Some questions to pose for an attorney before you pick a name and
incorporate:
- Did you pick an unusual (instead of generic) name for the business?
- Do you *own* the artwork for your logo? (Consider a Work for Hire
agreement)
- What resources do you have to search the business name for a trademark conflict?
- Federal tm search
- State database search
- Should you hire a "tm" search firm?
- Is it a trademark or service mark?
- Are you using the name/mark/slogan in commerce yet?
- Only $15 to register in Georgia - but you must already be conducting business to file.
- Federal trademark is $375 - you can file an *Intent to Use* form (meaning you can apply as long as you conduct business within 6 months of filing).
- Do you know how many trademark *categories* you need? Or what your categories are?
- Is a viable domain name available? Conduct several searches.
- Should you register more than one domain name?
- Is the corporate name the same as/different from the business name?
Eg. XYZ, LLC (filed in Georgia's Secretary of State*s Office) d/b/a Johnny*s Shoes (*trade name* or *fictitious name* in Georgia must be filed in county court in which you do business).
- Do you need a business license to conduct business in your county?
- Which Business Entity should I select? - speak with your attorney AND accountant.
If you have already started your business but are unsure if you've got the legal protection needed, now is the time to call your attorney, not down the road when embroiled in a trademark infringement action. For more information, visit the U.S. Patent & Trademark office
Perry Binder is an Assistant Professor of Legal studies at The Robinson College of Business of Georgia State University.
Perry Binder is an Assistant Professor of Legal studies at The Robinson College of Business of Georgia State University.
