Forming a corporation or LLC has never been easier.  Just choose this option to view our services for online incorporation in any state.
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Read more about our online trademark filing through FileOnline.BIZ's trademark application service.
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Our Copyright applciation filing service provides an easy form to submit copyright applications for most types o
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Incorporation Services
 
Preliminary Name Check
            Before spending your money on a corporate name that is already in use, we check name availability with the secretary of state of the state in which you have asked us to apply. You choose two names so that we can “fall back” on the second name if the first is taken. If both names are taken, a representative will contact you. If the state does not allow online company name access, we apply for the first selected name without checking on name availability. You should not choose a “common” name for your business or it will likely be taken already.
 
LLC versus Corporation
            Whether to choose to form an LLC or corporation is a complex issue that you should sort through with your legal and accounting professionals. Generally, an LLC is treated like a partnership, requires less formality, and has the flexibility of being governed by an Operating Agreement that is hand-tailored to meet the needs of the specific organization. 
            A corporate entity or “corporation” is a traditional means of incorporating, and is often used when a company will have “diverse” ownership by selling stock, or allocating stock amongst several founders. Corporations are governed by bylaws, and must have annual meetings.
 
Preparation Service
            FileOnline.biz prepares articles of incorporation for you. If you choose the low price Economy Service, you will act as your own resident agent. In this case, we will prepare the documents and either file them with your name and address as resident agent (or “registered agent” in some states) or if your signature is required, we will send them to you with pre-addressed, stamped envelopes, forms and payment with detailed instructions so that all you need to do is sign and drop them in the mail. We even provide a copy for your files.
 
            If you choose our Standard Service, and do not elect to use our Registered Agent Service, we will forward the documents in the same manner as the Economy Service, but we will also forward your corporate kit within about two weeks of your date of incorporation. The corporate kit includes stock certificates, a corporate seal, and printed “fill in” corporate formation documents such as bylaws and minutes of meetings. 
 
            If you choose our Premium Service, we will incorporate, have our Registered Agent sign, and submit your articles without even needing to mail them to you. We will order your corporate kit, provide you with a corporate forms CD, submit your tax Identification Application, provide an S corporation election, and you can check on the status all along the way by just logging into the site.
 
Corporate Kits and Corporate Seal
            Our corporate kits are complete, with seal and fill-in forms in a three-ring binder that bears the name of your corporation. The folder is the same type used by public and private corporations across the United States, and is enclosed in a handsome outer-shell to protect your corporate files.
 
 
Registered Agent Service
            Our Registered Agent Service allows you the peace of mind of knowing that your corporate documents will be processed each year on time and without penalties (if you approve the filing on time after we provide notice). Moreover, if your company were ever sued, service of process may be given to the Registered Agent, which might prevent legal service from being delivered at your home, where most business owners do not want to have their home sanctuaries disturbed by such business. Each year our Registered Agent will receive your annual renewal documents and FileOnline.biz will notify you and request authorization and payment for the annual filing. Every year thousands of corporations go into default because owners “forget” to file their annual renewal documents. Let us help you “do it right” with our Registered Agent Service.
 
Expedited Processing
            We can expedite processing of initial corporate documents in many states with an additional fee that we charge together with the state’s particular expedite fee. We use 48 hour Express Mail delivery to get you these documents as soon as the State has returned them to us. Expedited service is only available when you choose our Registered Agent service. Here are the states in which we can file on an expedited basis:
 
Arkansas
Alaska
California (but not for LLC’s)
Colorado
Connecticut
Delaware
Florida
Hawaii
Kansas
Massachusetts
Maryland
Michigan
Nevada
New York
North Carolina
Texas
Virginia
 
Tax Identification Application (IRS Form SS4)
            Either for a small fee, or as part of our Premium Service, we will file an application for an employer identification number with the IRS for you called a form SS4. The number that your company receives is akin to the company’s “social security” number, and needs to be obtained before you can open a bank account. 
 
S Corporation Election
            A company that is incorporated as a corporation can choose to be taxed more like a partnership in that the “profit” or “losses” are “passed through” to the individual shareholders to avoid what is known as “double taxation.” To elect S corp treatment, you need to have all US citizens that are fewer than 100 individuals as shareholders, and must make the election before March 15th of the tax year that you want to start S treatment (assuming an annual-type tax year). While there are other requirements for S treatment, this summary should help you to determine if your corporation qualifies. If you choose this election as part of our service, but do not appear to qualify we will inform you; if you do not qualify even after submitting the application, the IRS will notify you as such.
 
