Trademarks

One of the hardest things to do in a business is to say that you were the first to do something. Even when it comes to your name, who's to say you REALLY came up with it? This is where trademarking is very important. Trademarking can literally be the difference in having a million dollar product, and just saying you created something while others make millions. There are 2 ways to register a trade name or trademark, the first being a state registration and the second being a national (or Federal Trademark). You might be asking, What's the difference? and do I need both? Well the difference is, if you plan on doing business just in-between state lines then all you would need is a state trade name registration. This gives you all of the rights and protection of the federal trademark, but only covers business carried out within the state in which you are registered. For example a music business selling woodwind instruments, that is doing business exclusively in California, could have a registered trade name of Reeds & Co. While at the same time a retailer with the family name of Reed can have a Jewelry company in Louisiana named Reeds & Co. Both names can be legally trademarked and used simultaneously with little regard to the use of the exact same name which were trademarked in each's individual state. In Louisiana you would register your trademark here. But what if you plan on doing business outside of your state? Or what if someone in your state is trying to use the same name as you. If this is the case you would need to register your brand or business name as a federal trademark. The first thing you want to do is go to the U.S. Patent and trademark Office and search for available trade names. After you've found a suitable trademark then fill out the trade mark registration form and just wait for your approval. If you don't receive an approval then you are sure to get a letter detailing which steps you may have missed or what you may need to improve on. Once you've received your trademark registration then you are in shape to represent yourself as a "real business" and use your trademark legally anywhere you choose to. You make have to show proof that the name or idea was originally yours and then you can enjoy the spoils of your reward. Not to mention the fact that once you own the legal rights to a name or idea then you can demand any other to cease and desist, which is to stop using your property without proper licensing. Feel free to visit any links on this page or direct any questions to Majestic Marketer.

This video is very informative about the trademarking process and even covers a little of the information that will be addressed in the future blog  "Becoming an Entity"

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