Home | Contact | Advertising
Small Business, Information, Resources, Articles - SmartBiz.com
Members Login:
Sign Up Forgot?
SALES & MARKETING
Marketing Online
Email Marketing
Search Marketing
Selling
PR
ONLINE BUSINESS
E-Commerce
Website Creation
Productivity
Accounting
CRM
Web-based Software/SaaS
BUSINESS STRATEGIES
Case Studies
Smart Answers
Videos
Podcasts
Smart Blog
Human Resources
Management
BITS & BYTES
PCs & Online Equipment
Mobile Computing
Security/Business Continuity
Telecom/Office Networks
Small Business Products
FORUMS & RESOURCES
Free White Papers
Tools and Calculators
SmartBiz Forum
Legal & Business Forms
News Feeds
Featured Webcasts & Videos
Franchise Offers


 
SMALL BUSINESS AND STARTUPS INTERNET TECHNOLOGY RESOURCES
Search SmartBiz:
Forms and
Downloads
Free
White Papers
Special
Offers
SmartBiz
Blog
Free Email
Newsletters
Management
Naming Names: Things to Consider Before Incorporating
Email ArticleEmail Article
Print ArticlePrint Article
Increase Text SizeIncrease Text Size
Decrease Text SizeDecrease Text Size
Del.icio.us
Digg This
Bookmark and Share

By Perry Binder

One mistake made by small business owners is to rush into picking a business name, without considering the tradename implications of doing so, prior to incorporation. While the following is not intended as legal advice, it hopefully will prompt you to visit an attorney who specializes in intellectual property, before selecting a name for your business.

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.


Perry Binder is a legal studies professor at Georgia State University’s Robinson College of Business.
Add a Comment View Comments
Small Business Home

SmartBiz Shop
Promotional Items with Your logo
 
     
 
Smart Services
Spacer
Spacer
Spacer
Spacer
Add Your Logo Now
Spacer
Get Your Business Online
Build a Website Host Your Website Market Your Business Online
Business Form Downloads
Legal Forms Business Forms
Smart Forums
Recent Postings
Stimulus or "Pork"ulus?
Blog: How Do You Know What Insurance Is Right for Your Business?
If Layoffs Are Necessary, Protect Your Business
Blog - Do You Have Email and Internet Usage Policies in Place?
MORE
Home | Contact | Advertising
© 2017-2019 SmartBiz. All rights reserved. Privacy Statement and Terms of Service
Small Business Home | Business Tools | Online Business | Bits & Bytes | Sales & Marketing | Business Strategies | Forums & Resources
Email Marketing & HTML Email Driven By: Hosted By:   Design By:
Email Marketing
 
XML LogoRSS Logo
Receive our stories via SmartBiz XML/RSS feeds.
Include our stories on your website through SmartBiz javascript content feeds.