Corporate Forms CD
            We have compiled the most useful forms for small businesses, including all corporate formation documents, LLC Operating Agreements, non-disclosure agreements, basic contracts, promissory notes, and many more. The CD contains documents that would cost you thousands of dollars if you hired an attorney to create them for you. Of course, we do not offer legal advice, and these forms do not constitute legal advice; these forms are for your self-help use and as examples of forms that could be used, if done properly. However, sometimes just seeing what a “form” says will help you to understand things better, and can be a good basis on which to hire an attorney on your own.
 
Initial List or Statement of Information
            Many states, including Nevada and California, have documents that must be filed within a short time after your incorporation. Our incorporation service does not include filing these documents, but we will forward the document to you if we receive it. You MUST file these documents or your company will be in default and you will have to pay late penalties to renew the corporate entity. We will either prepare these initial report documents for a fee.
 
State Taxes
            Many states, including California, charge a special tax on corporate entities. In California, the tax is paid to the Franchise Tax Board in the initial sum of $800 for all corporate entities that are considered “pass through” entities, including without limitation, LLC’s and S Corporations. The documents for this should come directly from the state to you, but if we receive them we will forward them for your filing or for you to give to your CPA or tax preparer. We DO NOT file or handle these documents.
 

Trademark Services
 
Trademark Application
            Unlike many online trademark filing companies, we have contracted with an attorney to file your trademark application. FileOnline.BIZ acts as a document preparation service, and we are paid a fee per file to prepare the documents, but the fee that you pay to FileOnline.BIZ is passed on to the attorney or law firm that you retain to sign your trademark application as part of this service.  Normally attorneys charge significantly more, but we have negotiated a bulk filing rate that allows you to have a trademark attorney file your trademark application for far less.  However if you desire legal advice, you must retain the attorney separately and pay for such additional services.  The extent of legal services offered for the FileOnline.BIZ trademark filing is to file the trademark application and sign as the attorney of record. 
We do our best to tailor the application to your needs and to provide fast, friendly service. The Federal application is filed within a few days of your submission of the online application form. After that, we give you a Serial Number from the USPTO, and then wait for the USPTO to respond to the application. Once we have a response, we will provide you with further instructions.  You will get an email from the attoney describing his/her services and providing enough information to understand "what's next" in the trademark process.
 
Service-mark versus Trademark
            The modern nomenclature for trademarks is to call a “trademark” that is used to sell a service a “service mark” and a trademark that is used to sell goods a “trademark.” Of course, they are all just trademarks, and we refer to them as such. Whether you offer services or goods, we will simply refer to your trademark as a “trademark.” This is what is called a “difference without a distinction.”
 
Word Mark and/or Design Mark
            Most trademarks are for simply the “word” or “words” used to name a product or service. Our trademark is “The Online Filing Company.” This is called a word mark. If your mark is just the text-name of your product, company or service, then you are applying for a word mark. Once registered you can “express” this word-mark in any design and still use the ® symbol. 
 
            When a company wants to use a particular design, and protect that design from third-party use and infringement, the company will apply for a “design” mark, and register the logo either alone or with the text. We can apply for plain text, text and design or just a design. You choose, or file separate registrations for each.
 
Classes and the “Description” of Goods or Services
            All trademarks must be filed within a particular class of goods or services, and further identify the particular goods or services being offered. For example, clothing is in Class 25. Thus, you would choose class 25 if you are filing a trademark for clothing. Further, you need to list your clothing goods in some detail, such as “clothing, namely sweat shirts, t shirts, caps, pants, shorts, and shoes.”
 
Date of Use or Intent to Use
            The date that you made first use of your mark is important only if you have actually made use of the mark already. Many businesses file their trademark before they actually make use of the mark. This is called an “intent to use” trademark application or “ITU.” Most applications that we file are ITU, but if you have made actual use of the trademark on or in connection with all of the goods or services that you identify in your application, then you will need to give us this date. “Use” normally means that you sold or offered for sale the actual product or service bearing the trademark. Please take note that an application that is filed based on INTENT TO USE has an additional fee of $300 (including attorneys' fees) to file the Statement of Use when the mark is actually "in use." 
 
What is Use and Why is it Important
            Use of a trademark is where trademark law begins. As soon as you “use” a trademark you begin to “create” rights. The rights that you create are limited to the actual product or service that you offer within the limited geographic region that you offer them in. To expand those rights nationally, a federal trademark application is used. However, the date of use begins the accrual of rights, and the earliest user of a particular trademark for particular goods or services is the “senior” user and has the superior rights. The date of use stated must be the date of use for ALL goods or services listed in your application, so don’t list goods that you don’t actually sell! List only those goods or services that you offered as of the date of first use.
 
