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Edward Daciuk

Edward Daciuk

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Edward Daciuk is a contributor to Fit Small Business and has helped start and build three different technology companies. This includes a fintech startup that raised $20 million in venture capital, went from a PowerPoint to 400 bank and hedge fund customers, and then sold to the Chicago Mercantile Exchange. He helped launch Inc.com, the internet arm of Inc. magazine, where he served as CFO and COO. Prior to that, he co-founded Periscope Systems with startup capital from KPMG and sold it to a boutique investment bank.

Trademark

February 9, 2018

Trademark Costs: DIY Registration vs. Online Service vs. Lawyer

Registering a U.S. federal trademark will likely cost between $225 and $2,000. The trademark cost if you file yourself will cost at a minimum of $225. The trademark cost using an online service will cost around $500. The trademark cost using a trademark attorney will likely cost around $1,500 to $2,000. If you want to save money on a trademark attorney, check out . Rocket Lawyer is an online service that can get you a price quote on trademark registration in minutes. If you need additional legal help, you can get unlimited access to application templates, document review, and attorney consultations for just $39.99/month. Try it free for 7 days. Besides which method you use the main factors that will impact trademark cost include: Number of trademarks that are actually part of your “trademark” Number of classes, or business categories, you intend on trademarking in Complications in the trademark process In this guide we’ll go through each method and each factor that might impact the cost of trademark registration. Summary of Trademark Costs Here’s a summary of the costs and activities associated with each method: Below we’ll go into detail of each of these methods and related cost factors. USPTO Trademark Registration Costs Regardless of what method you use to register your trademark you will have to pay for U.S. Patent and Trademark Office (USPTO) fees so it’s good to go through this first and understand the related factors that might affect the cost of registering your trademark. Before you file you should do a trademark search for conflicts. You can do this using the USPTO’s free tool called the Trademark Electronic Search System (TESS). Basic Fees The USPTO charges $225, $275, or $400 depending on what form you file. You can file electronically through the USPTO online system: the Trademark Electronic Application System (TEAS) or via paper through the mail. Basically the cheapest option, TEAS Plus, requires electronic filing and has additional requirements in the application including goods/services listings, prepayment, additional statements. The middle option, TEAS Reduced Fee, requires electronic filing but has fewer requirements than TEAS Plus. The most expensive option, TEAS Regular, has no additional requirements and allows paper filing. It’s important to note that the USPTO trademark fees are for a “single trademark” and for one “class.” Single Trademark You might be saying to yourself “of course, I only want one trademark.” But the distinction is important when talking about trademarks. The most common type of trademark that small businesses are after are business name and related logos. To the USPTO these are different things. You must submit only 1 drawing of 2 types: “A standard character drawing shows a mark in text only (without a design) in no particular font style, size, or color.” “A special form drawing shows a mark with stylization, designs, graphics, logos, or color. These are also called “stylized marks” or “design marks."” A standard character drawing protects against all text use of your trademark. So the standard character trademark of “Google” protects Google from infringement regardless of font, color, context, etc. A special form trademark of the familiar Google logo does not protect them from someone using the word “Google” in their business or product text. So most businesses will trademark both the text version of their name and the visual use of the name separately. Thus driving up the cost of trademarks. Single Class A “Class” in the context of trademarks refers a list of 42 international goods and services areas managed by the World Intellectual Property