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Website trademark and LLC question

 
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GaiaList

posts: 6

Dec 06, 2008 7:03 PM ET    Quote  Report Abuse
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Hello SUN! I`m new to the business owner world.  I have a trademark and LLC question.  This has probably been asked a million times, so I apologize for the redundancy. 

I have a website search engine that is going live in January 2009.  I need to get the business an LLC before that happens.  Should I incorporate it as NAME or as NAME.COM ?  I am considering using Legalzoom.  Is there a better service out there for this and cheaper? 

I will also need to trademark my logo and name within the 2009 year.  What services should I consider for that?  I heard it can cost anywhere from $300-$3000 depending out the route one takes.  Any pointers on this are greatly appreciated.  Thank you!



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patentandtrademark

posts: 1332

Dec 08, 2008 9:37 AM ET    Quote  Report Abuse
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for the LLC, do it yourself or hire a lawyer.  legalzoom adds nothing.
 
for the trademark, do it yourself or hire a lawyer.  legalzoom adds nothing.
 


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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
amylimcd

posts: 5

Dec 19, 2008 10:46 PM ET    Quote  Report Abuse
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You do not need to use the .com in your LLC name.  The LLC name is there to identify your business v. a or trademark is used to promote your services.

An LLC name must be available in your state so you can check with your state agency for availability prior to the filing. 

A trademark is where your name become important and can create value to your business.  If branding is going to be important to your business, then you should file for a trademark registration assuming your name is not being used by others in your industry.  Check the USPTO website for an initial search.

If your name is (like the marks Apple for computers or Google for a search company), then trademarking the name itself will likely cover the same name with a .com after it.  For example, eBay`s trademark is strong enough to cover ebay.com.  Anal business owners who are going to rely heavily on their web brand may add .com to their applications.

As far as the services, if there is anything complicated with either requirement, you ideally should get a lawyer.  For example, if your LLC will have partners or investors- your LLC structure becomes important. On the trademark side, if there is any issue with someone else already having rights, an application can get complicated and there may be strategies to get it approved.

On the other hand if both matters are straightforward, you can use services such as legalzoom.  They do save time and if you find a reputable service provider, you will also get peace of mind that the formation is done properly with a compliance guarantee.

You should also check out www.TheLLCExpert.com which specializes in the LLC and offers a much faster service.  Disclosure- I am a frequent author on that site.  So, in fairness to your researching of alternatives, the other major providers in addition to legal zoom are BizFilings.com and corporate.com

Hope this helps

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