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Frequently Asked Questions

Where is The PLK Law Group, P.C. located?

The PLK Law Group, P.C.
284 U.S. Route 206
Bldg E, Suite 10
Hillsborough, NJ 08844

I have an idea, now what?

Depending on the form of your idea, intellectual property law may be able to protect it. Intellectual property law is actually a catchall name for several distinct areas of law, such as – trademark, trade secret, and copyright. Each of these areas protects different activities and has different requirements. Therefore, the first step is to speak with legal counsel to discuss which area of intellectual property best suits your needs.

What is a trademark or service mark?

A trademark includes any word, name, symbol, or device, or any combination thereof used by a person in commerce to identify and distinguish his or her goods from those manufactured or sold by others and to indicate the source of the goods. A service mark is the same as a trademark, but is used to identify, distinguish and indicate the source of services. Trademarks and service marks may be notated with a “TM” or “SM”, respectively, to alert the public to the owner’s rights in the mark. Owners that register their marks with the United States Patent and Trademark Office may instead use the registered mark symbol.

What is a trade secret?

A trade secret consists of any formula, pattern, device or compilation of information which is used in one’s business, and which gives one an opportunity to obtain an advantage over competitors who do not know or use it.

Depending on the state, the law will give the trade secret owner a cause of action against any person who uncovers or gains access to the confidential information by improper means, generally called misappropriation. This protection will continue as long as the confidential information is secret – theoretically forever. So that the trade secret owner may use the confidential information in his or her business, secrecy is usually maintained by non-compete and confidentiality agreements.

What is a copyright?

Copyright protection is granted to original works of authorship fixed in any tangible medium of expression. There are several advantages to copyright registration, such as the ability to bring a lawsuit for infringement, or violation, of a copyright owner’s exclusive rights. These exclusive rights include: the right to make copies of the work, distribute copies to the public, adapt the work, and publicly display or perform the work.

If I want to start my own business, do I need to incorporate or form a company?

In the eyes of the law, in order to separate your personal assets from the assets of your business, it is wise to choose some form of business entity. There are a variety of choices, each with their unique requirements and benefits. Some of the more popular business entities are introduced below.

A limited liability partnership (LLP or LP) is an association of two or more persons to carry on as co-owners a business for profit. LLPs consist of at least one general partner and any number of limited partners.

A corporation (Inc.) may be used for businesses that are for-profit or not-for-profit. Organized under the laws of the applicable state, officers and directors manage and conduct the business, to the benefit of the corporation and its shareholders. Corporations are given unique tax treatment by the state and federal governments.

A limited liability company (LLC) is also formed under the laws of the state and may be used by people engaged in any lawful business, purpose or activity. An LLC allows its members great flexibility in defining their relationships and the operation of the business.