Name TradeMark'n, Legalities and Taxes

**Baby Boy** · 04-02-06, 12:45 AM

First and foremost, I am new here so please excuse me, I was referred by MXer and thank God I was, I've been looking for an active community of business people who conduct online commerce like everybody here.

Anyway, I am working on getting my urban apparel store up. I am trying to get serious with this business as I've always had the dream of doing something like this (selling urban apparel via e-commerce.) The business idea has been with me for almost 2 years but right now I am still planning and hope to release in a couple of months.

Just wanted to know, would it be smart for me to have the business name trademarked? Also, what about forming an LLC with my urban apparel store? Would these 2 benefit my site economically via these methods.

Super Mod · 04-02-06, 01:03 AM

How trademarks work is as long as you use the name in business and nobody else has in the past then you own the trademark. However, if someone then violates the trademark, you can still take them to court, but you cannot get as much out of winning the court case. Therefore, it's probably best to trademark your name if you're in a big business. That being said it's very costly and gain run a few thousand dollars at least. To answer your other question in brief: forming an LLC is good for small businesses and I would recommend it.

**Baby Boy** · 04-02-06, 01:12 AM

^^ Thanks a million Spencer, great advice, no... I atek that back, BRILLIANT! advice

BTW: http://www.legalzoom.com/pricing/tm_pricing.html --- what do you think of them prices... reasonable and legitimate?

One more thing, just to make sure we're on the same page, what is your terms of benefits for an LLC for small businesses?

Rogue · 04-02-06, 03:16 AM

A trademark works almost like a common law marriage. If you've had it for a while, trademarked, and you've had no issues, and you were the original creator of it, then no one else can touch it, and it is recognized as your property.

Registering (R) is merely the act of registering the trademark to give you more protection.

I believe that's the case. If not, please correct me.

**Baby Boy** · 04-02-06, 03:38 AM

No objections here Rogue, thanks again a bunch pal.

Super Mod · 04-02-06, 04:53 AM

I've never used LegalZoom, so I don't really want to comment on it. However, I've heard that other people have without any problem. I think it's best to consult a "real" offline lawyer, but you probably won't have problems with LegalZoom.

**Baby Boy** · 04-02-06, 04:55 PM

True, but consulting an offline lawyer can be quite costly and expensive... don't you agree... although it is the best choice.

If LegalZoom is not my choice, there are sites out there that allow you to speak with laywers who are actual OFFLINE lawyers for so much an hour... sounds like a win/win conversation.

Josie · 04-02-06, 05:30 PM

Quote:

Originally Posted by Baby Boy

True, but consulting an offline lawyer can be quite costly and expensive... don't you agree... although it is the best choice.

If LegalZoom is not my choice, there are sites out there that allow you to speak with laywers who are actual OFFLINE lawyers for so much an hour... sounds like a win/win conversation.

Well, it kind of depends on the offline lawyer you get hooked up with as to whether it's going to be win/win. I worked for a huge law firm for a few years and then a smaller practice for about 5 years and the quality of lawyers out there varies a great deal. After all, someone had to get the lowest marks in the class and still pass, right?

If you don't go with LegalZoom, I too would suggest an offline lawyer versus one of those call us sites. Sometimes a hungry lawyer just starting up will give you a free initial consult which can answer a lot of your questions.

I agree with Spencer that an LLC is a good way to go, because it limits your personal risk (so that creditors can't come after your personal property such as your house, car, bank account, etc. - only business property if you wind up in a financial bind).

I wish you luck. Finding a good trademark attorney is really tough and will probably cost a lot of money, so I'd be certain your business name or whatever it is you want to trademark is something that you feel others are likely to come up with to compete with you. Just my 2 cents.

**Baby Boy** · 04-03-06, 04:40 AM

I agree with you Josie, it is a very costly thing. See, my idea is like this... I have a name right now, its a good urban apparel themed name.

NOW... when I picked it up, somebody else had the same name and was targeting the same audience as me. Actually, they had it for just about a year and did not do anything with it. For God's sake, a $20 domain and I ask how much,they want no less then $8,000 --- STUPID.

So I choose the same name but with a "-" in the domain, their store hasn't been up and it doesn't look like something that would make it far, so since they are not really making any use of the name, I figured I'd trademark it first so only I can use the name, then develop out an LLC as you said to keep from getting into losing personal possessions (BTW... doesn't DBA's do the same thing.)

Now onto another questions, the BBB (Better Business Bureau) --- are they worth the investment too? Although I have to wait a year from the opening of my business, I've heard positive and negatives.