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Clarity

Andrei Mincov

Dubai

I was an intellectual property lawyer for over 20 years until in June of 2015, I decided to give up my lawyer license to focus on building my business as Trademark Factory®.

Trademark Factory® ( http://trademarkfactory.com ) is the only place in the world where licensed lawyers and registered trademark agents will help you register your trademarks with a free trademark search, for a single all-inclusive flat fee and a 100% money-back guarantee.

The knowledge and experience in the field of intellectual property are still there, I just am not allowed to offer legal advice due to some archaic rules set up by Bar Associations and Law Societies.

I hold the license of a registered trademark agent. My firm directly files trademarks in Canada and the U.S. and has associates around the world to file trademarks elsewhere.

Through Clarity, I provide strategic advice as to which areas of intellectual property your business should look into right now, which areas can wait, and which areas you can safely ignore. I call this service Intellectual Property Strategy Review.

P.S. I recently changed my Clarity login from MINCOVLAW. I hope this field gets indexed by Clarity search.

$10.00/min

51 Calls

25 Reviews

24 minutes
Avg. call

Intellectual Property Licensing IP Strategy Branding & Identity Legal Advice Legal Services Intellectual Property Strategy Trademarks Domain Name Disputes Internet Law

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Trademarks, Copyright, Intellectual Property

I have been an intellectual property lawyer for over 20 years. I have provided legal services to the satisfaction of all sorts of clients - starting from my own father, a famous Russian composer, to a multitude of authors, entrepreneurs and startups, to multinational companies like Apple, Microsoft, Sony, Ford, Porsche, Dreamworks and many others.

http://mincovlaw.com

Answers 4
Reviews 25

Answers

Andrei Mincov answered

What range of percentage of net sales is reasonably to ask for.

This is always a question of who wants whom more. I've seen deals where the percentage was in single digits. The thing is, I've seen both deals where a LICENSEE ended up with a single digit percentage and deals where a LICENSOR ended up with a single digit percentage.

It all comes down to your ability to convince the other side that you are bringing in so much to the table that the other side should get a smaller piece of the pie.

Essentially, this depends on these factors:
- whether you are well-known in the industry;
- whether the other side is well-known in the industry;
- the level of uniqueness of your product (if you've developed another minor variation of a product that already exists on the market, chances are the distributor will want a larger piece of the pie);
- your level of desperation (it's one thing when you partner up with someone else who will commercialize your product simply because you can make more money by investing your time building new stuff; it's another thing when you have no realistic way to commercialize the product yourself, and if you don't find someone who can do it for you quickly, you'll starve...)

MOST IMPORTANTLY, no matter what number you agree to, make sure you read the contract extremely carefully. Contracts can create rights and contracts can destroy rights. Contracts are more powerful than any rights vested in you by IP laws.

So, the bottom line is:
- Know EXACTLY what you are trying to get out of your contract;
- Get your contract reviewed by an experienced lawyer, but make sure you tell the lawyer what it is you're trying to get out of the contract.

Lawyers are not going to create "the right deal" for you. We're not going to tell you whether you should be getting 9% or 90% of the revenue. We're going to make sure that you understand whether the contract you are about to sign reflects what you think the terms of the contract are.

You're welcome to schedule a call if you would like to discuss this in more detail.

Cheers,
Andrei

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Licensing

Licensing Negotiations

Software Licensing

Andrei Mincov answered

Is it possible to receive trademark protection prior to registering my mark?

In common law countries (U.S., Canada, UK, and a few others), you will have limited protection to your unregistered trademark. The protection will be limited to the geographical area where your trademark has become known by a sufficient number of people who have come to associate your trademark with your products and services. You will have no protection outside of that geographical area, and anyone can legally rip your brand off.

Most countries in the world provide NO protection to unregistered trademarks, so unless you have filed a trademark application in those countries, your brand is unprotected.

