filing a trademark | She Owns It

Is There a Right Time to Register a Trademark? by @DeborahSweeney

April 3, 2017 by Deborah Sweeney Leave a Comment

by Deborah Sweeney | Featured Contributor

Most entrepreneurs know that one of the smartest moves they can make to protect the assets of their small business is to file for a trademark. After all, this mark keeps your intellectual property — including unique logos, designs, and phrases — from being compromised by competitors and ensures that you alone have the exclusive rights to use it.

However, some entrepreneurs may find themselves wondering if there is a “right time” to register a trademark. What if you’re on a time crunch and need to use the mark now? If you know you’ll use the mark sometime in the future for your products or services, should you file now or wait? If you’re still trying to figure out a timeline for your trademark, here are some of the most popular filing options available to small business owners.

If you haven’t used the mark yet, but want to ASAP

As soon as entrepreneurs incorporate their business, they begin looking at everything else they need to protect their brand while further establishing it as unique in its field. However, the downside to moving forward without a trademark is that the unregistered mark is quite vulnerable. During this time, entrepreneurs can opt for early filing to protect and defend their trademark and vice versa — filing early to make sure that your mark isn’t accidentally infringing on another registration.

If you haven’t used the mark yet, but want to later in the future

Let’s say you own a stationery shop, but aren’t ready to open up your doors to the public and sell your products. You know you will be ready soon, but not right now. In this case, the USPTO advises filing an “intent-to-use” trademark application. This filed document allows the registration to be issued once you start selling your products or services.

Aside from intent-to-use, entrepreneurs may also file their trademark based on bona fide intent. Let’s go back to that stationery shop for a minute and revisit your products. Currently, you just have samples and not a full inventory of goods established. Bona fide intent means that the mark, while not quite market ready, is more than an idea. In order to use the mark, your samples would be classified under that category.

If you have already started using the mark

Already started using your mark on your offerings? Don’t worry — you can still protect it! The USPTO recommends filing under “use-in-commerce” basis if the mark used is in connection with your goods and services listed in your application. Your filing will also include an example that shows how you use the mark in commerce. For example, at the stationery shop that trademark would be visible on your store displays, product packaging, and any tags and labels associated with the store.

What happens after you’ve filed? A federally registered trademark can last forever, so long as it remains in use and you file the appropriate maintenance documents to keep the mark in compliance. The consequences your company faces if these documents aren’t filed are severe — with your registration cancelled completely. Be sure to file these forms by their deadlines to further protect and uphold your brand well into the future!

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

As CEO of MyCorporation Business Services, Inc. (MyCorporation.com), Deborah Sweeney is an advocate for protecting personal and business assets for business owners and entrepreneurs. With her experience in the fields of corporate and intellectual property law, Deborah has evolved from lawyer to business owner. She has extensive experience in the start-up and entrepreneurial industry as she has been involved in the formation of hundreds of thousands of businesses for MyCorporation.com’s customers.

Ms. Sweeney received her JD & MBA degrees from Pepperdine University. She is active in the community and loves working with students and aspiring entrepreneurs. She serves on the Board of Regents at California Lutheran University and is a founding member of Partners of Pepperdine. Deborah has served as an adjunct professor at the University of West Los Angeles and San Fernando School of Law in the areas of corporate and intellectual property law. Ms. Sweeney is also well-recognized for her written work online as a contributing writer with top business and entrepreneurial blogging sites. She is a regular contributor on Forbes, American Express, Social Media Today, and BlogHer among many others.

In her ‘free’ time, Deborah enjoys spending time with her husband and two sons, Benjamin (8) and Christopher (6). Deborah believes in the importance of family and credits the entrepreneurial business model for giving her the flexibility to enjoy both a career and motherhood. Follow her on Twitter @deborahsweeney and @mycorporation.

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Deborah Sweeney

Deborah Sweeney is the CEO of MyCorporation.com which provides online legal filing services for entrepreneurs and businesses, startup bundles that include corporation and LLC formation, registered agent services, DBAs, and trademark and copyright filing services. You can find MyCorporation on Twitter at @MyCorporation.

www.mycorporation.com

Why You Should Be Protecting your Logo with a Trademark Today by @deborahsweeney

April 2, 2015 by Deborah Sweeney 1 Comment

by Deborah Sweeney

They say a picture is worth a thousand words. A logo, then, can tell your customers more about your business than your name, or even the “About Us” section on your website, could ever tell them. Think about your favorite brands: Nike’s swoosh, Target’s bull’s-eye, and Wendy’s freckled cheeks. When we think about these businesses, the first images our brains conjure up are the logos that come with the brands. With so much riding on your company’s logo, it’s important to keep it protected- ensuring that no other company can claim it as their own.

But first things first, what exactly is a trademark? A trademark is used to protect your business’s logo, designs, symbols, phrases, or name so that competitors can’t use the same or extremely similar marks that you do. A trademark is your property. By registering a trademark, you have exclusive rights to use it, and no one else can infringe upon that right. With proper use and enforcement, trademarks will enforce the individuality of your business for an unlimited amount of time.

So why do you need one?

Don’t confuse your customers.

