Looking for a lawyer to help with trademarks and business advice

Having represented various companies and individuals in the adult goods, magazines and videos industries, many of us do not easily blush and are familiar with how to handle the items so that the IP rights are obtained with respect thereto. Many of us offer free initial consultations why not use one.

Many of us have certainly seen more than this, so I don't see the name as an issue, at least in terms on an attorney-client relationship. Given the extent to which your trademark is tied to your reputation, it should be selected and protected carefully. Before you invest additional resources into your chosen name, I would strongly encourage a clearance search to ensure that it does not create a likelihood of confusion with any pre-existing marks. A quick search of the USPTO database turned up 59 applications including that term, and that is without even getting into state registrations and unregistered common law marks. Variations, fragments, misspellings, and phonetic equivalents would also be searched, since the standard for infringement is likelihood of confusion. If the results are favorable, then you can proceed with confidence. If not, you learn this before you get a cease and desist letter. As you already know, federal registration provides a presumption of the right to use the mark throughout the entire country. Although the forms appear quite simple, there are some traps for the unwary. You should be aware that pre-existing common law rights based on actual use in a specific geographic area are superior to federal registration. Trademark work can be performed by a lawyer in any state, but you do want someone who does this work extensively since it is a specialized, subjective area. You will want a lawyer admitted in MN to handle your business issues. If you are using two different lawyers, it is sometimes helpful for them to be in communication with each other so that each is aware of your goals and plans.

Time to get this reviewed by an expert --a search may also be qappropriate

You are certainly not without a number of options. I will offer some general remarks about the trademark clearance process below and encourage you to reach out to several lawyers before making any commitments. Before you invest in any trademark make sure you get some legal guidance. It is of course best practice to clear it before you start using any trademark and starting with a strong one is your best strategy. Know as well that merely registering your business name with a state or county agency or acquiring a domain does not convey any right to use that name in commerce as a source identifier or trademark. For example, I can presumably register my new tech start up "Boogle" with the MN secretary of state because there is no other business already doing business there under that name, but this does not mean that I would not be infringing on the Google trademark, which I would be. The onus is on you to ensure the name you choose is not a problem. Your trademark will be one of if not the most important and valuable business assets you will have and you will ultimately spend more money in support if it than you will anywhere else (advertising, marketing, PR, branding, packaging, etc.). So you owe it to your business and yourself to make sure you handle this properly upfront and the first order of business always starts with a proper and comprehensive clearance. Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence on all the text names upfront and before you start spending any money in support of it or submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free consultation, get some insights then pick the best fit to work with and know you are free to work with counsel located anywhere as you have many options available not just those that provide services in your home state. Best regards, Frank Natoli-Legal, LLC

Looks like you have several options. Give a few trademark attorneys a call and see which one you feel most comfortable with.

While I concur with prior responders, I would point out that this is not the place to find a lawyer. has a FIND A LAWYER component which is where you should be looking.