If you are ready to form a business in Florida, your first consideration is the company’s structure. An experienced business attorney could help you identify the right operating entity, as well as negotiate and draft a lease for your headquarters and contracts you may execute with employees, vendors, banks, and clients.

It is important for you to register your business name, advertising slogan, proprietary products, inventions, or artistic work for intellectual property (IP) protection. That is a lot for you to think about. Fortunately, you can apply your business acumen to starting and growing a successful enterprise if you leave the legal aspects to a Boca Raton business startup lawyer.

Startup Company Structure

When selecting a business structure, an entrepreneur must consider whether the plan is to grow and go public, participate in a merger or acquisition, avoid double taxation using a pass-through entity, or avoid personal liability for business losses. The following are the available entities.

  • Sole proprietorships are owned and operated by one person who has no filing duties with the state, reaps all profits, but is personally responsible for debt.
  • Partnerships include two or more owners and are either limited or general, depending on how involved and how much liability a partner assumes.
  • Limited liability companies offer liability protection and avoid double taxation.
  • Corporations are entities independent of their owners (shareholders) who are not responsible for corporate acts and can raise capital as needed through the sale of securities. S corporations avoid double taxation and are limited by Internal Revenue rules while nonprofit corporations focus on charities rather than turning profits.

Other than sole proprietorships, different state and federal regulatory filing and reporting duties apply. A Boca Raton attorney could help someone launch a business startup while complying with all legal duties.

Intellectual Property Protection for Startups

Attorneys work with business owners to provide the necessary declarations to register patents, trademarks, and copyrights that establish ownership of unique or artistic ideas. Owners can collect monetary damages when an unauthorized party profits from using their protected work, as well as attorney’s fees and injunctive relief. In addition to trade secrets, there are three primary types of IP.

Patents

Patents protect inventions when other people copy them and attempt to market the item for profit, usually by offering a substandard copy. Inventors can also sell patent rights, which they own for up to 20 years. The U.S. Patent and Trademark Office determines the viability of a product, which must fulfill a useful purpose, be unique, and cannot be morally offensive.

Trademarks

Registered trademarks offer indefinite but different levels of protection (depending on the brand recognition) against competitors introducing copies to confuse consumers. Trademarks are used in marketing to identify competitive products that consumers recognize by name, slogan, or design marks. A startup business in Boca Raton will want to retain a lawyer to help register their trademarks.

Copyrights

Copyrights protect artistic expressions, including books, movies, and songs. Owners can display, perform, or license their work for use by others, and copyrights last 70 years past the owner’s death. A Boca Raton business startup attorney is available to ensure intellectual property is protected.

Find a Legal Advocate With a Boca Raton Business Startup Attorney

You have much to do and many decisions to make when you start a business. Choosing the right entity, protecting your intellectual property, negotiating business agreements and other documents, such as leasing and lending agreements and filings with the Securities and Exchange Commission, do not have to be among them.

A Boca Raton business startup lawyer provides proper guidance to help you make all legal decisions throughout the life of your company. We protect you from intellectual property theft and keep you in compliance with Florida and federal law. Call for a consultation today and learn how we can help your business grow and flourish.

    SUBSCRIBE TO OUR NEWSLETTER