Is there a way to file a change of address form with a PO Box that has a street address as the mailing address then get the domicile address hidden? (I used Trademark Engine and they were unclear about everything. I wish I researched more before. I feel very cheated by them and now my address is viewable to the entire public. 😭 I thought I chose the privacy plan to hide my address but it was my EMAIL address. They told me that I can’t change my address to a PO Box or hide it now (after charging me for the premium privacy plan twice since I found the out my address was on there publicly). 10/10 don’t recommend them.)
The domicile address is not public - you can keep that as your home address (it is the actual physical location of the trademark owner) since only the USPTO can see it. But, the *mailing address* is public and the mailing address *can* be a PO Box. You can change this address but doing a CAR (change of address) using this form: www.uspto.gov/trademarks/apply/correspondence-and-attorneydomestic-representative I don't know what they said the address cannot be changed, but you can always change addresses -- it is a regular thing that happens since people move.
Should I even care if my home address is public? I've always known to not share your home address online so that's the only thing I am a little nervous about because my business is only online. Help please. Also if I trademark my business first can I go back later and create an LLC with that trademarked name? or would you suggest that I just create the LLC before the trademark. Thank You!
It really depends on the person, I'd say about 1/2 of my clients care and the other 1/2 don't care about using their home address. For me, since I have a youtube channel I can get creepy people who try to find me, but that's not true for every kind of business. Yes you can do the LLC later (you'd file an "assignment" to have the LLC own the trademark).
Hello and thank you for taking time out to make this video. I am in the process of trademarking my LLC's Name. I am wondering do I have to add the LLC in the trademark name? for example my business name is Bella's Fruits LLC but when I do the trademark application can I just put "Bella's Fruits"? I plan to expand and one day run a business that isnt an LLC. Thank you again and have a beautiful day!
Hi Elizabeth, this video is very informative. Thank you! I have a question and I’d like to hear what you say. I hired an attorney to file my trademark application. She mentioned there will be a slightly higher than 50% chance that the USPTO will issue a substantive partial refusal due to the likelihood of confusion with another registered trademark. And it will cost more money to argue it. What would you suggest if it is for your clients? I am debating if I should exclude that part of goods on the application since that will be a long term goal for my business anyway.
Greetings, Elizabeth. I've done some research that states that the USPTO doesn't accept P.O. boxes anymore (per, gerben law firm). I see that this video is 1 month old, which indicates otherwise to a certain degree. This leads me to question: 1: Are their any roadblocks to using a physical p.o. box for registering a trademark? Instant example: possible denial of application, mail not being sent out/returned, etc. 2: Let's say I pay for a p.o. box, and put that on my trademark application. If one doesn't feel the need to keep paying a monthly fee to uphold a physical p.o. box (say, with UPS); will the p.o. box address still be attached to the public trademark listing via "TESS," and everything from therein be sent to your physical domicile address? 3: How would virtual mailboxes work with trademark documents that need to be mailed to you? Do they email paperwork (renewals, lawsuit documents, etc) digitally? And if that doesn't go through, do they [USPTO] then send physical mail to your domicile address? My main gripe is that it's possible they do not accept p.o. boxes/virtual addresses. I'm trying to keep my ducks in a row and do not want to go through the hassle of setting up a p.o. box and/or a virtual address, just for them to say that it is unacceptable, and the need for an actual address is imperative. Bonus question: Do they accept logos designed from upwork/fiverr? I notice many creators on fiverr use the same logo design for different clients in rare cases. Thanks
You can use a PO Box (or other virtual mailbox) for the mailing address with the USPTO. You just have to use a physical real location address for the residency address (which is not public). They mail stuff to your mailing address. If you have someone else design the logo, they must assign the copyright to you for the purpose of trademarking. Yes there is a good chance that it is not trademarkable because many others already have the same logo.
Thanks Elizabeth, great video. Can we change domicile address later? Lets say I have virtual mailbox as mailing address and home address as domicile, can I change home address in less than 2 months or better option if I get lease signed for new place and us that to start in the first place?
Hopefully this requirement will help slow down the number of frivolous trademark applications and the fraudulent use of those applications to file claims against other shops and content on online marketplaces. The online selling platforms like Etsy, Amazon, Shopify, etc do not want to be the trademark police so they push it on the author/content creator to defend their IP. If you can't get the person who filed an infringement complaint to withdraw their complaint, you don't get very far with the marketplace platform usually. I imagine it is difficult to go after someone internationally with a suit to try to get them to stop fraudulently interfering with your business by misusing the trademark process.