As mentioned above, a trademark makes your logo your legal property keeping other people from using it. Imagine creating a great logo for your business. You’ve been in business for about a year, and the community is really starting to get to know and love your business, largely thanks to the use of your logo. Then a new small business pops up in the same industry, who happened to create a very similar logo. If your logo is not protected, not only will your customers be confused, but if that company were to ever receive any bad press, it could easily be mistaken for yours. Avoid all of this from the beginning, and trademark your logo! Just remember that there’s some leeway when registering trademarks in different states. So Amy’s Bakery in California and Amy’s Bakery in Idaho can both be registered as “Amy’s Bakery” as long as the two have different fonts, color, or use different images. Though, one mark cannot tarnish another or bring about any sort of confusion.

Establishing your brand is important.

Look at the magnitude of the Nike brand. When you think Nike, you think of healthy, active, hard-working, driven people working to better themselves through activity. This concept of activity and hard work correlates strongly with the brand’s logo: the swoosh. Even the logo looks active; like it’s in motion.

When you decide on the logo for your small business, you are dictating the emotion and vibe that will be associated with your business throughout its entire life. The first step to creating a killer brand is a killer logo.

It’s not a difficult process.

The process can be a long one, but is not overly complex. You have to apply to the USPTO (the United States Patent and Trademark Office) and wait about a month for the office to examine your mark and identify any problems with the registration. After the initial month and examination, what you’ve submit enters a 30 day waiting period where upon other people are allowed to challenge your right to register. After this waiting period, the trademark is yours. So besides the application process, it mostly amounts to a whole lot of waiting. Or, if you want to simplify the process even more, lots of small business owners choose to file their trademark through a filing service. These services will prepare the paperwork for you, verify that the mark is unique and not already registered, and carry out all necessary transactions with the USPTO on your behalf.

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

Deborah Sweeney

www.mycorporation.com

How to Give Your Start-Up a Head Start in 2014 by @DeborahSweeney

December 9, 2013 by Deborah Sweeney Leave a Comment

by Deborah Sweeney, CEO of MyCorporation.com | Featured Contributor

Most people tend to feel a bit lethargic around December. The year is drawing to a close, and holiday plans take us away from the worries of business. The owners of start-ups often approach the end of the year as the end of the first chapter of their business – they’ve had a few months to iron out the kinks and, starting January, can throw themselves into the company and turn it into the business they’ve always dreamed of running. Unfortunately, if you don’t use December to get ready for January, you’ll wind up spending months trying to play catch-up. Rather than let December float by, use this checklist to give your business a head start on January 1st.

Incorporate or Form an LLC

Turning your business into its own separate, legal entity is almost always my top tip for start-ups. Forming an LLC or incorporating may have seemed like a waste of time and money back when you were first starting out and weren’t sure if you’d still be in business in a week, but now that your business is really starting to get going, you need to separate your business’s debts from your personal assets. It takes a lot of money to get a company started, and you’ll probably be looking to grow even more in the New Year. Creating a limited liability company or a corporation puts your business in the perfect position to receive loans, without the new debt threatening your own personal assets.

Remember Your Renewals

The state should send notice when legalities like a DBA name or a business license are coming up for renewal, but you shouldn’t depend on the state to remember every little thing when it comes to your business either. Whenever you file for anything that can come up for renewal, you should write down the date you have to renew by. So, if you haven’t already, look up those renewal dates, set aside the fees you need to pay, and don’t let your company fall into non-compliance because of your forgetfulness.

Draw up Employee Agreements

If 2013 went well, you’ll probably be looking to hire in 2014. Remember that you need an EIN before you hire any employees, and you’ll be responsible for any state and federally mandated tax withholdings. You should also look into drawing up an employee agreement or contract so that anyone you hire is aware of their responsibilities, any benefits that are offered, and the grounds for termination. An official employee-employer agreement may seem like a lot of work to create, but it does wonders for protecting your relationship with your employees, and ensures everyone is on the same page.

File for Intellectual Property Protection

Do you have a logo? A jingle? A company mascot? Have you built up any sort of branding? If you have, you need to file for intellectual property protection. You automatically have rights to any intellectual property you’ve used to market your business, but it can be difficult to enforce these rights without registering with the United States Patent and Trademark Office, or the US Copyright Office. Filing a trademark or a copyright can take quite a bit of time, so it is important to get started now, or to contact an attorney or other professional to help.

Prepare for Investor Meetings

Angel and venture capital investing is seasonal, and most firms see January as one of the key months for finding new investments. If you are honestly looking to bring on an angel or VC firm, you need to prepare your business before January starts. That means incorporating so you can offer a share of the company for any investments, and getting your pitch ready. How well did you do in 2013? How do you know 2014 will be any better? The idea behind your business will be important, but you need to show solid numbers before anyone invests in your company.

The New Year offers new beginnings, and if you are looking to really grow your start-up, 2014 is a good year to do that. However, that means you need to get your business ready before the clock strikes midnight on December 31st. The month of December should be a month where you take the proper steps to choose a business entity, stay on top of renewals, create an employee agreement, protect your intellectual property, and, if necessary, prepare for January investor meetings. Make it a proactive month, and you’ll be able to hit the ground running come January.

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Deborah Sweeney – Legal Expert, CEO, MyCorporation.com – Calabasas, CA

Deborah Sweeney