Steps

1
Web Searches

Search domain names to see if your company name is available (who is):
• www.garsondesign.com/register.html
• www.register.com

Search yellow pages for similar company name:
• www.smartpages.com

2
City Level

Business License
Filing a fictitious business name statement does not license you to conduct business, it will only register your fictitious business name. Contact the appropriate local agency to obtain a business license.
For within city limits
• Fairfield
• Suisun
• Vacaville
• Dixon
• Benicia
• Vallejo
• Rio Vista

Solano County
http://www.solanocounty.com/

Business License
For outside of city limits but in Solano County
Solano County TTCCC
Attn: Business License Processing
600 Texas Street, Suite 105
Fairfield, CA 94533
Hours of operation: 8:30 - 4:00 P.M. Monday - Friday
Phone (707) 421-7485

http://www.solanocounty.com/
SubSection/SubSection.asp?NavID=554

Filing of Ficticious Name Statement

Filing Requirement:
State law (Business & professions §17910) requires that every person, partnership, corporation, or other association, who regularly transacts business in this State for profit under a fictitious business name, shall file a statement with the County Clerk.

Newspaper Publication Requirement:
Within 30 days after the statement has been filed, the registrant shall cause it to be published in a newspaper of general circulation in the County in which the business is located, and the Affidavit of Publication filed with the County Clerk within 30 days after the completion of the publication.
If your company name doesn't include your last name.
http://www.solanocounty.com/
SubSection/SubSection.asp?NavID=546

Secretary of State
Trademarks/Service Marks
1500 11th Stree, 3rd Floor
Sacramento, CA 1-916-653-4984

• FAQs:
www.ss.ca.gov/business/ts/ts_faq.htm 05/04

• Downloadable forms, fees $30 - 70:
The forms provide the minimum filing requirements of the California Business and Professions Code, and are not intended to provide legal or business advice. If you have specific legal questions or concerns you should contact a private attorney.
www.ss.ca.gov/business/ts/ts_
formsfees.htm

Referral of Private Service Companies:
www.ss.ca.gov/business/bpd_service_
companies.htm

United States Patent and Trademark Office (USPTO)
www.uspto.gov

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6
Professional Services

Trademarking service companies:

Companies provide:

Trademark checks & Searches:
~$250 and up (registration is extra)

Application Prep & Filing:
~$150 and up

Fed filing fee:
Application: $335.00 other fees possible ~$100

State filing fees:
Application: ~$30 - 70

Total Costs:
~$250 + $150 + ~$70 = ~$470

Other services:
Logo Design Federal Trademark Research:
~$300 - 450

Competitive Checks:
~$25 min. at $100/hr

Trademark Monitoring:
~$200/6month period

Attorney Referral Services:
Free if there are infringements on your logo

Companies:

www.tmexpress.com

www.4trademark.com

Copyright Info:
www.copyright.gov/

Definition:
www.si.edu/copyright/ 10/03

Searched GDS jobs:

4760.02.03AmWdwrks-Promo
4773.05.03Wlms-Promo

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What is the difference between a Trademark, Service Mark, and Trade Name?

Common Law
Without any registration you are still covered, but it is harder to prove in court if someone infringes on your name/logo. It depends on who has been using the mark/logo the longest (usually at least 5 years), who has been using it on product/services and is visible to the public eye the most. Similarities are much more narrowly defined under common law for sound, appearance and meaning (easier if unique or made up words) than for registered or pending trademarks.

Trademark
A word, name, symbol, or device, or any combination thereof adopted and used by a person to identify goods made or sold by him/her and to distinguish them from goods made or sold by others. (Business and Professions Code 14207)
Symbol: TM
Example: Pepsi™

Service Mark
A mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others. (Business and Professions Code 14206)
Symbol: SM
Example: AT&T

Trade Name
A word, name, symbol, or device, or any combination thereof used by a person to identify his business, vocation, or occupation, and distinguish it from the business, vocation, or occupation of others. (Business and Professions Code 14208)

Copyright
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do certain things. Click for more info.
Symbol: ©
Example: A song, book, article

What symbol (™, sm or ®) should be used?
These symbols can be used as a means of claiming legal rights to the trademark. It is not required to have an application pending on a federal or state level to use the ™ or "sm" symbols. The ® may only be used upon completion of registration with the USPTO. If the ® is misused, the USPTO can deny attempts for future registration.

More info:
www.tmexpress.com

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i707 428-1743

imail@garsondesign

iwww.garsondesign