotional materials will be entirely devoid of any mention of the limited liability of your entity. ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |