Marketing your business requires more than simply hanging your shingle. You have to gain insight into your target market, come up with a compelling company name, and protect your brand, among other considerations. Below are some of the likely stopping points you will have to make along the way to marketing a business, some decisions you will have to make, and some things you may need to consider. Thinking up a name for your company, and its product, can be more difficult than it seems. A state-wide, nation-wide, and if appropriate international search for trade names and trademarks or service marks can often relieve a headache, and potential litigation, in the future. If your proposed name or mark looks “solid,” try to reserve it with the state as soon as possible, if allowed under that state’s laws. Most states require that any business performing transactions within its boundaries be registered with the Secretary of State. This registration generally requires submission of the official corporate name of the business, its address, the names of its officers, and the name of its agent. File the registration certificate as soon as possible after reserving your trade name. If your business will use its trade name also as a trademark or service mark, you should consider filing that trademark and/or service mark with the U.S. Patent and Trademark Office (PTO). It may also be possible to register the mark on a state level. File an intent to use (ITU) application for registration if you wish to protect your corporate name for the services and goods you intend to use that name in connection with. Your ITU application must contain a verified statement that you have a bona fide and good-faith intention to use the mark on goods and/or services listed in commerce. Later, you must file an Amendment to Alleged Use (AAU) or a Statement of Use (SOU) in order for the registration of the mark to be granted. The AAU or SOU must be accompanied by example products or services which verify that the mark has actually been used in interstate or foreign commerce (a company may obtain extensions up to 36 months total in which to file an SOU if good cause is shown). Rights to a trademark/service mark arise from prior usage. So, get your product out there circulating. Remember, the names of products, the actual designs on packages, logos, or phrases used in advertising may be protected under trademark laws. Prior to running an advertisement or marketing campaign, prepare your fortresses. Research whether similar products have ever run up against difficulty for false or deceptive advertising. Perform the necessary testing and research so that when you claim that you have “The Best Deal in Town,” you know that you really do. Be ready and able to substantiate your product. Business Lawyer Free ConsultationWhen you need legal help with business marketing law, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/business-marketing-law/
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About MeIn 2009 I was creating marketing channels for barbie dolls in Nigeria. Spent a weekend implementing dogmas in Naples, FL. Won several awards for writing about toy trucks in Mexico. Spent 2001-2007 analyzing deodorant in Pensacola, FL. Spent 2001-2004 researching heroin in Miami, FL. Enthusiastic about writing about clip-on ties in Naples, FL. Archives
June 2019
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