How do I trademark my business name, and what forms do I need in order to do this ?,

I was told by another small business owner that you can trademark your business name, then you are able to lease your business name back to your business, and take 7 % of the gross off the top of income, to reduce the amount of taxes you pay. Does the business have to be incorporated in order to take advantage of this.
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Answers (4)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
If you use your business name in advertising or on the product or service, you can trademark it if certain requirements are met.

Getting the written documentation you have is a good place to begin. Contact a local lawyer - many may give you a free consultation - to discuss your specifics. Far too many variables exist in the short post you wrote for any further observation by me. Many Knoxville attorneys have information posted here on Avvo.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

No one can know what the record is in the case because online we cannot see your documents. You need a lawyer to trademark this right. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Lev Konstantyn Martyniuk

Lev Konstantyn Martyniuk

Contributor Level 5
Your friend's approach is trying to do an IP Holding Company. There's no right to a 7% reduction. He's just paying a license fee from his Company A to his Company B. He'll pay tax on both ends of the transaction - from both of his corporations or LLCs. While you may reduce Company A's income by the 7% that income will now flow to Company B that owns and licensed the trademark - and it will have to pay tax on the 7% or pass it thru to you the owner and now you'll pay tax on that amount.

As currently structured it's really a shell game. It only makes sense if you understand what IP Holding Companies can do and how to tie it with other legitimate tax reduction concepts.

Go see a tax lawyer.

Disclaimer: I am offering this information for educational purposes only. I am not your attorney. You should speak to a lawyer in your state.
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Lev Konstantyn Martyniuk

Lev Konstantyn Martyniuk

Contributor Level 5
Your friend's approach is trying to do an IP Holding Company. There's no 7% tax-free reduction. He's just paying a license fee from his Company A to his Company B. He'll pay tax on both ends of the transaction - from both of his corporations or LLCs. While you may reduce Company A's income by the 7% that income will now flow to Company B that owns and licensed the trademark - and it will have to pay tax on the 7% or it'll pass it thru to you the owner and now you'll pay tax on that amount. Same result.

As currently structured it's really a shell game. It only makes sense if you understand what IP Holding Companies can do and how to tie it with other legitimate tax reduction concepts.

Go see a tax lawyer.

Disclaimer: I am offering this information for educational purposes only. I am not your attorney. You should speak to a lawyer in your state.
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Laura Mcfarland-Taylor

Laura Mcfarland-Taylor

Contributor Level 8
You should consult with a knowledgeable tax attorney before attempting this - the IRS does not take kindly to "shell" games and you may end up paying more in taxes than you bargained for.
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