BUSINESS FORMATION
BUSINESS FORMATION
Whether you’re an individual setting up your first company or a seasoned entrepreneur, you need expert legal advice when forming your business entity. Entity types all have advantages and drawbacks. Goings Legal works with you to determine which entity most aligns with your goals and works to your advantage.
Goings Legal offers expertise in:
- business strategy
- business formation
- nonprofit formation
- bylaws, operating agreements, and shareholder agreements
What is a business entity?
A business entity is the structure your business takes, such as sole proprietorship or corporation. Depending on the entity type, a business can be separate from the owner or tied to them personally.
What entity am I?
If you haven’t taken the steps to form a separate entity, the default structure is sole proprietorship.
Do I need a separate entity?
It depends. There are benefits to separating the business entity from you personally, but whether this is the correct move depends on your preferences.
TRADEMARKS
TRADEMARKS
A distinctive brand is imperative for success, and registering your trademarks is one piece of protecting that brand. A strong mark identifies your product and its source to consumers and distinguishes it from the competition. A trademark registration can help protect you from imitators and knock-offs,
Goings Legal offers expertise in:
- searching and advising on trademark availability
- choosing a strong, distinctive mark
- trademark registration and renewal
- how to appropriately use and maintain your mark
- licensing strategy, negotiations, and drafting
- brand portfolio management strategies
- stopping misuse of your marks
What is a trademark?
A trademark is a source identifier, informing consumers who is providing the goods or services and assuring them of consistency in quality. Put more simply, a trademark is your brand. A trademark can be your company/product’s name, logo, a slogan, or even distinctive colors like the green and yellow of JOHN DEERE.
Do I have to register for protection?
No, trademark protection arises from use. Simply by using the mark in commerce, you gain common law protection against infringement of your mark. However, this protection is limited and can be difficult to enforce.
Why register?
While trademark rights arise from use, a registered trademark provides extra benefits, such as an expanded geographical scope of protection.
When should I register?
You should register as early as possible. Remember, though, that trademark rights arise from use, so you must use the mark in commerce before you can register it. The sooner you register, the sooner you have broad protection and peace of mind. However, it is important that you consult an attorney early in the branding process (definitely before spending time and money on branding, and possibly even before settling on a name and logo). An attorney can guide you in the right direction, helping you choose a distinctive mark and eliminate choices that may conflict with existing marks.
State vs. Federal
There are 2 types of trademark registration: state and federal. While common law rights give you rights in your area of operation, a state registration protects your mark across the whole state, but it is limited to that state. A federal registration gives you rights across the entire US. However, you must meet stricter qualifications to obtain a federal registration.
