Should I use my business bank account or personal bank account

[Marvin M.]

What is the name of your state? Georgia

I filed for a trade mark under my name before I had a business account, articles of organization or EIN. I now need to hire a lawyer to file a office action response form for me but I am a little confused if I should pay him from my personal bank account or business bank account now that I have one. I just want to avoid any legal issues with the IRS.

 

[PayrollHRGuy]

If it is a business expense use your business account.

 

[TigerD]

If you do not yet have an accountant, you should interview accountants and select one. There will be many questions that an accountant can answer that will save you a lot of time and expense later.
Every business person should have an accountant, a lawyer, and a banker that they can call on. Establishing those relationships prior to an emergency situation can save much time and money.

TD

 

[Taxing Matters]

What is the name of your state? Georgia

I filed for a trade mark under my name before I had a business account, articles of organization or EIN. I now need to hire a lawyer to file a office action response form for me but I am a little confused if I should pay him from my personal bank account or business bank account now that I have one. I just want to avoid any legal issues with the IRS.

If your business is a single member LLC created or organized in the U.S. and you have not elected for it to be treated as a corporation then the business is treated as though it were a sole proprietorship operated by you. In that event, you could use either bank account and it wouldn't matter so long as you could show what the expense was for. However, it is a little easier to show that if you keep to a practice of paying all your business expenses from bank accounts owned by the LLC and pay your personal expenses from accounts you own. Moreover, having the practice of keeping those expenses separate that way will make it easier for you to defend against creditors of the LLC who may wish to try to make you personally liable for those debts by "piercing the corporate veil." If you have not yet transferred the trademark and trademark registration to the LLC you ought to do so. I suggest you see a business attorney for assistance with that.

 

[quincy]

What is the name of your state? Georgia

I filed for a trade mark under my name before I had a business account, articles of organization or EIN. I now need to hire a lawyer to file a office action response form for me but I am a little confused if I should pay him from my personal bank account or business bank account now that I have one. I just want to avoid any legal issues with the IRS.

How did you "file for a trademark"?

What "office action"?

Have you already used this trademark to identify your business, goods or services?

 

[Marvin M.]

How did you "file for a trademark"?

What "office action"?

Have you already used this trademark to identify your business, goods or services?

I hired a lawyer and told me if I would like to consider an appeal he can prepare an office action response since there is a partial likelihood of confusion with another trade mark.

And no not exactly I just have some prototype products at the moment.

 

[quincy]

I hired a lawyer and told me if I would like to consider an appeal he can prepare an office action response since there is a partial likelihood of confusion with another trade mark.

And no not exactly I just have some prototype products at the moment.

You filed an Intent-to-Use application with the USPTO, then?

 

[Marvin M.]

You filed an Intent-to-Use application with the USPTO, then?

My lawyer filed my trademark with the USPTO for me, so yes I believe so.

 

[quincy]

My lawyer filed my trademark with the USPTO for me, so yes I believe so.

Is your attorney a trademark attorney?

I am curious: If there is a question about the mark's likelihood of confusion with another mark, this before you have used your mark in commerce, why is your attorney not recommending you choose another trademark that is not the same as or similar to another mark?

Do you have a lot of money invested in the name already?

 

[Marvin M.]

Yes he's a trademark attorney.

He gave me the go around and the option to choose another name but the name I went with is one I gave a lot of thought to for a long time and tied well into my products so it was a risk I was willing to make.

In my standards I would say a moderate amount.

 

[quincy]

Yes he's a trademark attorney.

He gave me the go around and the option to choose another name but the name I went with is one I gave a lot of thought to for a long time and tied well into my products so it was a risk I was willing to make.

In my standards I would say a moderate amount.

Well, if he is a trademark attorney and speaking of filing an "appeal" (which would be to the Trademark Trial and Appeal Board) rather than filing a response (which would be to the trademark examining attorney with amendments to your application), it sounds as if the trademark examining attorney has rejected your application based on a likelihood of confusion with a registered mark. Hence the appeal of the trademark examiner's action.

There are non-final office actions and final office actions. ALL office actions indicate the trademark examining attorney has found legal problems with an application. Many problems will be relatively minor procedural errors or requirements in the application that were not met and these generally can be amended.

But an office action based on a likelihood of confusion is a problem that is rarely fixable.

I think before you invest any more time in a business account using a name that you may be required to give up, you might want to concentrate on the name of your business.

Because you have an attorney, I would sit down with him and discuss this.

Good luck.

 

[Marvin M.]

Yes, I was aware of this pray for me lol

 

[quincy]

I think you would be smarter to change your name rather than risk infringing on a registered trademark. A lawsuit is no way to start a new business.

 

[Marvin M.]

Okay buddy... thanks for your insight.

 

[quincy]

I would discuss this all with your attorney.

Your trademark attorney knows what your specific trademark is and why the trademark examining attorney believes there is a likelihood of confusion with another registered mark. It is entirely possible your attorney believes your mark should be approved, or can find a way for you to rework your application to successfully get it approved.

Good luck with your business.