That's a great point that I didn't discuss in the video -- there have been a flood of trademark applications so people can use them to get a hold of brand names on amazon and such, and also get social media handles. Yes I do hope that they find a way to stop these types of trademark applications that are wrongful
Hi Elizabeth, I need some clarification regarding an LLC and trademark. I'm in the process of starting my small business. I want to file it as an LLC. My problem is my business will be conducted outside of my residence where I will be utilizing a shared commercial kitchen. Do I have to wait to have a rental agreement with the commercial kitchen company prior to getting my business name or can I use my home address in the meantime and change the address once I sign the rental space when it becomes available for rent. I don't want anyone to take the name. Thank you so much in advance.
Is there a time limit for asserting your trademark (an infringing website passing off, in same trademark class)? Or if Ive left it for so long do I lose that right? I have active UK, EU and US trademark on it
There's usually not a specific time (statute of limitations) but it is true that if you have actual knowledge and do nothing, that can be a defense for them ("laches"). Here's an article that talks about how it can work www.wisbar.org/NewsPublications/InsideTrack/pages/article.aspx?volume=0&issue=0&articleid=25631
Can you please do a how to tutorial on the mbe / wbe ? A lot of people say how to and just read off the requirements, can you show us the step by step like you did the 2553 form?
@@ElizabethPW thank you so much you're god sent . Form 2553 was a breeze with your help. And if you're a established business I hope you look into a WBE form ! Great opportunities out there for us ♥️
Hi, I have an unrelated question. I opened an LLC this past January but my situation at work changed and I can't devote time to my business. Can I just devolve it now? Or do I have to wait for a whole year? I made about $2000 during this period, this money is seating in the account. What should I do? Thanks you so much for all the info you put out there.
Yes you can "wind up" the LLC and terminate it. To wind up the LLC, you need to follow whatever is in your Operating Agreement about "winding up" and terminating -- if you don't have an OA then generally you are paying off all debts and filing any filings that are due, then you shut down all aspects possible, file the termination/dissolution, and file the final tax return. In some states you file the final tax return before you terminate bc you need a letter from the tax office to show that no more taxes are due -- but that's not required in every state
Hi registered with a virtual business license when creating articles of incorporation. However, now I’m running into issues as I need a city business license, and the city I live does not accept virtual business addresses. Do you have any advice on other forms of business addresses that can be used?
Sometimes it can work to get a space at a co-working place (but that does not always work). Some cities are very hardcore and look up each address ... or if the city is small enough, they know what is in each building, themselves.
You can file with a virtual address (if you can create a login) but you will get an office action that you need to give your domicile (actual location), and if outside the US, you'd need to add a US attorney to the application
Elizabeth Can you do a video on recommendations for businesses mailboxes? I got rejected for using a street address (post office) . So I'm unsure how ro get my business license without using my personal address (I do business from home in CA). Thanks
I don't really know of a lawyer who does that, but you'd need to ask the lawyer about it. If you have a lawyer, the domicile can be anywhere, you just have to include it.
Hi, thank you for this video. If I have northwest as my registered agent and I use their address, can I use that address for trademark purposes? Thanks
I am not sure what you are asking. When you get a PO Box, it is for specific people or business who are listed on the application form. If a friend filled it out for you, then your name would not be the PO Box.
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Thank you so much! You provided clarity to something that was confusing to me in a way that made sense!
Glad it was helpful!
I wanted to know this! Right on time!
Great to hear!
Is there a way to file a change of address form with a PO Box that has a street address as the mailing address then get the domicile address hidden?
(I used Trademark Engine and they were unclear about everything. I wish I researched more before. I feel very cheated by them and now my address is viewable to the entire public. 😭 I thought I chose the privacy plan to hide my address but it was my EMAIL address. They told me that I can’t change my address to a PO Box or hide it now (after charging me for the premium privacy plan twice since I found the out my address was on there publicly). 10/10 don’t recommend them.)
The domicile address is not public - you can keep that as your home address (it is the actual physical location of the trademark owner) since only the USPTO can see it. But, the *mailing address* is public and the mailing address *can* be a PO Box. You can change this address but doing a CAR (change of address) using this form: www.uspto.gov/trademarks/apply/correspondence-and-attorneydomestic-representative I don't know what they said the address cannot be changed, but you can always change addresses -- it is a regular thing that happens since people move.
