What do I need to do to incorporate a business and acquire a trademark?

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What do I need to do to incorporate a business and acquire a trademark?

Asked on May 24, 2013 under Business Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

To incorporate, go to your state's Secretary of State website--you should be able to incorporate online by filing the directions and paying the appropriate fee, or at the least you will find forms and directions to send in. It can be slightly complicated, so you may wish to let a lawyer do it for you, but you can do it on your own.

To have a trademark, first do some trademark searches (e.g. on the U.S. PTO website; google searches; etc.) to see if anyone is using or claiming the proposed mark. If someone else is using or has claimed it, you can't; if not, start using it in commerce and include a small "TM" after it to show that you're claiming it. You can also try to register it by filing out the correct online forms and paying the appropirate amounts at the U.S. Patent and Trademark Office's website. Again, you may wish to let an attorney help you.


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