What's your thoughts on trademark?

Chamber005

Chamber005

Carbonite Member
So I'm in the process of looking into Corp and LLC stuff (and by in the process I mean that I'm not quite ready to shell out the 900 bucks yet), but in the interm I'm wondering about two specific trademarks. One is the trademark of the company name and the other is a trademark on a property we've developed.

Now I understand copyright law to be, essentially, that in the US a person holds copyright over something as soon as they've drawn, written or taken the picture, but that to actually sue someone who infringes on that copyright you'd actually have to have had your materials copyrighted under the law. (I just learned this last part recently. I always assumed that if I invented Star Trek and then someone came out with Star Trek that I could sue them -- but apparently that's not the case. If you haven't previously registered the copyright, although YOU can defend your work AGAINST lawsuits, you yourself cannot sue anyone (and win).) :huh:

Trademarks are a little different, though. If I came up with the character Captain America, I couldn't actually trademark the words Captain America, I can only trademark the logo and possibly the character design (like his shield for instance). The actual name and characteristics of Captain America would fall under copyright law, not trademark.

So I guess mine is a two part question.

1st -- which should I trademark first, the business logo or the product?

2nd -- since eventually I'm going to make the business an LLC or Inc, should I even bother trademarking its logo since the LLC or Inc is going to entail onwership of the business, not just by name, but by logo?

Like, McDonalds doesn't need a trademark. It only needs to trademark Big Mac or its golden arches.

Another option is to take out a DBA for the business, but I'd just assume put that money towards the LLC or Inc since a DBA does nothing to protect you or your personal assets in a lawsuit.
 
You need to talk to a lawyer about your questions--someone familiar with the law of the state in which you plan to organize your company and with federal law. You really don't want to rely upon whatever random advice might come your way on a website.

Kevin
 
ok I see... over the years I've had to open llc's and s-corp's. And the most I had to pay was $150. bucks..

you don't need to register the TM to claim rights to the TM, you can legally start using the TM symbol at any time, even without registering.

you are somewhat correct about the lawsuit, but let me clarify. someone can be sued for infringement even if a copyright/trademark is not filed, but to be entitled to statutory damages you must be registered.

there is a lot more to it and I suggest doing more reading.

P.S. I'm not an attorney.
 
ihatedv said:
ok I see... over the years I've had to open llc's and s-corp's. And the most I had to pay was $150. bucks..

you don't need to register the TM to claim rights to the TM, you can legally start using the TM symbol at any time, even without registering.

you are somewhat correct about the lawsuit, but let me clarify. someone can be sued for infringement even if a copyright/trademark is not filed, but to be entitled to statutory damages you must be registered.

there is a lot more to it and I suggest doing more reading.

P.S. I'm not an attorney.
Click to expand...

What I think is really bizarre, though, is that an LLC is more expensive to start up than is becoming incorporated. The reason I'm wary of becoming incorporated, though, is because the tax issues -- as I believe they are a lot more astringent than an LLC's tax policies.
 
You don't have to trademark your LLC name. Once named, nobody else in your state can use it. Now show names and logos, on the other hand should be treated like porkin a loose chick. Protect yourself or be sorry.
 
I believe u are confusing a couple of things. Every state has a filing fee which is unavoidable no matter if u use an attorney or file the paperwork yourself. Most states have a franchise tax, Cali's is 800., but to actually open an LLC in Cali, the fee should be around 200., that is roughly the norm unless you go to an attorney, than they will hit you for a G.
 
ihatedv said:
I believe u are confusing a couple of things. Every state has a filing fee which is unavoidable no matter if u use an attorney or file the paperwork yourself. Most states have a franchise tax, Cali's is 800., but to actually open an LLC in Cali, the fee should be around 200., that is roughly the norm unless you go to an attorney, than they will hit you for a G.
Click to expand...

Right, I presume the OP is talking about fees to start an LLC, which includes your first annual tax payment. the initial filing fees in CA are roughly $150 plus $800 that goes annually to the CA Tax Franchise Board.
 
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