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What is an “Intent to Use” Trademark Application?

By Scott M. Thomas On March 27, 2014 · Add Comment
There are two main types of trademark applications that may be filed with the USPTO: 1.) a “Use in Commerce” application; and 2.) an “Intent to Use” application. An “Intent to Use” (ITU) trademark application is the correct application to file when the applicant has not started using the proposed trademark in commerce. Some people refer to ITU applications as more or less a trademark reservation, which can mature into a registration so long as the applicant subsequently files a “Statement of Use” with the USPTO once the applicant starts to actually use the trademark in [...]
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Should I Incorporate or Form an LLC?

By Scott M. Thomas On February 7, 2014 · Add Comment
Choosing to incorporate or form an LLC is a big decision. The initial questions usually include: What’s the difference between an S Corporation and a C Corporation? When is the best time to incorporate? The answers to these questions depend on the facts of your specific situation. I recently found this video on Youtube, which is an excellent presentation of some important considerations. The speaker, Adam Dinow, is an Attorney at a big law firm in New York City. I’ve seen him speak before and he really knows his stuff.
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Trademark My DJ Name (or Band Name)

By Scott M. Thomas On January 6, 2014 · Add Comment
Yes, you can trademark your DJ name or your band name. There are a couple of different ways to do this depending on your situation. Since trademarks are used to distinguish the source of goods, you can trademark your DJ name or band name if you’re producing and selling music while using the name as a trademark. Similarly, you can apply for a servicemark to protect your name as it applies to the services that you provide (i.e. live performances and entertainment services). I recently worked with Butane on a trademark case (and of [...]
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Change the Name of Your LLC

By Scott M. Thomas On December 9, 2013 · Add Comment
People frequently decide to change the name of their LLC and it’s usually not a problem. Changing the name of your LLC in NY is accomplished by filing a Certificate of Amendment pursuant to Section 211 of the New York State Limited Liability Company Law (for more information on our flat fee LLC name change service click here). A Certificate of Amendment can be filed by a domestic or foreign LLC. It can also be used to change other provisions in the original Articles of Organization [...]
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How to form PLLC or PC in New York

By Scott M. Thomas On October 10, 2013 · 1 Comment
There are four business entity options when setting up a professional practice in the State of New York: (1) Professional Limited Liability Company (PLLC);  (2) Professional Corporation (PC); (3) Design Professional Corporation (DPC); and (4) Limited Liability Partnership (LLP). These are the appropriate entities for people who provide professional services that require a license in order to practice their profession. For example, doctors, lawyers, engineers, dentists, LCSWs and other professionals are required to form a professional entity when establishing a new practice. Forming a professional business entity in New York is similar to forming a regular business entity, however there are [...]
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Trademark Office Actions FAQ

By Scott M. Thomas On September 11, 2013 · Add Comment
What is a USPTO Office Action? An office action is a notification that your trademark application has been refused. Office actions are issued by the examining attorney at the USPTO who reviews your trademark application. It will state the reasons for the refusal and how to overcome these issues. Office actions can be substantive or non-substantive. They can also be final or non-final. If an office action is issued regarding your trademark application a response must be filed within 6 months in order to preserve the application. If a response is not filed in a timely manner the application will [...]
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Application Development Agreements

By Scott M. Thomas On August 6, 2013 · Add Comment
When hiring a developer to create a mobile application it’s important to execute a mobile application development agreement. In many cases your developer may be an independent contractor rather than an employee, thus the rights and obligations of the company and the freelancer should be outlined in a written agreement that’s signed by both parties. Below is a list of items to consider when drafting an app development agreement. COMMON APP DEVELOPMENT AGREEMENT CLAUSES Responsibilities of the developer Responsibilities of the company Specifications for the application Timing, completion, and milestones related to development of the application Testing and support period [...]
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7 Benefits of Trademark Registration

By Scott M. Thomas On July 31, 2013 · Add Comment
Federal trademark registration has many advantages for startup companies and small businesses. In my opinion, it’s one of the best investments a startup company can make. Below is a list of benefits for trademarking your startup’s name, logo, or slogan. 1. Filing a federal trademark application creates a public listing of your trademark in the United States Patent and Trademark Office’s online database. A routine trademark search will reveal your claimed trademark (even if the application is still pending), thus deterring many competitors from attempting to use your trademark and preventing disputes before they arise. 2. Once registered, you will [...]
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New York LLC Publication FAQ

By Scott M. Thomas On April 4, 2013 · Add Comment
New York Limited Liability Company Law § 206 states that when an LLC is formed it must publish a legal notice of the new business entity for six consecutive weeks in two newspapers as assigned by the County Clerk in the county of the LLC’s legal address. After six weeks of running the ads, each newspaper will issue an affidavit that states that the LLC actually ran the ad, and these affidavits must be filed with the New York Department of State, along with a Certificate of Publication. This process must be completed within 120 days of the date that the LLC [...]
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How To Trademark Your Business Name

By Scott M. Thomas On February 28, 2013 · Add Comment
Trademarking your business name, logo, or slogan in the United States is accomplished by obtaining a federal trademark registration from the Unites States Patent and Trademark Office. A USPTO registration gives the trademark owner exclusive national rights to use a trademark for goods or services within a particular trademark class. State trademark registration is also available, however most people seek federal trademark registration with the USPTO. Overview of the trademark registration process 1. Conduct a trademark search to determine if the trademark you seek to register is available. 2. Prepare and file a federal trademark application with the USPTO. 3. [...]
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