Organization (WIPO). For example Chemicals versus Paint, So for example if Tesla wants to trademark its name in both the automobile industry and the solar roofing supply industry they must file two separate trademarks applications. Again driving up trademark costs if you want to apply your trademark in multiple, potentially adjacent, industries. You can see the list here. Resubmission Fees Another fee the USPTO imposes for 2 of their 3 application forms is a $125 fee for a resubmission due incorrect or incomplete application. This often cited as potential money saving advantage in using an experienced trademark lawyer. We’ll discuss how to avoid mistakes in more detail below. U.S. Federal Submission A USPTO trademark application covers only the United States. So if you want to trademark in other countries it’s a completely separate process and will drive up the cost of a trademark. It should also be noted that “a trademark is generally a word, phrase, slogan, symbol, or design, or combination thereof, that identifies the source of your goods and services and distinguishes them from the goods and services of another party. That is, a trademark lets consumers know that the goods or services come only from you and not from someone else.” As opposed to a patent which covers an invention or a copyright which covers original content. Those would be a different process from trademarks and incur different costs. If you were meaning to look up costs for a patent, click here to check out our patent cost guide. Other Trademark Costs In addition to the initial trademark registration there are fees for continued use ($100 after 5 years) and renewal ($500 after 9 years) which are part of the long-term cost of having a trademark. Any enforcement of trademarks would also be additional and separate costs of having a trademark. Trademark Costs for Online Legal Services An intermediate solution between registering a trademark yourself and using a lawyer is using an online legal service. For an online solution, try either or . What You Get The online legal service fees are in addition to any fees that need to be paid to the USPTO as part their application process. Basically the value the online legal service adds includes: Will do a basic trademark search for you so you don’t have to take the time Will fill out the USPTO application for you, presumably they have more experience and will reduce the error rate Help with digitization of the drawing you need to submit Provide a digital copy of your application Provide additional, related legal forms for an additional fee Reasons To Use an Online Legal Service Using an online legal service will save you time on the trademark search, it’ll put a presumably experienced, second set of eyes on your application, and maybe give you a discount on some of their other services and forms if you plan on using them. Reasons NOT To Use an Online Legal Service You may want to skip an online legal service for the following reasons: Search. If a “comprehensive” search is an additional cost it implies that the search they do is not comprehensive. And you or a lawyer might be able to do a better job. Feedback. One of the biggest reasons a trademark registration is denied is because it’s not distinctive enough, something a professional lawyer can give you advice on but is not part of the online legal packages. Complications. According to Upcounsel, as service to find lawyers, over 50% of trademark applications are rejected. If you’re likely to need a professional lawyer to deal with complications with your application you may just want to start with them. For a more complete look at online legal services checkout this article. Cost of Using a Trademark Lawyer The trademark cost of using a trademark lawyer can range from a flat rate of $500 to tens of thousands of dollars, with the typical cost being between $1,500 and $2,000. So the important thing to understand is what are the main drivers that affect to cost range, how to minimize the risk of the cost being at the high end, and understanding what you get for the money. What You Get from Using a Trademark Lawyer The reason you’d probably want an experienced trademark lawyer include feedback on your trademark approach, professional search, professional completion of the application, and help in addressing any complications in the application process. Experienced Feedback According