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New E-Commerce Startup: Co Formation + Trademark Registration advise Wanted!
Hello Everyone,
We are a young group of people – all in our 20’s with Full time jobs. Since 2-3 Years now, we have been planning intensively + extensively, New Ecommerce Business of Selling products online, all stages are 99% through: buying + selling + warehousing, etc etc.
We want Company Incorporation Advise: We want to Form a ‘LLC’
1. Where to Incorporate: Delaware, Nevada or Wyoming ?
And, I believe this must be the ‘Oldest’ question to an Attorney. .
Reason to have these 3 options: our online research says that these are the best options for Start-ups, as these states have the best ‘protective’ corporate laws towards management & employees in case of accidental liabilities & disputes.
Plus some “Tax Rebates” – Sales tax etc (Please highlight this point, as this is very confusing)
Though: ALL Extensive online research has had no results & lot of confusions
Cause: ALL Articles + Blogs are “Either” Biased (Some Law firms / Lawyers advertising their ‘Own’ States) “OR” all say: Choose between these three
(I have spent hours on Each State’s website + tens of Attorney’s websites & have confused myself tremendously here, We want to know the Best Option!)
2. Trademark Registration: We had this Business plan on Paper since 2-3 years now, And all involved have become Very Emotional towards this set-up, as Countless hours & Emotions have been “Invested” related to this project.
Following names used “only” for an Example, to explain our Situation:
Our ‘Preferred’ Trademark Name : Black Jeans (Trade Mark only)
Our ‘Secured’ Domain Name : BlackJeans.com (Domain Name already secured)
Our ‘Preferred’ Business Name : Black Jeans LLC (Not a Problem in any of the 3 States above)
Our Business Model : Selling Jeans on the internet: E-Store etc
NOW: When we Checked at USPTO: The Black Jeans Collection - (Trademark is already registered)
By someone operating on a completely different Business + Domain name, Registered in an altogether different State – Other than our 3 choices Though business Model is the “same” E-Store: Selling “Jeans” on the Internet
So our Questions are:
a. Can we Successfully register this Trademark: Black Jeans (Trademark only)
b. Will – we be infringing on anyone’s “anything”
c. Both have the Same product, With the same Business Model - Will this be a problem ?
So, sincerely requesting all Angel advisers out there to seriously help us,
As besides this Trademark, we will not be anywhere in our plans, AND we are Inexperienced 20’ something full time hard working, honest & Ethical people, who cannot & would not be able to “Afford” Legal fees & problems at this stage of our lives, AND We strictly Do not want to Infringe on anyone’s registered property.
So please, all of you, do your best to Support us with your answers
-My Best,
Shawn
*Legal Disclaimer: All Names used here: Black Jeans, Black Jeans.com, Black Jeans LLC, The Black Jeans Collection are only used here for Explaining our current situation, & we have no Intentions to use or Infringe on anyone’s property*
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