1) I have a business name I would like to trademark.
2) Technically the business will provide in-person medical consultation as well as education so it will be a service mark. Basically, it will be a medical practice.
3) I am not certain yet if the business will be run out of WA or UT and likely will not know the answer to this question until 2020.
4) I am aware you need commerce (“transactions”) to actually protect a trademark/servicemark.
5) I have had some clients already write me some nominal checks to “BUSINESS NAME c/o myself” but have not deposited these yet because I do not have a business banking account yet.
6) In order to do that I need to establish a business in my current state of residence which is WA however I am not sure if I will be staying here or moving to UT in a year.
7) Also, I am not sure if it is worth the hassle of establishing a business here and setting up a separate bank account merely to deposit $49 or would this help protect my service mark?
8) I already own the domain name, set up a Gmail account.
9) Not sure how I should proceed from here?
10) Any advice would be appreciated.
You can register a trademark with the WA Sect. of State: https://www.sos.wa.gov/corps/trademarks.aspx and the USPTO: https://www.uspto.gov/trademark.
It is also recommended that you register with the DOR and local government.
Using a trademark can help to establish your ownership of it.
[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]
It is unclear what your specific question is. If you are asking about how to establish trademark rights to your brand, you can do the same by using the mark in question in association with your goods and services (assuming no one else has prior title). Assuming you are seeking federal protection for such mark, you only need to use it in interstate commerce, regardless of where your business is located.
Working with a qualified Washington state intellectual property attorney with trademark experience can help you to further assess your trademark rights. Good luck!
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