to a study at the University of North Carolina Law School, applications that were prepared by a trademark lawyer were 50% more likely to be approved than those prepared by the business itself. One of the main reasons for this that the trademark is not distinctive enough to establish a brand as unique. Based on their experience a trademark lawyer can give you real-world guidance on the business name, logo, or other trademark to make sure it passes USPTO on the first attempt. Professional Completion of the Application The USPTO application is not simple and requires supporting documentation to make it through the approval process. The format of your drawing needs to call out the right claims regarding color, fonts, application to be accepted and provide maximum protection. Your claims can’t be too broad nor too narrow. Having crafted numerous applications a trademark lawyer can help make sure all of the documentation related to the application are up to the task. Help With Complications A trademark lawyer should be able to help with application complications in 2 ways. First, by doing a professional job in providing feedback on the initial strategy, doing a more comprehensive search, and doing a good job filling out the application and supporting materials, a trademark attorney should be able to help you avoid more complications in the first place than if you had done it yourself. Second, if a complication does happen and you get a rejection or Office Action sent to you a lawyer is going to be better equipped on how to respond. An Office Action is a form sent out when there is a problem with your trademark application. Cost Drivers for a Trademark Lawyer Generally speaking the trademark costs for a trademark lawyer come in 1 of 2 forms: flat fee + additional hourly fees or just straight hourly fees. In both cases you can expect hourly rates to range from $300 to $400 for a relatively experience lawyer. Flat+ Costs Ranges for flat fee trademark legal work can range from $500 to $1,000 or more plus the USPTO fees. The key controlling costs in this model is obviously preventing rework later. That means doing more work upfront yourself such as making sure your trademark is as distinctive as possible. The other driver is communication. The trademark lawyer is going to try and get through the process as quickly as possible. That means the more information you can provide them upfront the better. This can include your trademark strategy, e.g. what classes are appropriate or potential areas of conflict will help them do a better job given a fixed amount of effort. Straight Billable Hours In addition to the drivers for the Flat+ model, the straight billable hours are going to be affected by the extensiveness of the trademark search and any complications. Most law firms subscribe to legal search software, such as Compumark, that is going to be more sophisticated than the USPTO’s free search tool. So be clear on how extensive you want the search to be upfront. This includes whether you need an international trademark which can push the legal fees from a couple thousand to tens of thousands. Another cost driver are any Office Actions which might arise. These are hard to predict but the usual amount of time a lawyer spends on responding to an Office Action is 4 to 8 hours. At $400 / hour that means each Office Action is likely to add $1,600 to $3,200 to your trademark costs. Bottom Line: DIY Is Cheap But Complicated, Hiring a Lawyer Is Expensive but Probably Worth It So bottom line: registering a U.S. federal trademark costs typically between $225 and $2,000. Based USPTO fees will be around $275 per trademark per class. An online legal service will add around $500 to that or using a trademark lawyer will add around $1,500 to the USPTO fees. Regardless of what method you use, you can keep costs down by having a strong trademark application which means it’s not a descriptive name such as Tasty Ketchup, not location based such Chicago Pizza, not generic such as Shoelaces, and not similar to existing marks such as Bob’s Greyhound Bus Line. If you need assistance with your trademark, check out . It offers trademark registration assistance, including expert attorneys who will work with you to draft and file the necessary paperwork. Get a price quote online in minutes, or join its membership program to save on all essential legal services.
building permit

