Legal Question in Business Law in Massachusetts

Re: Internet laws

There are four different types of trademark rights: (i) registered federal; (ii) registered state; (iii) common law federal; and (iv) common law state. In reverse order, they arise from first use in intra-state commerce (iv), and interstate commerce (iii). In order to obtain a federal registration, you must apply to the US Patent and Trademark Office. If you have already commenced use in interstate commerce, your application would be based upon "actual use"; if you haven't, then the application is an "intent-to-use" one. Very seldom is it useful to obtain state registrations.

You are dead right to think about trademark priority for your new business -- nothing worse than to start doing business under a name that actually belongs to another (senior) trademark user, as all of the goodwill is wasted. At minimum, you should have a trademark lawyer conduct an informal search, and perhaps order a full-blown commercial clearance search.

Best wishes,

LDWG

Re: Internet laws

In order to trademark something you have to file with an example of your use or an intent to use. If you are unsure of how to do this, you should hire an attorney to assist you. You can do it yourself online at the USTPO. You can also do a preliminary search online to see if someone has trademarked your name. This is not a complete protection as a company can file a state trademark or have registered in another state for that name. You can go to a company to do a complete trademark search but that costs around $600.00 for each name you research.

If you have more questions, you can contact me to discuss same.