Trademarks, Goods and State Lines.

I don’t distribute my goods out of state. Can I still trademark my names? The short answer is YES! The Lanham Act (also known as the Trademark Act of 1946) is the federal statute that governs trademarks. Generally, the Lanham Act requires that a mark is used in interstate commerce before it may be registered as a federal trademark. Thankfully, interstate commerce is broadly defined.…

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Clothing Trademarks – is your trademark a “brand identifier” or just a decoration?

Trademarks are used to identify products. A trademark tells you about the product (usually who made the product and a certain level of quality). In order to file a trademark for clothing, you have to use your trademark to identify the clothing as belonging to the trademarked brand and not as a decoration. Trademarks that are only decorative do not identify and distinguish goods and do not act as…

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To defer, or not to defer, that is the question. A blog on state registration financial assurance options

As most franchisors know, there are 14 states that require a registration of the Franchise Disclosure Document (“FDD”). Of these 14, nine states will review the franchisor’s financial statements and impose financial assurance requirements if the franchisor’s financial health is not up to their standards. These financial reviewing states are: California, Hawaii, Illinois, Maryland, Minnesota,…

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