When you’re opening up your first company, it is vital to take into consideration all the factors that contribute to success. That includes capital, product quality and location. Location can make or break your business, and so it is crucial to get it right. Keep reading to find out what you should keep in mind when you’re deciding on a location for your venture.

What People Want and Need

You might have a passion for skiing and other sports that are related to snow, but if you currently live in a sunny climate, such as Texas or Florida, you might not find enough clientele to sell to. Wealthworks points out that the product or service you are seeking to provide addresses the needs of the people around you. For instance, mountain biking is one of the most popular sports in the U.S., and many of the most successful cycling companies are located in or near mountainous states, such as California, Colorado, and New Mexico.

Seek Growth

Statistics from locations across the country can attract companies with the promise of low taxes and a strong economy. Some states balance a growing population with lower unemployment rates, which can indicate the health of the local economy. This is very similar to the situation in the Utah Valley. According to Utah Valley Chamber, this area of the country is growing quickly in large part due to economic advantages such as a 2.8% unemployment rate compared to the nation’s average of 3.9%.

No matter what, as a business owner, you should always conduct your own due diligence before settling on a certain location.

Tax Treatment

Each state – and country – treats corporate entities differently from a tax perspective. For example, some states such as Florida, Wyoming and Texas have minimal or no corporate income taxes, but other considerations may cloud that seemingly amazing benefit. The experts at ScaleUPCheckUP, in association with our professional and corporate strategic partners throughout the country and the world, can help guide you to make the best decision from a tax perspective with due attention to other relevant considerations as well.

Competition

Although competition may be good for the consumer, it certainly isn’t for you. Before establishing your company, Repsly advises always taking an audit of the competition nearby. Ask yourself, can I compete with them? Do they hold a monopoly here? How far away are they from my area? Answering these questions will allow you to estimate how successful your company could be if you decide to settle your business at that location. Please remember that the ScaleUPCheckUP team can prepare a market analysis and/or feasibilty study at any point during your business’s development, which can be followed up by a comprehensive Business Plan and/or Strategic Plan.

Choosing the location of your business is one of the most common concerns for a business owner. After all, your chosen location will ultimately determine the level of success and growth your business can potentially achieve. Be sure to do your research and find the best location for not only your business but your goals.

And don’t forget that the team at ScaleUPCheckUP is here to help you with ALL of your location needs – from working with our expert team of professional licensed realtors to assist in choosing the right building in which to to set up your business to finding the perfect lease to choosing your home or place to live – including negotiating and drafting all of the necessary contracts and documents to ensure safe, secure location choices – every single time!  Don’t underestimate the importance of full-service real estate and legal teams – that understand how each spoke of the wheel impacts the other spokes!

And, once we have worked with you to help you choose the perfect location(s), click here to read some key things to consider when expanding your business with the guidance of ScaleUPCheckUP! And, don’t forget about the importance of a ScaleUPCheckUP Success Plan – a customized blueprint designed by our experts to serve as a roadmap for your business’s next steps into the future!

The key is DON’T DO IT ALONE – your success depends staying in your lane and doing what you do best – building your business! So, STAY IN YOUR LANE and let us help create a GPS for your business helping you navigate to your desired destination. All while helping you avoid being directionless and overwhelmed!

ScaleUPCheckUP’s blog, website, newsletter and other forms of communication contain general information about legal and related matters. The information is not legal, financial, or investment advice and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.

The post How Location! Location! Location! Affects the Success of Your Business appeared first on E-Council Global.

First, it is a bedrock principle of service mark and trademark law that the first user of a service mark or trademark owns the trademark or service mark if conflicts arise with rival claimants.  I will use the word “mark” to collectively refer to the term service mark and trademark.  Once the basic rights in a mark are acquired upon its initial use, a business may supplement or extend those rights by registration of the trademark.  Registration of a mark with the United States Patent and Trademark Office has several advantages (which will not be discussed in this article).  However, an unregistered mark may still have rights by common law trademark law.

Section 33(b)(5) codifies the benefits that a common law trademark owner may have. Section 33(b)(5) of the Lanham Act states the following:

(5) That the mark whose use by a party is charged as an infringement was adopted without knowledge of the registrant’s prior use and has been continuously used by such party or those in privity with him from a date prior to (A) the date of constructive use of the mark established pursuant to section 1057(c) of this title, (B) the registration of the mark under this chapter if the application for registration is filed before the effective date of the Trademark Law Revision Act of 1988, or (C) publication of the registered mark under subsection (c) of section 1062 of this title: Provided, however, That this defense or defect shall apply only for the area in which such continuous prior use is proved;

Section 33(b)(5) is a defense for a defendant or an accused infringer that has been unknowingly using a mark in a geographic area different from the geographic area of the registered mark.  For section 33(b)(5) to apply, the accused infringer would have to be unknowingly and continuously using the mark in a different geographic area before the registered mark’s owner filed an application to register the mark. Take the following example:

A begins use of a mark in a one geographic area.  Then B begins use of the same mark in a different geographic area in good faith, without knowledge of A’s use. Both A and B would have common law rights to the mark in their respective territories. Then A applies for and obtains a federal registration for the mark.

Under Section 33(b)(5), in the example above, B retains rights only in the territory in which it was the prior user up to A’s application date.

Section 33(b)(5) may be very helpful to owners of unregistered marks.  However, keep in mind that Federal registration of the mark by A has the practical effect of FREEZING B’s rights thereby terminating ANY right to future expansion beyond B’s common law trademark’s existing territory.  While, registration of a mark is not legally necessary, the examples briefly discussed in this article illustrate the importance of registering a mark to protect of your brand. The trademark attorneys at The Plus IP Firm have advised numerous clients regarding their common law and registered trademark rights.  If you have any questions regarding your trademark rights given the use of your trademark on the internet, the attorneys at The Plus IP Firm are available to answer any questions that you may have.  To schedule a free consultation, click HERE.  For more information about Derek Fahey, this article’s author, click HERE.

While the above is not and should not be considered legal advice, since circumstances vary, ScaleUPCheckUP monitors these rapidly developing issues, as enforcement of the law switches into high gear. Instead, the foregoing is intended as an overview and not legal advice, nor does it create an attorney-client relationship. However, contacting an attorney to steer through the maze of bureaucracy to register and defend a mark may very well be necessary to consult an attorney.

ScaleupCheckup ’s blog, website, newsletter and other forms of communication contain general information about legal and related matters. The information is not legal advice and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.

The post Section 33 (b)(5) Defenses For Common Law Trademark Owners appeared first on E-Council Global.