Click to go to the section you want to read.

Corporations    Trademarks

Corporation FAQs

Q. Does the Director for a Nevada Corporation have to be a Nevada resident?
A. No. The director can be located anywhere in the world and you can use a post office box as the address on the articles of incorporation.

Q. How long will it take for me to be incorporated?
A. Each state varies. Most states have an expediting fee. Nevada, Delaware and Texas can be filed within 24 hours. A quick call to us and we can tell you the exact time frame.

Q: What is a Registered Agent and Why do I need One?
A: All states require that a corporation or an LLC have a Registered Agent for Service of Process. The Registered Agent is the designated person or company that accepts summons and complaints (lawsuits) for your business as well as tax notices from the state Franchise Tax Board and IRS. A common problem with businesses is that over time the person that is designated as the company's agent for Service of Process moves, quits the company or is not available at the address given during all business hours. This can be catastrophic for your business. If this happens and you are sued, the plaintiff can take a default judgment against your company and you will not even know it has happened. The plaintiff then levies against your bank accounts, attaches your receivables and seizes your inventory to satisfy the judgement. One of the single most important things you can do for your company is have a professional Agent for Service of Process who will always be available to accept service of lawsuits and notify the appropriate person in your business.

Q: What is a "Close Corporation"?
A: The term "Close Corporation" has been defined in various ways, nevertheless, it is generally used to distinguish corporations that have only a small number of shareholders from corporations that are publicly traded. This should not be confused with "Statutory Close Corporations", however, which are corporations filed under a state statute that provides for special treatment of close corporations. Not all states have close corporation statutes and many legal commentators believe that there is little practical benefit to incorporating under these statutes.

Trademarks and Service marks

Q. What is the difference between SM and TM ?
A. The SM is used if the word, name or phrase refers to a service (i.e. dry cleaners, consultant, Bar & Grill). The TM is used if the word name or phrase refers to a tangible (touchable) object (i.e. brownies, golf clubs or vitamins).

Q. When can I use the ® ?
A. The general rule is that you can use the SM or TM before or after registration, however, you can only use the ® once you have received your registration certificate.

Q. How long will it take to get a federal trademark registration certificate ?
A. Once the trademark office receives your application the process takes approximately 14 to 16 months. That does not mean that you cannot use the mark. Trademark law is first use law. It is the first one who uses the mark that gets the mark. Not the first one to register it. By registering the mark you can avoid potential conflict in the future. A trademark search would reveal that the mark is already in use.

Q. Can a domain name be registered as a trademark or service mark ?
A. Yes. As long as the service mark is used on your website to describe your services and not just as a web address. Just because you have obtained the domain name does not mean that your trademark/service mark is protected by the US Patent & Trademark Office.

Q. What if I have the trademark registration and someone else has the domain name?
A. Network Solutions, Inc. has a dispute resolution policy which states that you should first contact the person with the domain name and tell them their domain name conflicts with your trademark. Network Solutions states in Section 5(b) "the owner of the trademark registration must give prior notice to the domain name registrant, specifying unequivocally and with particularity that the registration and use of the registrant's domain name violates the legal rights of the trademark owner." Network Solutions, Inc. will only take action if they are provided with both a certified copy of a federal or foreign trademark registration certificate and a copy of the notice sent to the domain name registrant. Network Solutions, Inc. will allow the domain name registrant to keep the url if: they registered the domain name before the complaining party's date of first use, or if the domain name was obtained before the complaining party obtained before the federal trademark registration.