January 12, 2018

Zoning Laws for Small Business: What You Need to Know

Zoning laws, also known as zoning ordinances, define 1) what types of land use is allowed for a given area and 2) building regulations such as maximum building size or the need for fire escapes. If you’re starting a business, you need to be familiar with the zoning laws that cover your building and area. Here are some of the most common municipal and federal zoning laws: Commercial versus residential versus manufacturing Type of commercial enterprise allowed, e.g. manufacturing or retail or restaurant Health and safety regulations such as use of toxic chemicals or availability of fire extinguishers Parking requirements Setback requirements Signage Types of buildings that can occupy an area Size of buildings and internal requirements like multiple exits Floor to area ratios (FAR), e.g. you must allow for walking space, etc. That adequate lighting, air, and open space is provided Accessibility, e.g. Americans with Disabilities Act The top 4 things you should know regarding zoning laws include: What Zone Your Building Is In Whether Your Business Is Allowed In This Zone What Are the Building Requirements What Are the Signage Requirement #1 - What Zone Your Building Is In The first step in understanding how zoning and building codes will affect your small business. Find the GIS mapping system of the appropriate jurisdiction for your county. Many counties and cities are offering these online today, and all you have to do is find the right maps and layers. You can often do this by typing “zoning for your county name” in Google. Find the piece of property or land you are interested in and see what the zoning designation is. Here’s a quick cheat sheet: Sometimes, a property may have multiple designations, like Residential-Commercial or Commercial-Residential, also known as zoning overlap, which allow owners or occupiers of the opportunity to use it in either way. #2 - Whether Your Business Is Allowed In This Zone If you’ve figured out what zone you’re in, congratulations, you just completed the easiest part of the process. Now it gets hard. Most zoning regulations have evolved over a great deal of time through very specific legislation targeting specific city sectors. So most areas have very complex regulations. Just to make it even harder most municipalities have adopted their own shorthand for referencing various allowances and restrictions. You need to cross reference zones with allowance categories and then check on any specific variance to that unit or area. The first step is to map your zone to allowed uses. For example in New York you find the Zoning District for your zone. You then look up the uses allowed for that district. You then look up the Use Group definition. Here’s an example of “Use Groups” in NYC. It’s buried in a Zoning Resolution. In addition to the base classification there may be special designations allowing or disallowing specific uses. Sometimes, searching online is not enough. You may need to visit the county recorder’s office to check the covenants for a neighborhood or lot. #3 - What the Building Requirements Are Whether you’re building a new building or altering an existing building you need to know the building requirements for your zone. For example zoning laws might dictate a certain Floor Area Ratio (FAR) which is the maximum amount of building square footage for a given lot size. Building zoning laws also cover areas such as parking, walkways - internal and external, required setbacks or distance from the street, and number of rooms allowed. Building Codes In addition to building size other building requirements covered by zoning laws there are number of building requirements covered by local building codes. These include: Building administration, e.g. licensing, maintenance, etc. Plumbing codes, e.g. fixtures, water heaters, sanitary drainage, storm drainage, water piping systems, etc. Mechanical codes, e.g. ventilation, boiler and water heaters, solar systems, etc. Fuel gas codes, e.g. gas piping, chimneys, appliances, etc. General building code, e.g. interior finishes, fire protection , exits, building materials, etc. Americans With Disabilities Act In addition to zoning ordinances and building codes, all new construction in buildings must conform to the Americans with Disabilities Act (ADA). This Federal law generally covers: Accessible entrances Accessible routes Accessible restrooms Accessible telephones Accessible drinking fountains Accessible parking, storage, and alarms Check the jurisdiction’s permit database to see if any construction has been done on your space since 1990, when the ADA went in effect. If not, you or your landlord may be responsible for bringing the space up to code. Permits Required If your building or altering a building there’s going to be a slew of permits that you need to acquire. This process may also include a chance for those in the area to challenge your building plans. If there are any permits in process or approved before you acquired the property but have not built yet you may be required to finish those projects as well. Restrictive Covenants In addition to any municipal regulations you may be subject to land developer restrictive covenants. This is especially true for leased properties. The developer of the property may have restrictions on what you can do including signage, aesthetics, parking, etc. In general while it’s good to know what’s in the zoning and building codes your best bet is to work with a licensed contractor who is familiar with building regulations and necessary permits for your zone. #4 - What the Signage Ordinances Are Most cities and counties also have separate sign ordinances written into the zoning code that you have to comply with, even if you are in a commercial zone. If you are considering space in a historic office building, the modern sign that you’ve designed for your brand may not be allowed. Sign companies consult these codes when applying for permits, but you should too before signing leases or purchase agreements. Check with your county recorder and zoning committee for more details. When You Can’t Find the Answers If you’ve combed through all the databases and still aren’t sure what you can or can’t do, it’s time to make a phone call or take a trip to an office. Most planning and zoning offices have analysts available during business hours to answer questions about permit applications. Some jurisdictions will also have record centers available, where a technician can answer questions and even do the research for you. Never hesitate to ask a question. Not asking questions upfront will lead to more headaches, wasted time, and unnecessary spending down the road. But when in doubt get professional help. Bottom Line: Do Your Research or Hire a Professional Before you think about moving your business into a commercial property or doing construction on your property make sure you understand the zoning and building ordinances related to your property and business. Or get professional help. Make sure you understand: How your property is zoned What businesses are allowed What the building requirements are What the signage restrictions are You’d hate to get far into your planning or even start a move or construction only to find out that your out of compliance and all of that work was for naught.
Best Paper Shredding Services

