Small business trademark

Tough question because you raise issues not only about trademark use but also duty of loyalty and fiduciary obligations to the company as an owner/officer. Trademarks come from use and registration of TM's is not considered perfection but rather notification to others that you are using it. Even if you can claim that you have usage of the mark, you will have to overcome a claim of misapproriation of company property (the TM's). The analogy would be someone working for CocaCola and the employee finds out a new line of a softdrink and the name of it. The employee goes out and files a intent to use application with the PTO before coke does for the unique name. The employee will probably be sued for misappration and for breach of fiduciary duty and probably a bunch of other allegations. Short answer is think of another way to get leverage. You might want to work with the company to get the marks registered and then get an appraiser to value the goodwill of the marks. You might be pleasantly surprised at how valuable your marks have become over time. Definetly speak to an experienced trademark attorney for additioanl guidance. Hope this helps.

Before you can sell a mark, you must start using the mark as a mark. You can do this without registering the mark.

AFTER you start using the logo and slogan as common-law trademarks, you'll need to speak with an attorney who practices trademark law to determine whether your mark can be registered in the US Patent & Trademark Office's Principal Register. You're of course welcome to call me, but there are piles of trademark lawyers closer to you on the West Coast. If it is not, you may still be able to register the mark with your state's trademark register.

AFTER you start using your marks as common-law trademarks, and perhaps register them, you may be able to use the marks as leverage in a buyout (leveraging marks is done all the time). The value of a trademark is based on its recognition in the marketplace. If you have not been consistently using and designating your logo and slogan as trademarks, they can't be recognized as marks in the marketplace. I don't know how much good "purchasing" an unknown mark would do you as buyout leverage. It's perfectly legal to do so as long as it's done properly -- again, something a trademark attorney can help you with.

Good luck!

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