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If I want to form a company that do the following what kind…

Customer Question
If I want to form...
If I want to form a company that do the following what kind of license would I need:
1. Complete company registration
2. register logos and trademark.
Submitted: 10 months ago.Category: Business Law
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Answered in 3 hours by:
9/23/2017
Business Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 126,862
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please explain. What type of company do you want to form?

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Customer reply replied 10 months ago
I have a business solutions company. Do I need any formed of license if my business register logos and trademarks for other companies.
Customer reply replied 10 months ago
I have a business solutions company. Does my company need any form of license in order to register logos and trademarks for other companies.
Business Lawyer: Edward Young,
 replied 10 months ago
Edward Young
Category: Business Law
Satisfied Customers: 574
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What state do you plan to operate in? What do you mean by business solutions? Do you have a website? Do you have any business partners or is it just you?

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Customer reply replied 10 months ago
My company provide business consultation. We operate in the state of New York, and MA.
Business Lawyer: Edward Young,
 replied 10 months ago

The United States' trademark system has two tiers, federal and state. A federal trademark registration provides protection throughout the entire country, and its territories and possessions. While a state trademark registration will grant rights only within the territory of the state. A federal registrant is entitled to use the ® symbol while a state trademark registration does not confer the right to use the ® symbol, only the ™ symbol. Filing a trademark application with the United States Patent and Trademark Office (USPTO) starts a legal proceeding that is governed by U.S. law.​ You must be a licensed attorney or the owner of the trademark to register a federal trademark. Therefore, you either need to retain an attorney to register the federal trademark, or prepare the application for your clients and have them sign it. There are similar requirements for NY and MA. Does this answer your question?

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Business Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Thank you for your reply.

I see you were answered about trademarks, which merely gave you the definition of trademarks from the USPTO web page. What you were not told that the cost of trademarks would be about $1000 to $3500 depending on whether you use a local trademark attorney to file. Also, you may or may not need an actual trademark, depending on what your logo looks like and your business name, you may only need a copyright of your logo, which costs you $35 to register online. So it all depends whether you want to spend the money and how unique your name is ***** ***** more than the common law trademark protection that your use of the name in commerce brings you.

That is also something the previous contributor failed to mention, that by you registering your business with your secretary of state and use your business name in commerce, you receive at least common law trademark protection, which means if anyone else in your field tries to use that name they would be prevented within the same state you registered your business and you could challenge others in other states to seek to prevent them from using your name. While common law trademarks do not give you the same enforcement authority for money damages, they at least give you all of the protection that most businesses require.

However, regarding your business type/license. In most cases, you would be looking at forming either a C-corp or an LLC, since an S-corp cannot have foreign owners. You form your company, either C-corp or LLC by going to the Secretary of State's website for the state where you will be primarily operating and fill out the Articles of Incorporation for the C-Corp or Articles of Organization for the LLC and you can fill them out and file and pay online (If you have an existing corporation, you need to file in the states where you will primarily be doing business as a foreign business entity, meaning from another state or country, in the state).

Once you file your C-corp or LLC (if you do not have one formed in the US already) with the secretary of state, if you register in NY and will be primarily operating in MA as well as NY you have to register as foreign business doing business in MA as well, then you need to go to the IRS website, http://www.irs.gov, and file to obtain an EIN for the corporation or LLC.

Once you have registered your corporation and obtained your EIN (tax ID number) the only thing remaining is to register with the Department of Revenue in NY and MA if you are going to primarily operate in those states, because you will need to charge sales tax and pay sales tax for sales made in those states.

There are no other licenses needed for you to operate.

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