@@ElizabethPW thank you so much Elizabeth! You rock and have been such a big help 💕💕💕
Should I even care if my home address is public? I've always known to not share your home address online so that's the only thing I am a little nervous about because my business is only online. Help please. Also if I trademark my business first can I go back later and create an LLC with that trademarked name? or would you suggest that I just create the LLC before the trademark. Thank You!
It really depends on the person, I'd say about 1/2 of my clients care and the other 1/2 don't care about using their home address. For me, since I have a youtube channel I can get creepy people who try to find me, but that's not true for every kind of business. Yes you can do the LLC later (you'd file an "assignment" to have the LLC own the trademark).
Really appreciable video.
Thanks!
Hello and thank you for taking time out to make this video. I am in the process of trademarking my LLC's Name. I am wondering do I have to add the LLC in the trademark name? for example my business name is Bella's Fruits LLC but when I do the trademark application can I just put "Bella's Fruits"? I plan to expand and one day run a business that isnt an LLC. Thank you again and have a beautiful day!
No they do not want the LLC in the name because it is a "business entity designation" - you'd just put what you are using in your branding
THANK YOU LOL@@ElizabethPW
You are amazing! Thank you so much
You're welcome!
This is priceless ❤
❤️
Hi Elizabeth, this video is very informative. Thank you! I have a question and I’d like to hear what you say. I hired an attorney to file my trademark application. She mentioned there will be a slightly higher than 50% chance that the USPTO will issue a substantive partial refusal due to the likelihood of confusion with another registered trademark. And it will cost more money to argue it. What would you suggest if it is for your clients? I am debating if I should exclude that part of goods on the application since that will be a long term goal for my business anyway.
It can make sense to strategically pick a class and a description to avoid a trademark. Sometimes that works and sometimes it does not.
So can you use a virtual mailbox for Mailing Address but not for Domicile Address????? Thank you
Yes exactly
@@ElizabethPW Thank you very much!!!!!
If I file a trademark for a nonprofit can I be the owner of the mark ? I founded the NPO
Great info! Thanks.
Great to hear!
Greetings, Elizabeth.
I've done some research that states that the USPTO doesn't accept P.O. boxes anymore (per, gerben law firm). I see that this video is 1 month old, which indicates otherwise to a certain degree. This leads me to question:
1:
Are their any roadblocks to using a physical p.o. box for registering a trademark? Instant example: possible denial of application, mail not being sent out/returned, etc.
2:
Let's say I pay for a p.o. box, and put that on my trademark application. If one doesn't feel the need to keep paying a monthly fee to uphold a physical p.o. box (say, with UPS); will the p.o. box address still be attached to the public trademark listing via "TESS," and everything from therein be sent to your physical domicile address?
3:
How would virtual mailboxes work with trademark documents that need to be mailed to you? Do they email paperwork (renewals, lawsuit documents, etc) digitally? And if that doesn't go through, do they [USPTO] then send physical mail to your domicile address?
My main gripe is that it's possible they do not accept p.o. boxes/virtual addresses.
I'm trying to keep my ducks in a row and do not want to go through the hassle of setting up a p.o. box and/or a virtual address, just for them to say that it is unacceptable, and the need for an actual address is imperative.
Bonus question:
Do they accept logos designed from upwork/fiverr? I notice many creators on fiverr use the same logo design for different clients in rare cases.
Thanks
You can use a PO Box (or other virtual mailbox) for the mailing address with the USPTO. You just have to use a physical real location address for the residency address (which is not public). They mail stuff to your mailing address.
If you have someone else design the logo, they must assign the copyright to you for the purpose of trademarking. Yes there is a good chance that it is not trademarkable because many others already have the same logo.
@Elizabeth Potts Weinstein Thanks Liz 💐
I just read the same thing before I found this video and had the same thought when I saw how recent this video was.
Thanks Elizabeth, great video. Can we change domicile address later? Lets say I have virtual mailbox as mailing address and home address as domicile, can I change home address in less than 2 months or better option if I get lease signed for new place and us that to start in the first place?
Yes you can change that later. The change of address forms can be filed online for no additional USPTO fee
Hopefully this requirement will help slow down the number of frivolous trademark applications and the fraudulent use of those applications to file claims against other shops and content on online marketplaces. The online selling platforms like Etsy, Amazon, Shopify, etc do not want to be the trademark police so they push it on the author/content creator to defend their IP.
If you can't get the person who filed an infringement complaint to withdraw their complaint, you don't get very far with the marketplace platform usually. I imagine it is difficult to go after someone internationally with a suit to try to get them to stop fraudulently interfering with your business by misusing the trademark process.
