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Frequently Asked Questions

Do you need to be a corporation to obtain a trademark?

Trademark FAQ's
No. The trademark applicant is the person who owns the mark. Normally, this is the person who produces the goods or who renders the services associated with the mark and who controls the use of the mark. That person can be an individual sole proprietor, a general partnership, a limited partnership, joint venture, corporation, limited liability company, unincorporated nonprofit association or other legal entity.
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Do I need an EIN for my corporation? How can I obtain an EIN?

FAQs about Corporations, Incorporation, Foreign Qualificatio...
Yes. The IRS requires corporations to obtain an EIN for tax purposes, even if the corporation has no employees. Preparation of the EIN application is included in all of MyNewVenture.com's business formation packages. MyNewVenture.com can also obtain an EIN for you (EIN obtainment is included in our Deluxe and Premium Packages).
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Do I need to register my trademark?

Trademark FAQ's
No. It is not required that you register your trademark or service mark in order to establish ownership rights. However, besides providing constructive notice throughout the state regarding your claim to ownership of the trademark, registration provides the trademark owner with certain procedural advantages should it become necessary to judicially enforce your trademark rights.
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Why should I obtain a trademark?

Intellectual Property Frequently Asked Questions (FAQ)
Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
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Trademarkindia.in - FAQ,Trademark, Patent, Design & Copy...
application for trademark may be made on Form TM-1 with prescribed fee at Trade Marks Registry. The application is examined to ascertain whether it is distinctive and does not conflict with existing registered or pending trademarks and examination report issued. If it is found be acceptable then it is advertised in the Trade Marks Journal to allow others to oppose the registration.
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How do obtain an EIN (Employee Identification Number) for my corporation?

Frequently Asked Questions
The Employee Identification Number is obtained from the Internal Revenue Service, www.irs.ustreas.gov. The Corporations Division does not issue, or maintain record of, EINs.
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How does a foreign corporation obtain a Certificate of Authority?

First Stop Business Center - Frequently Asked Questions
The company will need to complete the application for Certificate of Authority, which may be downloaded from the Corporations Division website at: www.sos.state.ga.us/corporations. The Certificate of Authority should be submitted along with an original Certificate of Existence, which is obtained from the "home state" of the corporation and must be no more than 90 days old.
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How do I obtain a federal trademark registration?

Trademark FAQ
You can fill out an application online, check it for completeness, and file it over the Internet using the Trademark Electronic Application System (TEAS), at http://www.uspto.gov/teas/index.html. You can also respond to Office actions and file, notices of change of address, allegations of use and requests for extension of time to file a statement of use through TEAS.
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What is a trademark?

Trademark FAQ's
A trademark may be a word, symbol, logo, slogan, or any combination thereof that is used to identify and distinguish one person’s goods or services from the goods or services of another, and serves as an indicator of source of the goods or services. A consumer encountering a trademark identifies products bearing the same mark to be sold by, or produced by, the same producer, even if the name of that producer is unknown to the consumer.
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First Stop Business Center - Frequently Asked Questions
A trademark is any word, name, symbol, device or combination thereof adopted and used by a person or entity to identify goods made or sold and to distinguish them from the goods made or sold by another person. If products or goods are sold, think "trademark." (O.C.G.A 10-1-440) Examples of trademarks are: Coca-Cola (soft drink beverage), Microsoft (computer software) and USA Today (newspaper/publication).
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How does an out-of-state corporation obtain a certificate of authority and is there a fee?

Frequently Asked Questions
A single-page "Application for Certificate of Authority" is filed along with an original certificate of existence ("good standing") from the "home" state. The certificate of existence must be no more than 90 days old. The filing fee is $225. The corporation will then file an annual registration, and $30 fee, between January 1 and April 1. Annual registration notices are mailed to the principal office addresses of all active corporations each January.
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Should I obtain a state trademark?

Idaho Falls Law: Frequently Asked Questions
Usually no. The state trademark only provides protection in the state of Idaho. Most businesses provide, or intend to provide, products or services in more than one state. Thus a federal registration is almost always desirable.
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Do I need to use an attorney to make an application to register a trademark?

Trademark FAQ's
No. Although it is not required that you use an attorney to pursue a trademark application, it is often desirable to employ an attorney who is familiar with trademark matters.
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I am not a U.S. citizen. How can I obtain an EIN for my U.S. corporation?