Check out the cartoon we published on this topic at http://trademarkfactory.ca/cartoon/unregistered_vs_registered_trademarks

And feel free to schedule a call if you have further questions.

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Andrei Mincov
Founder and CEO of Trademark Factory® (http://trademarkfactory.com), the only firm in the world where licensed lawyers and trademark agents help entrepreneurs and businesses from around the world trademark their brands with a free comprehensive trademark search, for a single all-inclusive flat fee, with a 100% money-back guarantee.

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Trademarks

Intellectual Property

Andrei Mincov answered

When is the best time to trademark a logo or name? Does the order matter? We are launching our beta site in a few weeks. Should we do it now or wait?

Here's the simple rule: you want to be the first person on the planet to realize that there is value to your brand, at which point you should trademark it.

A trademark is like a gun: much better to have one and never need it than to need it and not have it.

To determine if you should trademark your brand, you should visualize that you have built a successful business around your brand. Everything is just the way you hoped it would be. And then ask yourself 3 questions:

1. Would it be worth fighting in court if you were to receive a demand letter from a lawyer representing someone else and claiming that THEY own your brand, and that you should immediately rebrand?

2. Would it be worth fighting in court if you were to see your competitor use YOUR brand to advertise THEIR stuff?

3. Would there be any value to your brand if you were to sell, license or franchise out your business?

If your answer to ANY of these 3 questions is YES, trademark your brands ASAP. It will be the cheapest brand insurance you have ever had.

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Trademarks

Startups

Andrei Mincov answered

Shall we register our company before testing the MVP?

You are approaching this bass-ackwards. Incorporation is never the goal or a milestone. It's a means to a certain end.

You should not be asking yourself, "are we big enough to incorporate?" Your question should be "What am I trying to accomplish and is incorporation going to help me get there?"

Is your goal to look cool because you have a registered company? Do you have investors knocking on your door hoping to buy shares in your business? Are you trying to shield yourself from some liability that is inherent in your product? Are you looking for a better tax structure for your business?

Until you know WHY you are even contemplating incorporation, you can't answer when is the right time to do it.

This is all very fact specific. Feel free to request a call if you want to discuss

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Legal Advice

Company Building

MVP

Reviews

friendly, easy going and informative! :)

Pat Le Paulier Source: Clarity

Working with Andrei was time and money well spent. His knowledge and advice saved us from making a HUGE mistake - and set us on the correct path forward.

David Monteith Source: Clarity

Speaking with Andrei and listening to his sound and knowledable advice gave me the confidence that I knew, from listening to his YouTube videos, that I went to the right person for advice and guidance.
Thank You Andrei and God bless.

Nelly Alvarado Source: Clarity

Andrei was able to provide me with some really valuable insights. I appreciated the consultation a lot!

Danielius Jakutis Source: Clarity

Andrei offered some great actionable advice so that I could get unstuck and move forward with a trademark issue I was having. He understood my specific situation and suggested the most realistic course of action for my specific circumstances.

Darren Hutchison Source: Clarity

Very nice. Great information and explained things well.

Alan Tocheri Source: Clarity

Right to the point and super helpful. Helped me make a decision I was on the fence about and I know I'll call him again if I have more needs on this matter. Thanks Andrei!

Daniel Demsky Source: Clarity

Answered all my questions very well. Gave me exactly the information I was hoping to get from the call. Provided useful free resources for further information. Very knowledgeable in his field. Would definitely use his services again. Was on time. I gained the desired clarity from our call together.

Source: Clarity

Andrei's advice was clear and to the point. Recommended.

Henneke Duistermaat Source: Clarity

Another great call with Andrei. Highly recommended as always.

James Johnson-Flint Source: Clarity

Andrei is a true professional and very knowledgeable. He quickly overcame the concerns we presented and gave us some clear actions to take forward to protect our IP. Highly recommended. Thanks, Andre!

James Johnson-Flint Source: Clarity

Member since February 2013