News & Insights

Understanding USPTO Trademark Classes: A Guide for Businesses

trademark written in a brand strategy book for NJ trademark attorney

If you’re considering registering a trademark, one of the most important steps in the process is properly identifying the class—or classes—of goods or services your mark will cover. The U.S. Patent and Trademark Office (USPTO) organizes trademarks into 45 different classes, and each application must specify the relevant ones.

But here’s the good news: you don’t need to figure that out on your own.

Choosing the right trademark classes is a legal and strategic decision that your trademark and business attorney will handle as part of the application process. At our firm, we work closely with clients to understand how their brand is used (or will be used) in the marketplace and ensure that the application reflects the full scope of their business activities.

In this post, we’ll give you an overview of how the classification system works, what it means for your trademark rights, and how attorneys use it to build strong, enforceable protection for your brand.

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The Benefits of a PPM

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Many individuals and business owners operate under the incorrect assumption that when looking to raise capital, they can simply sell securities to any person on the street. However, the general rule is that any public offering of a security must be registered with the SEC, unless an exemption exists.

For many small businesses, registration with the SEC is not feasible due to the expense. Luckily, several exemptions from registration are offered. Some of the most common exemptions are found under regulation D (specifically Rule 506, which is a Safe Harbor under Section 4(a)(2)). Yes, it’s confusing. A Private Placement Memorandum (or PPM) is a document that businesses use to take advantage of such exemptions.

Read on to learn more about PPMs and how they can benefit your business when raising capital.

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New York Cannabis Law and Licensing: A Brief Overview

oil hemp

In recent years, the legal landscape around cannabis has undergone a significant transformation, especially in New York. As New York joins a growing list of states to legalize recreational cannabis use, businesses and individuals must familiarize themselves with the state’s specific regulations. In this blog post, we’ll provide a concise overview of New York’s cannabis laws, focusing on the various license types available.

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Key Provisions of an LLC Operating Agreement

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When forming a multi-member Limited Liability Company (LLC) (i.e., an LLC with more than one owner), one of the most critical steps is drafting a comprehensive LLC operating agreement. This legal document sets the foundation for the business’s operations and management, and understanding its common provisions is crucial for any entrepreneur. In this blog post, we delve into some of these key provisions of an LLC operating agreement to help you navigate this important aspect of your business.

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What is a SAFE?

A provision of a SAFE that says raising capital on a paper and glasses.

Raising capital is among the top priorities of startup companies. As a result, startups receive money from investors in various ways. One of those ways is through a Simple Agreement for Future Equity (SAFE). A Silicon Valley accelerator, Y combinator, created this document in 2013 to allow startups to structure seed capital without interest or maturity dates. Specifically, a SAFE is a legally binding contract that permits an investor to buy shares in a company for an agreed-upon price at some time in the future.

As you consider your options to seed your startup, you should understand the benefits and disadvantages of SAFEs and how they differ from convertible notes.

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Do I Have a Trade Secret?

trade secret

If you are a start-up founder or business owner, you may wonder whether the special practices or proprietary information that make your business unique qualify as trade secrets under state or federal law. In this blog, we’ll provide five questions to ask, to determine if you have a protectable trade secret.

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