T
techie
Guest
What is the name of your state? FL/NY/DE (multi-state, please!)
I have a quick question about incorporating in DE. Since we moved to NY and our company is incorporated in FL, we need to re-incorporate the company either in NY or DE as either a foreign or a domestic corporation to be able to do business 'from' NY. As we have a ServiceMark 'pending' with the USPTO on our company's name, what would be ideal - incorporating as a foreign firm or re-incorporating as a 'new' domestic firm? Obviously, we intend NOT to pay double taxes while it is incorporated in FL as well. We should like to dissolve the company in FL and re-incorporate it 'afresh' in DE.
Will this have any legal implications or affect any of our rights to the pending servicemark or after the mark is regisered in future?
Is there a way to amend the applicant's address on the servicemark to point to our new firm in DE and change the address? This may mean a change in the date of 'First Use in Commerce' because it is a new company (although it carries the same name and the owners but in a different state) whereas we have already filed the mark as one that is already in use in FL and furnished the USPTO with specimen in proof of that. If we re-incorporate afresh, the date of first use in commerce will change to a future date. So, what would be ideal - whether to incorporate as a foreign corporation (based in NY) or 're-incorporate' as a foreign corporation (based in FL).
Please advise.
Thanks in advance...
techie
I have a quick question about incorporating in DE. Since we moved to NY and our company is incorporated in FL, we need to re-incorporate the company either in NY or DE as either a foreign or a domestic corporation to be able to do business 'from' NY. As we have a ServiceMark 'pending' with the USPTO on our company's name, what would be ideal - incorporating as a foreign firm or re-incorporating as a 'new' domestic firm? Obviously, we intend NOT to pay double taxes while it is incorporated in FL as well. We should like to dissolve the company in FL and re-incorporate it 'afresh' in DE.
Will this have any legal implications or affect any of our rights to the pending servicemark or after the mark is regisered in future?
Is there a way to amend the applicant's address on the servicemark to point to our new firm in DE and change the address? This may mean a change in the date of 'First Use in Commerce' because it is a new company (although it carries the same name and the owners but in a different state) whereas we have already filed the mark as one that is already in use in FL and furnished the USPTO with specimen in proof of that. If we re-incorporate afresh, the date of first use in commerce will change to a future date. So, what would be ideal - whether to incorporate as a foreign corporation (based in NY) or 're-incorporate' as a foreign corporation (based in FL).
Please advise.
Thanks in advance...
techie