My name is Nick, I am heading up the operation of creating my own clothing brand. I was refered to this site by a design teacher I just recently had. I need some advice and guidance on what the first step should be in getting my company name protected. I have been told to get my name Trade marked but also to get it established as an LLC. Does anyone know which step should be taken first? Or how to go about this in any way? I was also told to get my name established with a business licenes from my own City Hall out here in Huntington Beach California. I could really use some help or advice in anyway on the first steps that I should be taking. I'd greatly appreciate it any help that I can recieve. -Nick.
Don't worry so much about a trade mark - look to protecting your business and personal assets first. Then, work on growing a great business. Once you have something to trademark - then look to protect it.
I would also suggest that you start to formally plan your business - via a business plan. Now, unless you are seeking outside financing, you don't need a full blown business plan, but this is a great time to start thinking about your customers, your marketing and your financials - this way you can ensure that you are on the right path, providing a product that others will want to buy and if you can make money at it.
I suggest you visit a local SCORES office and talk to them about your business. They are free to use and can help you research and develop your business idea.
BizResearcher | Window Shopper |
6/7/2011 - 11:44 am
You will not be able to trademark your business name until you have used it in business for a period of time. Therefore, you need to:
1. register the entity type (which includes the name) with your state agency that registers businesses
2. secure a sales tax permit
3. obtain a business license from your city. You can't do this until you have registered your business with the state.
Once you are an established business and have clients and income, you can then pursue trademarking your name.
ngoriel | Community Moderator |
6/6/2011 - 8:38 pm
Hi Nick,
Check out our 10 Steps to Starting a Business which includes information on naming your business, requirement licenses and permits and tax matters. For information specifically on business licenses and permits, click http://www.sba.gov/content/search-business-licenses-and-permits .
Also check out our Should My Company be an LLC, an S-Corp or Both? blog article.
Since you are just starting out, it is also a good idea to connect with SBA resource partners: SCORE, Small Business Development Centers and Women's Business Centers who provide free small business counseling and training. You can find your nearest SBA resource partner through SBA Direct at http://www.sba.gov/sba-direct . Just enter your zip code.
Hi Nick,Check out our 10 Steps to Starting a Business which includes information on naming your business, requirement licenses and permits and tax matters. For information specifically on business licenses and permits, click http://www.sba.gov/content/search-business-licenses-and-permits .Also check out our Should My Company be an LLC, an S-Corp or Both? blog article.Since you are just starting out, it is also a good idea to connect with SBA resource partners: SCORE, Small Business Development Centers and Women's Business Centers who provide free small business counseling and training. You can find your nearest SBA resource partner through SBA Direct at http://www.sba.gov/sba-direct . Just enter your zip code.
To be frank, if I am you, my first thing would be just to grow the company first !. Before looking into trademark and such, as for those you need some $$ to get a lawyer.
iphone romania | Window Shopper |
6/14/2011 - 2:40 am
Show Replied Text…
Hi Nick,Check out our 10 Steps to Starting a Business which includes information on naming your business, requirement licenses and permits and tax matters. For information specifically on business licenses and permits, click http://www.sba.gov/content/search-business-licenses-and-permits .Also check out our Should My Company be an LLC, an S-Corp or Both? blog article.Since you are just starting out, it is also a good idea to connect with SBA resource partners: SCORE, Small Business Development Centers and Women's Business Centers who provide free small business counseling and training. You can find your nearest SBA resource partner through SBA Direct at http://www.sba.gov/sba-direct . Just enter your zip code.
sound verry intersting, thanks for advice
http://www.iphoneromania.com
Hi Nick,Check out our 10 Steps to Starting a Business which includes information on naming your business, requirement licenses and permits and tax matters. For information specifically on business licenses and permits, click http://www.sba.gov/content/search-business-licenses-and-permits .Also check out our Should My Company be an LLC, an S-Corp or Both? blog article.Since you are just starting out, it is also a good idea to connect with SBA resource partners: SCORE, Small Business Development Centers and Women's Business Centers who provide free small business counseling and training. You can find your nearest SBA resource partner through SBA Direct at http://www.sba.gov/sba-direct . Just enter your zip code.
