Legalities of Essence Soap Company
Registration Forms and Licenses
Without a specific type of business, the registration process and license agreements will be incomplete. In order to fulfill the legal standards according to the City and County of Honolulu, a specific entity of business is necessary.
1. Collaboration is advised because a clear understanding between the type of business entities will promote future success of the company. the main entities of business is a CORPORATION, PARTNERSHIP (General, Limited, LLLP), and LLC. Below is a comparison chart of the various entities of business:
http://files.hawaii.gov/dcca/bac/business_entity_comparison_chart.pdf
2. Once an entity of business is known, registering Essence Soap Company follows suit and enables future business in Hawaii. According to the type of business, the following link provides all the forms necessary for completion. BASED ON response, this step can't have the following questions answered like in step 3 and 4.
http://cca.hawaii.gov/breg/registration/registration-form-info/
3. An Application for Reservation of Name ( Form X-1 ) provides the local community and government information that a new company or development is available.
http://cca.hawaii.gov/breg/files/2015/02/X-1-.pdf
4. To be considered a business in the City and County of Honolulu, an Articles of Incorporation ( Form DC-1 ) needs to be completed and signed appropriately. The instructions and actual pdf form are provided below:
http://files.hawaii.gov/dcca/breg/registration/forms/dc-1-instr-pdf.pdf
http://files.hawaii.gov/dcca/breg/registration/forms/dc-1-pdf.pdf
The files below provides the Application for Reservation of Name (Form X-1) and Registration of Statement for Partnership (Form GP-1) forms.
1. Collaboration is advised because a clear understanding between the type of business entities will promote future success of the company. the main entities of business is a CORPORATION, PARTNERSHIP (General, Limited, LLLP), and LLC. Below is a comparison chart of the various entities of business:
http://files.hawaii.gov/dcca/bac/business_entity_comparison_chart.pdf
2. Once an entity of business is known, registering Essence Soap Company follows suit and enables future business in Hawaii. According to the type of business, the following link provides all the forms necessary for completion. BASED ON response, this step can't have the following questions answered like in step 3 and 4.
http://cca.hawaii.gov/breg/registration/registration-form-info/
3. An Application for Reservation of Name ( Form X-1 ) provides the local community and government information that a new company or development is available.
http://cca.hawaii.gov/breg/files/2015/02/X-1-.pdf
4. To be considered a business in the City and County of Honolulu, an Articles of Incorporation ( Form DC-1 ) needs to be completed and signed appropriately. The instructions and actual pdf form are provided below:
http://files.hawaii.gov/dcca/breg/registration/forms/dc-1-instr-pdf.pdf
http://files.hawaii.gov/dcca/breg/registration/forms/dc-1-pdf.pdf
The files below provides the Application for Reservation of Name (Form X-1) and Registration of Statement for Partnership (Form GP-1) forms.
Application for Reservation of Name (Form X-1) | |
File Size: | 116 kb |
File Type: |
Registration of Statement for Partnership (Form GP-1) | |
File Size: | 106 kb |
File Type: |
The following will ensure the protection and growth of Essence Soap Company. By contributing to this form, a clear understanding of the company's agreements and plans in aclearly stated document. Although some information is known, this documents the details for a reference and avoids hearsay (word of mouth).
Since Essence Soap Company theoretically sells skin care products, it is followed under CLASS 3 (Cosmetics and Cleaning Preparations) in the "Trademark Classification of Goods". The link for clarification is provided below:
http://files.hawaii.gov/dcca/breg/registration/trade/TRADEMARK_CLASSIFICATIONS_OF_GOODS.pdf
Once a product is sold, there may be various impacts on the patron. Whether there is a complaint, refund demand, etc.,According to the "Service Mark Classifications of Services", Essence Soap Company falls under CLASS 44 (Medical, Beauty, and Agricultural). Below, clarification is provided:
http://files.hawaii.gov/dcca/breg/registration/trade/SERVICE_MARK_CLASSIFICATIONS_OF_SERVICES.pdf
Common Terms:
-Trademark: Protects a company's or manufacturer's name, terms, or symbols to distinguish the source of the product or service.
-Licensor: Owner of the trademark and can utilize it.
-License: Do not confuse with an assignment (a transfer of the ownership of the trademark). Instead, it is an agreement to "lend" the trademark.
-Licensee: Individual(s) who are receiving permission to use agreed-upon products or services associated with the trademark.
-Trademark License: An agreement between negotiating parties (like a written form) and should be registered with the United States Patent and Trademark Office (USPTO). This notifies the public about the company's ownership and rights to use the mark.
-Service Mark: A product, such as customer service is provided to a customer.
-Trade Name: The product's name known to the public.
FAQ:
1. Registration of Trade Name with Dept. Ensures Ownership
Ownership is NOT granted. Acknowledging this prevents legal issues in the future. When it is used before the public, only then does one have the claim to own a trade name.
