by eclewis | Jul 8, 2014 | IP Law
If you have a particular name that you want to use or are already using for your business, it is important to act quickly to find out if anyone else is using that name. There a few simple research steps and searches that you can do yourself, right now, which can give you a better idea of the status of your business name.
Before getting started with these steps, it is essential to remember that you perform several different searches. Try alternative spellings, as well as putting in additional words that might make sense to be included within the name. Basically, you want to try and search for anything that might sound like or get confused with the name that you have selected.
The first step is easy enough, simply run a few searches with an online search engine, like Google, of the business name. Pay attention to the results for not only exact name matches but similar matches that are making or performing related goods or services to what you had in mind with the name.
Next you can try going to a domain name registration site, such as GoDaddy.com, and entering in your business name into the domain name search. This will let you know whether or not someone already owns that website domain. Remember to take note that even if your preferred domain like .com is available, be sure to look through the other search results to see if someone is using your business name in another domain like .net, .us or others.
Digging in a bit deeper with your research, you should go to the U.S. Patent Office website. Here you will be able to see if someone has previously trademarked your business name. To run the search, go to tmsearch.uspto.gov, then click on “Basic Word Mark Search” and start running different searches to see what names have been trademarked.
Now that you have searched the national trademark database, you will want to narrow down your research more locally. You can do this by visiting the website for the Office of the Secretary of State for each state that you are or might do business in. For example, the Colorado Secretary of State website is sos.state.co.us, and from there you can select “Businesses, trademarks, trade names,” then click on “Search business database.” Now you can run searches to see trademarks, trade names, and business names.
Following these steps will help you go from a broad to narrow perspective in your research, so that you can hone in on what exactly is happening with a particular business name. With all of this new information in hand, you can begin thinking more seriously about what to do next with your business name.
If you have any questions about what your research turned up or if you are ready to take the next step in forming your business or protecting a business name, do not hesitate to reach out to the Law Office of E.C. Lewis, PC, the home of your Denver Business Lawyer, Elizabeth Lewis at 720-258-6647 or email her at Elizabeth.Lewis@eclewis.com.
by eclewis | Jul 1, 2014 | Business News
The results from CNBC’s ranking of America’s Top States for Business are in. After analyzing and comparing each state across fifty-six different business metrics, each state was assigned points in ten major categories to determine their ultimate ranking. Colorado came out with a ranking of #8 in the nation overall. You can take a look at the full report here.
Looking at some of the ten primary ranking categories, Colorado received the following rankings. Colorado ranked first for Access to Capital, which looks at the availability of venture capital and small business loans. For Workforce, which accounts for the quality and availability of workers, it came in 5th. Colorado ranked 8th for Economy, which examined the growth, job creation, and health of the real estate market. Colorado also came in at 9th in Technology & Innovation, which factored in the number of new ideas and capacity to support them within the state, and 12th in Quality of Life, which was scored by looking at crime, healthcare, and recreational considerations.
Colorado was specifically described in CNBC’s report as being “focused on innovation,” having a workforce that is “dynamic” and that capital for businesses was “abundant.” The Centennial State’s strong business performance evidenced by this report shows that there is no better time than the present to start or grow your business right here in Colorado.
If you are ready to get started, you can contact the Law Office of E.C. Lewis, PC, home of your Denver Small Business Lawyer, Elizabeth Lewis at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Jun 17, 2014 | Business News
Does My Business Need an Employer Identification Number (EIN)?
There are a few questions that you can ask yourself right away regarding your business that can indicate to you immediately whether or not it is time to apply for an Employer Identification Number (EIN) from the IRS.
Does your business have employees or plan on hiring employees? It is important to note that even if your business is using contractors to get work done, they may be more accurately characterized as an employee under the law, which will require an EIN to be established and additional changes regarding such workers to be made.
Does your business operate as a partnership or a corporation? This includes all types of partnerships, corporations, and will likely include your LLC, unless it is a single-member LLC with no employees (and does not plan on hiring any) that does not fall under any other specific conditions.
