South Dakota License of Trade Name and Trademark with Option to Purchase

State:
Multi-State
Control #:
US-01926BG
Format:
Word
Instant download

Description

A trade name, also known as a business name, is the name which a business trades under for commercial purposes, although its registered, legal name, used for contracts and other formal situations, may be another. A logo is name, symbol, or trademark designed for easy and definite recognition, sometimes used, as in this case, for easy and definite recognition of a business or service. A licensor may grant a license under intellectual property laws authorizing the use by another party of a logo, trade name, trade mark or service mark.

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FAQ

Summary. Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

The cost to start a South Dakota limited liability company (LLC) online is $150. This fee is paid to the South Dakota Secretary of State when filing the LLC's Articles of Organization.

There is no general business license in South Dakota. However, before you begin to operate your business, you will need to obtain a State of South Dakota Tax License issued by the Department of Revenue and Regulations. There are also other specialty licensing, tax and permit requirements that may also be needed.

How much does it cost to form an LLC in South Dakota? The South Dakota Secretary of State charges $165 to file the Articles of Organization. There is an additional $15 filing fee if submitted by mail. You can reserve your LLC name with the South Dakota Secretary of State for $25.

Start a Corporation in South Dakota To file the Articles of Incorporation for a corporation in South Dakota, you must submit formation documents to the Secretary of State online for a $150 filing fee or by mail for a $165 filing fee.

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows. You can start the trademarking process on the U.S. Patent and Trademark Office's website. The application can be completed fairly quickly, but the entire process may take several months.

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

Normally a trademark appears on the product or on its packaging, while a service mark appears on advertising for the services. A trade name is an actual or assumed name of a business entity, not a name for a specific product or service.

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South Dakota License of Trade Name and Trademark with Option to Purchase