That's a great point that I didn't discuss in the video -- there have been a flood of trademark applications so people can use them to get a hold of brand names on amazon and such, and also get social media handles. Yes I do hope that they find a way to stop these types of trademark applications that are wrongful
can I use my registered agent as the mailing address and if not, can I use an address I have out of state
It depends on the registered agent -- you need to ask them
Hi Elizabeth, I need some clarification regarding an LLC and trademark. I'm in the process of starting my small business. I want to file it as an LLC. My problem is my business will be conducted outside of my residence where I will be utilizing a shared commercial kitchen. Do I have to wait to have a rental agreement with the commercial kitchen company prior to getting my business name or can I use my home address in the meantime and change the address once I sign the rental space when it becomes available for rent. I don't want anyone to take the name. Thank you so much in advance.
Yes you can change the address after you have signed the rental agreement
Is there a time limit for asserting your trademark (an infringing website passing off, in same trademark class)? Or if Ive left it for so long do I lose that right? I have active UK, EU and US trademark on it
There's usually not a specific time (statute of limitations) but it is true that if you have actual knowledge and do nothing, that can be a defense for them ("laches"). Here's an article that talks about how it can work www.wisbar.org/NewsPublications/InsideTrack/pages/article.aspx?volume=0&issue=0&articleid=25631
@@ElizabethPW thankyou, thats very helpful. Ill look into proceeding and just tackle it once and for all
Can you please do a how to tutorial on the mbe / wbe ? A lot of people say how to and just read off the requirements, can you show us the step by step like you did the 2553 form?
That's an interesting idea -- I have not filed that myself but I can check out the forms and see if I'm able to do that
@@ElizabethPW thank you so much you're god sent . Form 2553 was a breeze with your help. And if you're a established business I hope you look into a WBE form ! Great opportunities out there for us ♥️
Will the Signatory’s name be public record?
I don't think it is in a publicly accessible database but yes it is in a USPS record that can be accessed by other government agencies
Hi, I have an unrelated question.
I opened an LLC this past January but my situation at work changed and I can't devote time to my business.
Can I just devolve it now?
Or do I have to wait for a whole year?
I made about $2000 during this period, this money is seating in the account.
What should I do?
Thanks you so much for all the info you put out there.
Yes you can "wind up" the LLC and terminate it. To wind up the LLC, you need to follow whatever is in your Operating Agreement about "winding up" and terminating -- if you don't have an OA then generally you are paying off all debts and filing any filings that are due, then you shut down all aspects possible, file the termination/dissolution, and file the final tax return. In some states you file the final tax return before you terminate bc you need a letter from the tax office to show that no more taxes are due -- but that's not required in every state
@@ElizabethPW thanks!!
Hi registered with a virtual business license when creating articles of incorporation. However, now I’m running into issues as I need a city business license, and the city I live does not accept virtual business addresses. Do you have any advice on other forms of business addresses that can be used?
Sometimes it can work to get a space at a co-working place (but that does not always work). Some cities are very hardcore and look up each address ... or if the city is small enough, they know what is in each building, themselves.
on uspto there is option with out attorney i am out side of USA can i go with their buy using Virtual address
You can file with a virtual address (if you can create a login) but you will get an office action that you need to give your domicile (actual location), and if outside the US, you'd need to add a US attorney to the application
Elizabeth Can you do a video on recommendations for businesses mailboxes? I got rejected for using a street address (post office) . So I'm unsure how ro get my business license without using my personal address (I do business from home in CA). Thanks
I just recorded one (but have not edited it yet), so keep an eye out for it!
@@ElizabethPW will do thanks
Question. can the lawyer domicile be used if i hire one to do my trademark?
I don't really know of a lawyer who does that, but you'd need to ask the lawyer about it. If you have a lawyer, the domicile can be anywhere, you just have to include it.
Hi, thank you for this video. If I have northwest as my registered agent and I use their address, can I use that address for trademark purposes? Thanks
Hm I don't know if they allow that! Here's their number to check with them: 509-768-2249
@@ElizabethPW thank you very much, will find out
What is time to see if I can find a friend to the PO Box? Can you please give me a Mesa Sur but please
I am not sure what you are asking. When you get a PO Box, it is for specific people or business who are listed on the application form. If a friend filled it out for you, then your name would not be the PO Box.
This is not true. Uspto doesn't allow virtual anymore
Not sure if you watched the video but yes, I addressed that.
Dear Elizabeth , do you have an account on fiverr providing your services there?
Nope! Right now the main way people work with me is via Patreon. www.patreon.com/elizabethpw