Businesses sometimes discover that another company already uses a trademark that is identical or similar to the mark they want to register. That does not always mean the new brand must be abandoned.
In some situations, the parties may be able to enter into a trademark consent agreement that allows both businesses to use or register their marks under agreed terms.
These agreements can be useful when the parties believe their respective uses of the marks can coexist without creating a likelihood of confusion. However, a consent agreement does not automatically
guarantee that the USPTO will approve a trademark application.
For foreign entrepreneurs considering a business in the United States, the E-2 Treaty Investor visa can provide a way to enter the country to develop and direct a qualifying U.S. business.
One of the central requirements is the investment itself. The E-2 rules do not simply focus on how much money an investor has available. They also consider how the funds are committed, whether the investment is substantial in relation to the business, whether the investment is subject to commercial risk, and whether the business is a genuine commercial enterprise.
When a business applies for a U.S. trademark, it must identify the goods or services connected to the mark. Those goods and services are organized into international trademark classes used by the United States Patent and Trademark Office (USPTO).
For business owners, understanding trademark classes is important because a trademark registration is tied to the goods or services identified in the application. The class number is part of that process, but the specific goods or services listed are also important in determining the practical scope of the registration.
Businesses that rely on skilled foreign workers have spent the past year following one of the most closely watched changes to the H-1B program in recent memory. A presidential proclamation introduced a $100,000 payment requirement for certain new H-1B petitions. Court challenges followed, and the requirement now sits between conflicting rulings, a presidential extension, and a separate proposed rule.
Businesses regularly use service agreements when working with consultants, agencies, technology providers, contractors, and other service providers. A service agreement can help define what each party is expected to do and establish the terms governing the relationship.
However, a contract may not provide much protection if important terms are vague, incomplete, or inconsistent with the way the parties actually intend to work together.
A well-drafted service agreement should clearly reflect the commercial arrangement and address the issues that may create uncertainty or disputes later.