Legal Question in Business Law in New Jersey
New Business
I'm about to start a business that operates online as well as locally. I was going to start the process in this order:
1) File an ''intent to use'' application for my business name and trademark.
2) Form an LLC
3) Start operating the business.
4) Officially register my trademark.
Is this the correct order? Do I have to also file for my business locally? I've heard that forming an LLC in Delaware is the most benificial. Can I operate a Delaware LLC in my home state of New Jersey though?
2 Answers from Attorneys
Re: New Business
I'd recommend conducting a comprehensive trademark search before you do anything, and then depending upon the results of the search, form the LLC, file the intent to use for the trademark (assuming the mark is appropriate for trademark protection), start using the mark as part of your business, and then file your allegation of use with the USPTO.
There are pros and cons to forming an LLC in Delaware, but if you do, you may so while residing in NJ.
We can assist you with any of these steps if you'd like.
Re: New Business
That works. You should be sure that you understand the distinction between a business name and a trademark. Most businesses do not need a trademark.
Trademarks and service marks are names used with respect to goods and services to distinguish their origin from all others. If your business involves goods or services that are distinctive and would benefit from such a name, then you may benefit from owning a trademark or service mark. If, for example you were opening a pizza shop, you would probably just need to register the business with the State. If, on the other hand, you intended to become a franchisor of many pizza shops, you would probably establish and protect the franchise using a portfolio of trademarks, tradenames, trade dress, trade secrets, and know how.
If you are now confused, I can understand. It would be best for you to consult a lawyer who can advise you on your specific needs.
My firm handles matters of this type. If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
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