Suggested order for org startup + Trademarking?

[stevenmac2]

Hi All,

I need to seek your advice regarding an organization startup that my wife is pursuing. Her intentions are that she wants to trademark the name and also the logo to protect it before going mainstream. Here are my questions if you can answer each appropriately to keep responses organized:

1) Will we need to file two trademark applications? One for the name itself and then another for the logo? Can we do this ourselves or would we need trademark attorneys to carry it out?

2) We will need have a designer to create the logo she is wanting. Once we pay for it, is it by default the rights to use the logo are ours to use for branding/website and for submission for trademarking? Or will we need to have them sign a release/contract understanding that we purchased all creative rights & copyright to use it for our purposes? Any insight for those of you who have used a logo commericially or trademarked a works from someone else that created on your behalf?

3) Order of attack to get her established. What must come first or can be done in parallel? I will put an order up and please correct if we can adjust or do something in parallel (or if there is something else more we need to do):

Side question: What should come first - actual trademark submission or business registration so as to protect the name? Is it requirement that we are established a business/organization first before we can submit for the trademark? Her main concern is that she wants to protect the name before it is used and put out to the public or associated with another type of organizations/businesses.

1) Submit Trademark Application(s) depending if we need one or two for the name and/or logo first to protect it?
2) Create Organization entity structure for liability protection/separation by stating the organization (with TM --> same for below with any other filings)?
3) Get Federal Tax Idenfitication Number
3) Submit for local/state licensing. Any other forms to be recognized nationally in US?

Thank you for your expertise and assistance... Steven

 

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