Hi Nick,
Good Luck with your new business. Thinking about trademark registration is smart, even at an early stage.
There is a FREE and useful database of registered trademarks provided by the USPTO (see steps below) that can be used to check the strength of your new business name to see if anyone else is using or has trademarked a similar business name already. To run a basic USPTO (US Patent and Trademark Office) search:
Click – http://tess2.uspto.gov/
Then Click on – New User Form Search (Basic)
Enter your business name in the ‘Search Term’ field
Click – ‘Submit Query’
To be really comprehensive, Back-page and search the key words in your business name separately
IF and WHEN your business comes to fruition, takes off and becomes successful… you might want to expand, franchise, trademark your business name and or sell your company. Having a good business name, that you can trademark is a profitable asset.
A trademark can be registered either when you are in the development stages of your business or after you have launched and started using your trademark 'in commerce' (ie you are selling goods and services branded with your mark). When you file for trademark registration is a strategic decision and for many young businesses... it often comes down to finances. It is cheaper to file a trademark after your business has launched and you are using your mark in commerce; however, registering a trademark while you are pitching to potential investors can help protect and secure your new business name/mark from being stolen.
Hi Nick,Check out our 10 Steps to Starting a Business which includes information on naming your business, requirement licenses and permits and tax matters. For information specifically on business licenses and permits, click http://www.sba.gov/content/search-business-licenses-and-permits .Also check out our Should My Company be an LLC, an S-Corp or Both? blog article.Since you are just starting out, it is also a good idea to connect with SBA resource partners: SCORE, Small Business Development Centers and Women's Business Centers who provide free small business counseling and training. You can find your nearest SBA resource partner through SBA Direct at http://www.sba.gov/sba-direct . Just enter your zip code.
Wow, thank you both for clearing all that up for me. I really appreciate the strong feedback. I will definitely carry on with your advice and pursue the steps. Once Again thank you, it makes everything a little easier to see now.
-Nick.
Wow, thank you both for clearing all that up for me. I really appreciate the strong feedback. I will definitely carry on with your advice and pursue the steps. Once Again thank you, it makes everything a little easier to see now. -Nick.
You're welcome. Also, remember that the “TM” and “SM” symbols can be used with an unregistered trademark or service mark to inform the public that a word, design, or slogan is being used as a mark and that the owner of the mark claims rights to it. Using either of these symbols gives notice that you are intentionally establishing ‘common law trademark rights’ in your mark, before or instead of filing your federal trademark registration with the USPTO.
Figuring out which symbol to use is fairly simple. If your business deals with goods, like selling t-shirts, then use ‘TM’ for Trademark. If on the other hand, your business offers a service, like being a personal trainer, then use ‘SM’ for Service Mark.
Placement of the TM and SM symbols is something that you have probably seen before. The symbols are usually placed after the mark in smaller, raised font. For example: MY MARK ™…. or MY MARK ℠ (For a real world example, take a look at a pack of peanut M&M’s. I just noticed the TM mark on their packaging a few days ago.)
Using the TM and SM symbols with your mark, before it is registered, is a good idea. However, don’t forget that using these symbols is not the same thing as registering your trademark and consequently using them doesn’t offer a guarantee that your mark will be protected under trademark laws.
fei4423 | Window Shopper | 6/29/2011 - 4:13 am
phanio | Contributor | 6/9/2011 - 6:35 am
BizResearcher | Window Shopper | 6/7/2011 - 11:44 am
ngoriel | Community Moderator | 6/6/2011 - 8:38 pm
Yoyoink | Window Shopper | 6/20/2011 - 1:43 am
iphone romania | Window Shopper | 6/14/2011 - 2:40 am
Kaster Legal | Performer | 6/13/2011 - 1:45 pm
NicktheWarlock100 | Performer | 6/7/2011 - 3:40 pm
Kaster Legal | Performer | 6/26/2011 - 5:55 pm
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