Tech Start-ups



Tech Start-ups should protect the name for their service or business by registering a Trademark on the name.  It is best to have a Trademark Lawyer research the name before you even begin.  That way, you will know whether you are going to be able to get a trademark on the name.  Then, you need to be prepared to have the lawyer file a trademark application right away before anyone else files for that name.  A trademark application can be filed on an "1B Intent to Use" basis.  That means you are reserving the name for when you get your tech business up and running.  If your website or online business is already up and running, your trademark(s) can be applied for on a "1A Already in Use" basis, which is faster and less expensive.

Failure to research and file a trademark on your proposed name can mean you never do get the name, or it can mean that a different business that is using the name will send you a Cease and Desist letter or even file a lawsuit against your company for using the name.

Tech start-ups also need a Terms of Service and Use, right from the start.  This is a contract on the website or app or platform that tells who can use it, how it can and cannot be used, how disputes will be resolved, how any payments will be made to or by the business, how Copyrights will be handled, and many other factors.  Such businesses also must give a Privacy Notice for the U.S. and for the European Union under the General Data Protection Regulation (GDPR).

Tech Start-ups may also be able to register Copyright on the images and writing used on their websites.  The Start-up must have a license and give credit to the creators of any writings or words provided by others.  

Copyright can also be registered on the Computer Code.  Source Code and Object Code are treated as Literary Works by the U.S. Copyright Office.


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