Posted by Michelle Grenier on Tue, Aug 10, 2010 @ 10:54 AM
Trademark law can be somewhat complicated. It is important that you do it right from the start, to avoid serious consequences later.
1. When selecting the term to use as a trademark and apply for trademark registration consider the following:
(a) The mark set forth on the USPTO Trademark Registration Application must be the mark exactly as you will use it in commerce.
(b) Eventually, you will need to submit a specimen (e.g., brochure, etc.) to the USPTO that will evince your use of the mark in commerce, in association with the goods and/or services set forth in the application. That specimen will need to reflect the mark exactly as set forth on the application (without any other terms immediately abutting the mark).
Thus, if you will use the mark "ABC XYZ Services Boston" and the specimen will reflect "ABC XYZ Services Boston", then the application should be for "ABC XYZ Services Boston" (i.e., a specimen reflecting "ABC XYZ Services Boston" will be unacceptable for an application for "ABC XYZ Services").
Note, for the services application, you may need to disclaim exclusive rights to "Boston" and "Services" because the former describes a geographical location and the latter is "merely descriptive."
2. With regard to the particular name you have selected, e.g., "ABC XYZ Services Boston," consider also the following:
(a) the applicable licensing division that regulates your business, if applicable, may not allow you to use the terms "ABC XYZ" in the name of your business and/or the name of services; and
(b) the USPTO may deem the terms "ABC XYZ " to be merely descriptive.
Trademark law is not as straight-forward as most business people think. If you don't get it right the first time, your application may be refused and that may result in someone else filing an application for the same mark, which may result in you being prohibited from using the mark in your industry. Obtain advice from an experienced trademark attorney as soon as possible, and secure trademark rights for your mark.
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Boston trademark lawyer, Maine trademark lawyer
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Posted by Michelle Grenier on Tue, Aug 03, 2010 @ 03:07 PM
The most common question I hear from new clients is, "what do I need to do to start my business?" Here is a summary of the most common tasks for new businesses:
1. Joint Venture Agreement: Enter a joint venture agreement for all founders, that describes the duties, responsibilities and expectations of each party.
2. Establish a Separate Entity. Establish a corporation or limited liability company [LLC], to protect the personal assets of each owner of the business.
3. Open a separate bank account for the corporation or LLC and refrain from co-mingling personal funds with business funds.
4. Find out what licenses you will need for your project.
5. Make sure that your commercial lease protects your interests, not just the landlord's interests.
6. Find out if your preferred is available for use and registration and then register your trademarks with the USPTO.
7. Make sure that your website is in compliance with proper terms of use, privacy policy, copyright notices, etc.
8. Require all those privy to trade secrets, execute a comprehensive nondisclosure and confidentiality agreement.
9. Require employees and independent contractors to enter into comprehensive agreements.
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Posted by Michelle Grenier on Thu, Jul 22, 2010 @ 02:55 PM
Are you using your term as a trade name or trademark? The USPTO may find that the term for which you would like to obtain trademark registration, is used as a trade name and not a trademark. The Trademark Act does not provide for registration of trade names. For example, the name of a business or company is a trade name and the Trademark Act and the USPTO distinguishes trademarks from trade names. A trademark is used to identify and distinguish the trademark owner’s products/goods from those sold or manufactured by others and to indicate the source of the products/goods. As defined by the Trademark Act, the terms “trade name” and “commercial name” mean any name used by a person to identify its/her/his business or vocation.
Note, that use of the term in a stylized manner may help your argument that the term is used as a trademark (in addition to being used as a trade name).
In addition, you will need to submit a Specimen evincing use of the mark in commerce, in association with the goods applied for. With the specimen you will also be required to submit and certify the date of your first use in commerce of the mark and the Specimen.
Should you wish to discuss your business endeavor and corresponding legal issues with an experienced Business Lawyer, click here to schedule a free telephone consultation or contact Michelle L. Grenier, Esq. directly at 617-728-9800 or michelle@contactmylawyer.com
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If you are interested in posting this article on your site, please contact me to discuss at michelle@contactmylawyer.com . No portion of this article may be copied, retransmitted, reposted, duplicated or otherwise used without the express written approval of the author.