Funding a new business is one of the most misunderstood and hotly debated topics within the entrepreneurial community. It seems like almost any rule is accompanied by an exception. One school of thought is that you need a ton of cash upfront. On the other hand, given the failure rate of new businesses, startup dollars are frequently spent with nothing to show for them.  Others believe a shoestring budget is all that Read More

Our website analytics tell us this is one of our most popular articles. If you think we might be able to help you or your business, email info@clark.law and mention this article for a complimentary 30-minute consultation. The United States Patent and Trademark Office (“USPTO”) requires use of a mark in commerce in the United States before the mark can be registered. When the Lanham Act (the federal law that Read More

While “Madrid Protocol” sounds like the name of a great spy novel or a new wave band from the 80s, it is in fact a treaty that allows applicants to search and register trademarks internationally. So if you have a United States trademark registration (or intend to get one) and your business is expanding into other countries, the information in this article is relevant to you. The Protocol Relating to the Madrid Read More

The litany of alphabet letters that sometimes accompany trademarks used in commerce can be particularly confusing, even for the users. The task becomes even more difficult when copyright symbols are factored in. Here’s a handy guide to deciphering the little subscripted letters next to trademarks and copyrights. Trademarks There are three symbols that are used for trademarks: ™, SM, and ®.  We’ll start with ® first Read More

One unique aspect of trademarks that sets them apart from other types of intellectual property is that they are registrable at both the federal and state level. Copyrights and patents are only registrable at the federal level because they originate directly from the U.S. Constitution. Thus, only the federal government has the authority to issue these rights. Trademark protection, on the other hand, does not arise Read More

Angel investors are typically wealthy individuals who seek to invest capital in and offer guidance to startups. Often angel investors are former entrepreneurs or successful businesspeople themselves, and are looking for a potentially significant return on their investment. Angels are picky about choosing the startups they will invest in, and for good reason. Successful startups can produce exponential returns for Read More

Our website analytics tell us this is one of our most popular articles. If you think we might be able to help you or your business, email info@clark.law and mention this article for a complimentary 30-minute consultation. The most common trademarks that you are going to encounter in the marketplace are designs (usually called “logos”) or words, or some combination of the two. Besides the obvious aesthetic Read More

Before you head down the road to starting your new business, step back and take a few moments to consider what you need to do to prepare to take this new journey. One important consideration that is often overlooked is the need for solid documents. The documents to which I am referring are the agreements, minutes, consents, plans, licenses, contracts, etc. that every company should create, sign, or file to get your Read More

Our website analytics tell us this is one of our most popular articles. If you think we might be able to help you or your business, email info@clark.law and mention this article for a complimentary 30-minute consultation. Most people have a general idea of what is meant when I use the term “trademark infringement”. On the other hand, there is a related term that confuses a lot of my clients - that concept is Read More

Non-disclosure agreements (“NDAs”) are possibly the most misunderstood category of legal documents.  To some, they are boilerplate forms that you can download from the Internet and use with little to no revision needed. To others, they are intimidating and overwhelming due to the complicated legalese they contain.  Some believe an NDA should be required prior to almost any business discussion with anyone.  Others Read More