Incorporate in the USA: U.S. Incorporation FAQs for Internat...
The application to obtain an EIN (Employer Identification Number, or federal tax ID) requires the name, social security number or ITIN (individual taxpayer identification number), and signature of a principal officer. If your corporation has a principal officer who is a U.S. citizen or resident, that officer may use his or her name, social security number and signature to complete the EIN application.
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Do I have to be an Indian citizen to obtain a trademark registration?

A TO Z SERVICES - A COMPLETE BUSINESS SOLUTIONS PROVIDER
No. However, an applicant's citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration.
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How do I obtain a federal trademark?

Polster, Lieder, Woodruff & Lucchesi, L.C.- Frequently A...
First, you should perform a search to determine if others are using the same or similar marks on related goods or services. If others' marks are too close, you should consider a different mark. See below for information on selecting a mark. Next, a federal trademark registration application is filed. The application has several parts that need to be completed correctly. Mistakes on the application can be fatal to your application or subsequent registration.
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Patent Pending Blog - Patents and the History of Technology:
First, have a trademark search conducted by an attorney to determine if other similar marks exist. A trademark search should not only look for similar marks, but phonetic equivalents, logos, designs, cancelled trademarks, and should give you an analysis of any less similar trademarks which might pose a likelihood of confusion with your trademark. A general computerized search will not be this exhaustive, nor will you have any idea regarding whether a likelihood of confusion exists.
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Do I need an attorney to file a trademark application?

Trademark FAQ
No, although it may be desirable to employ an attorney who is familiar with trademark matters. An applicant must comply with all substantive and procedural requirements of the Trademark Act and Trademark Rules of Practice even if he or she is not represented by an attorney. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association.
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How do I find out if I need patent, trademark and/or copyright protection?

Trademark FAQ
Patents protect inventions and improvements to existing inventions. Copyrights cover literary, artistic, and musical works. Trademarks are brand names and/or designs which are applied to products or used in connection with services. Click here for further information.
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Do I need to maintain my trademark registration?

Coolmenus example - CoolMenus4 DHTML script made by Thomas B...
Trademark rights can last indefinitely if the owner continues to use the mark to identify its goods or services. The term of a federal trademark registration is 10 years, with 10-year renewal terms. However, between the fifth and sixth year after the date of initial registration, the registrant must file an affidavit setting forth certain information to keep the registration alive.
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How do I register my trademark? Do I need an attorney?

Trademark.com Frequently Asked Questions
All that is necessary is that you fill out an application and send it, a "drawing" of the mark, specimens showing how the mark is used (or intends to be used), and the appropriate filing fee(s) to the USPTO. (Currently these fees are $325 per class.) The USPTO does not require applicants be represented by an attorney. In fact, most of the Attorney-Examiners actually go out of their way to assist applicants who file their own marks.
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Do I need a trademark search?

A TO Z SERVICES - A COMPLETE BUSINESS SOLUTIONS PROVIDER
Your trademark search results will help you save valuable time and money. Before you make a large investment in a name, you want to know whether it is secure. You would not like to promote a name that is confusingly similar to another company's trademark and subjects you to the risk of a lawsuit for trademark infringement Your search results will help you complete your own application by giving you numerous examples of completed registrations.
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What do I need to do to get a trademark registration?

FAQs
The United States Patent and Trademark Office is responsible for issuing and managing federal trademark registrations, while each State has an equivalent government agency responsible for issuing and managing state trademark registrations. A federal trademark registration confers certain rights throughout the United States, while state trademark registrations, generally obtained for marks not used in interstate commerce, bestow more limited rights.
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Frequently Asked Questions | Mexican Trademark Registration
Once a search has been carried out to determine whether or not your trademark can be registered, the requirements are:
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Fleit, Kain, Gibbons, Gutman, Bongini & Bianco
Although using a trademark first in a given territory establishes some rights in its user, there are important advantages to registration of the trademark in the principal register of the PTO. It is also possible to register a trademark in some states. A certificate of registration in the PTO has the effect of being prima facie evidence of* (see 15 U.S.C. § 1057).
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Inventors IPO; Your source for Inventors Kits, inventors, in...
No. However, federal registration has several advantages including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. [ Top ]
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Do I need a TRADEMARK, a COPYRIGHT or a PATENT?

Copysearch - Frequently Asked Questions
A Trademark protects a word, phrase, symbol or design, or combination thereof, which identifies and distinguishes the source of goods or services of one party from those of another. Trademarks are usually Commercial (see below). A Copyright protects an original artistic or literary work. Copyrights are commonly used to protect books, songs, poetry, motion pictures, and the like.
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