2. Significance of Trade Name Registration
Common Advantages:
-Rights are claimed to use the trade name
-Notifies who else is using the trade name upon registration
-If registered, individual/entity name shows up
-Avoids legal disputes and fees
3. Monitoring of the Trade Name
Department WON'T. The department will only monitor to ensure no one else in business has a "substantially identical" trade name. Make sure research is done to prevent other state businesses to file lawsuits.
4. Golden Rule of Trade Name Ownership
"Active and Continuous use" of the name claims the right of ownership.
5. Revoke Earlier Registration
If the trade name was registered but wasn't used for a year, revocation is permitted.
6. Valid Registration
Since July 1, 2003, the registration of a trade name lasts for five years. Time during the six months BEFORE the expiration is suggested to renew the trade name. Notices are not sent out it is one's responsibility to remember and avoid legal issues.
http://files.hawaii.gov/dcca/breg/registration/forms/TN-INFO.pdf
Provided below, a list of the forms will need to be filled out through your responses. Signatures will be asked in class.
1. Application for Registration of Trade Name ( Form T-1 )
http://cca.hawaii.gov/breg/files/2014/11/t-1.pdf
2. Application for Registration of Trademark ( Form T-2 )
http://cca.hawaii.gov/breg/files/2014/11/t-2.pdf
3. Application for Registration of Service Mark ( Form T-3 )
http://cca.hawaii.gov/breg/files/2014/11/t-3.pdf
Since Essence Soap Company theoretically sells skin care products, it is followed under CLASS 3 (Cosmetics and Cleaning Preparations) in the "Trademark Classification of Goods". The link for clarification is provided below:
http://files.hawaii.gov/dcca/breg/registration/trade/TRADEMARK_CLASSIFICATIONS_OF_GOODS.pdf
Once a product is sold, there may be various impacts on the patron. Whether there is a complaint, refund demand, etc.,According to the "Service Mark Classifications of Services", Essence Soap Company falls under CLASS 44 (Medical, Beauty, and Agricultural). Below, clarification is provided:
http://files.hawaii.gov/dcca/breg/registration/trade/SERVICE_MARK_CLASSIFICATIONS_OF_SERVICES.pdf
Common Terms:
-Trademark: Protects a company's or manufacturer's name, terms, or symbols to distinguish the source of the product or service.
-Licensor: Owner of the trademark and can utilize it.
-License: Do not confuse with an assignment (a transfer of the ownership of the trademark). Instead, it is an agreement to "lend" the trademark.
-Licensee: Individual(s) who are receiving permission to use agreed-upon products or services associated with the trademark.
-Trademark License: An agreement between negotiating parties (like a written form) and should be registered with the United States Patent and Trademark Office (USPTO). This notifies the public about the company's ownership and rights to use the mark.
-Service Mark: A product, such as customer service is provided to a customer.
-Trade Name: The product's name known to the public.
FAQ:
1. Registration of Trade Name with Dept. Ensures Ownership
Ownership is NOT granted. Acknowledging this prevents legal issues in the future. When it is used before the public, only then does one have the claim to own a trade name.
2. Significance of Trade Name Registration
Common Advantages:
-Rights are claimed to use the trade name
-Notifies who else is using the trade name upon registration
-If registered, individual/entity name shows up
-Avoids legal disputes and fees
3. Monitoring of the Trade Name
Department WON'T. The department will only monitor to ensure no one else in business has a "substantially identical" trade name. Make sure research is done to prevent other state businesses to file lawsuits.
4. Golden Rule of Trade Name Ownership
"Active and Continuous use" of the name claims the right of ownership.
5. Revoke Earlier Registration
If the trade name was registered but wasn't used for a year, revocation is permitted.
6. Valid Registration
Since July 1, 2003, the registration of a trade name lasts for five years. Time during the six months BEFORE the expiration is suggested to renew the trade name. Notices are not sent out it is one's responsibility to remember and avoid legal issues.
http://files.hawaii.gov/dcca/breg/registration/forms/TN-INFO.pdf
Provided below, a list of the forms will need to be filled out through your responses. Signatures will be asked in class.
1. Application for Registration of Trade Name ( Form T-1 )
http://cca.hawaii.gov/breg/files/2014/11/t-1.pdf
2. Application for Registration of Trademark ( Form T-2 )
http://cca.hawaii.gov/breg/files/2014/11/t-2.pdf
3. Application for Registration of Service Mark ( Form T-3 )
http://cca.hawaii.gov/breg/files/2014/11/t-3.pdf
Application for Registration of TradeName (Form T-1) | |
File Size: | 537 kb |
File Type: |
Application for Registration of Trademark (Form T-2) | |
File Size: | 552 kb |
File Type: |
Application for Registration of Service Mark (Form T-3) | |
File Size: | 176 kb |
File Type: |
Confidentiality Agreement, Employee Non-Compete Agreement, and Quality Control Program
The following forms ensure that our company's employees are credible to perform their tasks with full understanding that responsibilities and expectations are needed to uphold:
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