Specimens of Use
We need a “specimen” of this use in the form of a digital photo or actual tags, products bearing the mark, or brochures, websites and the like for services. A specimen shows the USPTO that you have actually sold or offered to sell your product or service. Do you sell clothing? We can use the hang-tags if you send a digital photo. Do you offer an online dating service? You can “capture” the screen image of your website in a .jpg format and send that to us. The specimen should be “real” and not something that you make simply to show use for this application. If you have not really used the mark yet, you need to apply as an ITU.
 
“Drawing” of Design Mark
            If you have a logo that you desire to register (with or without words) then we need that logo in a particular drawing format in pure black and white in .jpg format. No color or grayscale in the image is permitted. You will be able to protect your design in any color, but for purposes of registration, the USPTO is only concerned about the actual design elements and not the particular colors or gradients. Be sure that you give us a pure black and white image.
 
Trademark Prosecution Process
            Trademarks are not simply “granted” upon the submission of a trademark application. Instead, the application begins the process of what is called “prosecution” or the process of having the USPTO review and examine the application. Once the application is submitted, the USPTO has six months in which to provide its first examination. The USPTO will sometimes grant approval of the trademark, but often trademarks are rejected on a preliminary basis because of a.) technicalities or b.) a citation by the USPTO that there are one, or more, registrations that might bar registration because they are so similar as to “cause a likelihood of confusion” between the cited mark(s) and your trademark. If a trademark is rejected, you must respond to correct technicalities to the USPTO Examiner’s satisfaction, and argue against any citations of similar marks. Often applicants hire trademark attorneys to handle this aspect of the “prosecution” but USPTO Examiners are willing to work directly with the applicant as well.
 
            Once a trademark is “approved” it is “published for opposition” for 30 days to allow third-parties to oppose the mark’s registration if they believe that they will be damaged by it. If the application is unopposed, then the mark is a.) registered if it was already in use (see “use” and “ITU” discussion above); or b.) “allowed” if it was based on ITU. Once a mark is registered, you have five years before any renewal or maintenance fees are due. Once a mark is allowed, it will not “register” until you file a statement of use, together with a specimen of use, and the date that the mark was first used for all goods or services listed in the application. The Statement of Use is $100, and can be filed by FileOnline.biz for an additional fee of $150. If you have not yet used the mark six months after it was “allowed” then you can file up to four extensions for six months each, allowing you more time to make actual use of the mark. Extensions cost $150 to the USPTO and can be filed by FileOnline.biz for an additional $150 ($300 total).
 
If you make use of your mark for some, but not all, of the goods or services in your application, then you can file a statement of use for those goods that are in use, and simply delete the goods or services that are not in use. Often applicants apply for a broad spectrum of goods and services, but in the end only make use for a smaller scope. In these cases, it is important to only state use for the goods or services actually in use.
 
Post Registration Documents
            After your mark has been registered for five years, you can renew it for another five years, AND file a special declaration to make the registration “incontestable.” The fees for both of these is $300. FileOnline.biz can file these for an additional $300 ($600 total). After these documents have been filed, there is a ten year renewal (from the date of registration) and another renewal every ten years for a fee of $400, which FileOnline.biz can file for an additional $400 ($800 total). Each renewal must include a specimen, which means that you must still be using the mark for the goods or services in your registration.
 
Costs and Fees
All fees are per mark, per class with no discounts for multiple filings. 
 
Use of TM and ®
            As soon as you believe that you have made use of a mark in a way that “identifies you as the source” of your goods or services, you may use the “TM” symbol. This means that you are putting third-parties on notice of the fact that you claim trademark rights. However, you may only use the ® symbol when you have actually obtained a federal registration. Even then, you may only use the ® for you particular registered mark for the goods or services in your registration, and only in the country in which you have obtained a registration.
 
Foreign Trademark Filing
            If you plan to use your mark in foreign countries, you should file separate registrations in each country. FileOnline.biz does not handle foreign registrations, but will refer you to an attorney that does.
 
Power of Attorney
            In our online application form you will agree to a power of attorney to grant our contract attorney authority to file your trademark application. We do not act as your attorney, nor do we collect legal fees. We are paid a fee from the attorney for document and file preparation and processing, but the attorney is paid out of your filing fee to sign as Attorney of Record, and nothing more. This Power of Attorney is limited to representation on the particular trademark that you have requested, and only in regard to USPTO proceeding on the application thereof. 

