New business owners all face the same question: Which business entity should I use to start-up my company? Popular entity forms for start-up include the Limited Liability Company (LLC), Corporation and Sole Proprietorship. Another consideration is whether or not the business activities allow for it to be recognized as a nonprofit tax-exempt organization.

How much personal liability protection does the entity offer? What rules must the business owner follow to remain in compliance? What types of governing documents will need to be created and adhered to? Which local, state and federal taxes will the entity be responsible for submitting? Does becoming a nonprofit mean that you cannot earn profits and/or pay employees?

Different business entities carry very different liability protections, governing structures, and tax consequences. Ultimately, the entity you choose depends on your goals as a business owner.

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Labels: Business Start-up, New business entity

When filing a Trademark application with the United States Patent and Trademark Office (USPTO), the applicant must assert that either the mark has been used in commerce, or that the applicant intends to use the mark in commerce. Differences in the type of filing and fees are of interest.

When asserting use in commerce, the mark must have visually appeared in some way in connection with the applicant’s offering of a good or service before the date of filing across two or more states. The applicant will have to provide a specimen showing how the mark was used.

When asserting intent to use, the applicant claims a bona fide intent to use the mark in connection with their offering of a good or service after the date of filing. Upon use of the mark, a supplemental Allegation of Use form must be submitted to the USPTO, for which an additional filing fee of $100.00 is assessed.

For more information see the USPTO link: http://tess2.uspto.gov/tmdb/tmep/0900.htm#_T901

Please contactus@dandridgelaw.com should you have any questions regarding this post or our services.

Labels: trademark application, trademark filing fees, trademark intent to use, trademark registration, trademark use in commerce