December 21, 2017

Best Paper Shredding Services: Shred-it vs Iron Mountain vs ProShred

Shredding services will destroy sensitive docs using mobile shredding at your site, pick up boxes from your location, or will shred at their local location if you drop paper off. These three national paper shredding services--, , and --specialize in heavy duty shredding. Here we compare their pricing, services offered and customer satisfaction. * Pricing may vary in some markets. Best Off-Site Shredding Service: Iron Mountain is the king of document management. With locations nationwide it’s usually easy to find a location near you. They have a highly secure process and great number of options to fit small business needs, especially if off-site shredding is what you need. Number of Locations: Over 1,000 () Services Offered: Security Process: Tamper-proof containers, NAID certification, Certificate of Destruction Between the 3 national competitors, Iron Mountain has the best rates for off-site shredding. This is the type of service where Iron Mountain picks up your paper in a locked bin or vault and brings it back to their location for shredding. If you’re just scheduling a one-time shredding, the cost is $99 for one 96 gallon bin and $40 for each additional bin of paper. Shred-It, on the other hand, charges a flat $125 per bin, so it can get expensive fast if you have a lot of paper. There’s also a big discount if you sign up for regular monthly or bimonthly off-site shredding. The cost is $65 for 2 bins (or 1 bin + 1 secure vault or console) plus $16 for each additional bin or console. Iron Mountain also has on-site paper shredding services, which is where they bring out equipment and shreds at your office. It’s a little more secure than off-site shredding and sometimes necessary if you need a witness present. The cost is $10 per box (standard copy-size) with a minimum charge of $300. Iron Mountain has a strong A+ rating from the Better Business Bureau. However, while this may be expected for a business their size, I found a lot of negative reviews on Yelp. In particular users complained about all sorts of hidden fees they weren’t aware of until the bill came: administrative fees, late fees, rush job fees, carton retrieval fees, permanent withdrawal termination fees, and others. With this in mind, it’s probably worth a look at the fine print before signing up for regular service. Best On-Site Shredding Service: If you’re near one of their service locations has the lowest price for on-site shredding, especially for regularly scheduled service. ProShred focuses specifically on on-site shredding. ProShred also has better reviews than other competitors. Number of Locations: 27 () Services Offered: Security Procedures: Locked containers, closed circuit cameras on back of trucks, NAID certified, certified and bonded customer service, Certificate of Destruction ProShred has by far the best rates for on-site shredding, which is actually the only type of paper shredding service they offer (aside from small drop-off service). At $85 for 1 bin and $40 for additional bins, they cost a fraction of the price of Shred-It ($150 per bin) and can be much cheaper than Iron Mountain considering their $300 minimum. If you sign up for regularly scheduled service, the cost is even lower at $45 (1 bin) + $40 for each additional bin. These prices may vary depending on the location. One downside, however, is that they’re a smaller service and they are not available in every city. ProShred has 27 locations nationwide, including New York, Los Angeles, Chicago, Houston, Dallas/Fort Worth, Philadelphia, Phoenix and more. Most major cities are covered, but you may be out of luck in a smaller city. Perhaps because they’re a smaller service, ProShred actually has much better reviews than their competitors. Browsing through Yelp, I found almost all positive reviews on their various locations. The only negative thing I found was somebody who lost touch with a salesperson while trying to schedule an appointment. Shred-it is larger than ProShred and smaller than Iron Mountain. They are the most expensive of the three and don’t have great reviews. They are most appropriate for drop-off shredding since they are offer it and are less expensive than ProShred. Number of Locations: Over 170 (Find a location near you) Services Offered: Security Procedures: Tamper-proof containers, chain of custody, GPS-tracked trucks, Certificate of Destruction, NAID certification offers the whole array of paper shredding services, including off-site and on-site shredding, as well as the option to drop off paper at their office. Their pricing is on the more expensive end: Iron Mountain beats them at off-site shredding and ProShred beats them at on-site shredding. Part of the reason is that Shred-it charges a flat rate per bin – $150 for on-site shredding, for example. So if you had 5 bins of paper, you’d pay $600 for Shred-it compared to only $285 for ProShred. They do, however, offer a low cost drop-off service. At $10 per box or bag, you can drop off paper at one of their centers for shredding. Shred-it has a solid A+ rating from the Better Business Bureau. Like Iron Mountain, however, I found a lot of negative reviews on Yelp. Rather than hidden fees, their biggest issue seems to be reliability. A lot of users complained about Shred-it employees showing up late or canceling without notice. Other Paper Shredding Services The above services are for businesses who need to purge lots of old records. If you just need sporadic shredding or don’t shred a lot you may want to go with some the other available options. Bottom Line: Pick a Shredding Service Based On Your Specific Needs Paper shredding services vary greatly from one company to another. Whether you need on-site, off-site, or drop-off services combined with where you’re located will determine your best shredding company options. If you need off-site shredding or you’re not in one of the major cities your only option might be (which could be through Fedex of  drop-off). If you are in a major city and want to do on-site shredding,  is probably the better option.

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