Copyright Services
 
Copyright Application
            FileOnline.biz prepares your copyright application based on the information provided in your online application form. Please provide accurate information. We forward a completed Copyright Application to you, ready for signature, together with a copy for your records, and a pre-addressed, stamped envelope to the proper address for filing copyrights. You are given instructions to include a deposit copy of your work with your application in the envelope provided and to mail the application, check and deposit of your work immediately upon receipt. Your failure to mail these documents is your own responsibility and you will hold FileOnline.biz harmless for your failure to follow these instructions or mail the application.
 
Types of “Works”
            The works that are submitted to the copyright office are generally categorized as follows:
 
Literary— book, manuscript, online work, pamphlet, poetry, report, test, automated database, computer program
Visual Arts— pictorial, graphic, or sculptural work, including 2-dimensional and 3-dimensional work of fine, graphic, and applied art
Performing Arts— musical work, dramatic work, script, pantomime, choreography, motion picture, or other audiovisual work
Sound Recordings— recording of music, drama, or a lecture
Serials and Periodicals— periodical, newspaper, magazine, or other similar work
Mask Works— protection related to integrated circuits on a semiconductor chip
 
Types of “Authorships”
            Authors are often simply an individual person, acting alone. However, if two parties co-author, then the application must state both authors as joint authors. 
 
            Some authors are corporate entities, such as a company that hires writers to write within the scope of their duties; or an employee or contractor under a “work for hire” agreement (generally must be in writing).
 
            Some works are owned by a company by virtue of an “assignment” agreement (usually in writing) from the author or authors who created the work. 
 
Publication of Work and Statute of Limitations
Filing of a copyright application must occur within five years of the first publication of the work. Generally, an action for copyright infringement may not be filed unless there is an application or registration. Because the application must be filed within five years, many infringement cases will be barred because the owner of the work failed to register the work within five years.
 
What You Need to “Deposit” Your Work
            The Copyright office requires a deposit copy. The Deposit Requirements are as follows:
 
Unpublished Works: One complete copy.
 
Published Works: Two complete copies of the best edition.
 
Works First Published Outside the U.S.: One complete copy of the first foreign edition.
 
Contribution to a Collective Work: One complete copy of the best edition of the collective work, or a copy of the contribution itself as it was published in the collective work.
 
Online Works:
 
Computer Programs: One copy of identifying portions of the program (first 25 and last 25 pages of source code) reproduced in a visually perceptible form, together with the page containing the copyright notice, For details please see Circular 61, Copyright Registration for Computer Programs.
 
Databases: Please see Circular 65, Copyright Registration for Automated Databases.
 
Secure Tests: Please see Circular 64, Copyright Registration for Secure Tests.
 
 
Attorney Submission
            Our most economical service is to prepare the documents for copyright and to forward the same to you with all documents ready to sign and submit with a deposit copy of your work. If you desire an attorney to submit your work, you must deliver it to us, and also agree to the Attorney Submission agreement, an exhibit to our Terms and Conditions. 
 
            In our online application form you will authorize our contract attorney to file your copyright application. We do not act as your attorney, nor do we collect legal fees. We are paid a flat fee by the attorney to cover file preparation and processing, but the attorney is paidyour filing fee to represent you before the Copyright office as the signatory on your copyright application, and nothing more. This authorization is limited to representation on the particular work that you have requested to be filed with the Copyright office, and only in regard to that application. 
 
Refund Policy
            FileOnline.biz does not offer refunds under any circumstances. We prepare checks to state and federal agencies to pay your filing fees, and these fees are not refundable to FileOnline.biz. If you use a credit card to charge the fees, you agree not to contest the fees. You agree that all fees charged when you submit your online application form are NON REFUNDABLE and not subject to challenge based on any claim that the service was unsatisfactory in any way.

Terms & Conditions
 
The Terms & Conditions (“T&C’s”) are permanently available at http://www.fileonline.biz/CMS.aspx?cmsid=5
 
Without limiting the scope of the full T&C document,
 
You agree to these T&C’s, including all exhibits.
 
You understand the refund policy.
 
You understand that our liability is significantly limited.  We are a document preparation service and we rely on your honesty and your knowledge of your business.  You agree to indemnify us if there are any liabilities that arise from our document preparation and filing service due to your conduct.
 
You agree and understand that FileOnline.biz is not your attorney, and does not provide legal services or legal advice.
 
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