Is your business involved with any of the following types of organizations? Non-Profits, Trusts (except certain grantor-owned revocable trusts), Estates, Plan Administrators, Individual Retirement Accounts, Exempt Organization Business Income Tax Returns, Real Estate Mortgage Investment Conduits, or Farmers’ Cooperatives.
Does your business withhold taxes on income, besides wages, that are paid to a non-resident alien?
Does your business file any of the following tax returns: Employment, Excise, or Alcohol, Tobacco and Firearm?
Does your business have a Keogh plan? Keogh plans are a particular kind of retirement plan that may require an EIN.
If you answered yes to any of the above questions, are unsure about your answer, or have other questions of your own, do not hesitate to reach out to the Law Office of E.C. Lewis, PC, home of your Denver Business Lawyer, Elizabeth Lewis at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Jun 10, 2014 | Business News
A mentor in your industry can help set you down the right path for your business, or expose you to opportunities you had not even considered. They are not afraid to give frank advice by letting you know a new idea needs refining or when to take that risk you have been considering. They can also help you realistically determine your business goals and how to achieve them more efficiently. Mentors are important because they have been in your position, and you can learn from their experience in ways books are incapable of teaching you and more candidly than a friend or family member might.
Trying to find a mentor does not have to be intimidating. Finding a mentor starts with networking, but the better question is where and how to get started.
A great place to start is within. Think about whom you know in your industry. Think about your business partners, clients, co-workers, friends, and family. These people can all be potential contacts to discover your new mentor. Ask if they have had a mentor or if their parents worked in the same line of work. If you are still having trouble connecting with a possible mentor this way, it may be time step outside your comfort zone.
Start searching for conventions, organizations, or even classes designed for those in your line of business. Go to an event or class with a colleague and strike up a conversation with other attendees. Ask if they have ever been to an event like this to get conversation going. Be sure to introduce yourself to the officers of the group or speakers at the event, because there is a reason why they are leading the group. These people have unique knowledge from their experiences, and they could make for a great mentor. Look for ways to connect with these new acquaintances beyond work by discussing hobbies, vacations, and family. You never know what else you may have in common. Get their business card and follow up soon and let them know you enjoyed meeting them.
When setting up additional meet-ups remember to be flexible and work around their availability, since these people are using their time to meet with you when they have no obligation to do so.
These tips should help set you on your way to discovering a mentor in your industry and getting closer to your business goals. If you need legal assistance with your next business goal, do not hesitate to reach out to the Law Office of E.C. Lewis, PC, home of your Denver Business Attorney, Elizabeth Lewis, at 720-258-6647 or email her at elizabeth.lewis@eclewis.com.
by eclewis | Mar 17, 2011 | Business News, IP Law
When filing a trademark, clients ask me, their Denver Small Business Lawyer, whether they should file a state or a federal trademark. To answer this question requires a two-prong test. First, I ask clients whether they plan to only use the trademark in Colorado or whether they are going to use it in other states also. Second, I ask clients if they plan on doing any online sales as this can easily cross state lines even if they don’t plan to physically open stores or offices in other states. If a client answers yes to wanting to use the trademark in another state or plans to sell online, then I lean towards a federal trademark; although, there are many other factors that may change this on a case-by-case basis so talk to your attorney to see if this is the right for you.
Second, I ask clients if they have the funds to secure a federal trademark. Federal trademarks are both more expensive and time consuming than state trademarks. If the chances are slim that they are going to use the trademark in other states and their funds are limited, this may be the deciding factor; although, again, talk to your attorney.
State trademarks are great if you are only going to use the mark in Colorado. However, federal trademarks protect you throughout the US. State trademarks are cheap and quick. However, federal trademarks are easier to enforce and allow for multiple claims if infringement occurs. Therefore, it is always best to talk to a professional prior to filing to see what you should do! As always, you can call me, your Denver Business Lawyer, at 720-258-6647, email me, or click on the right to Book an Appointment now!
