1. Is that true that the most advantageous state for establishing a company in the United States is Delaware?
The answer is “not necessarily”. If you have already established your company in Delaware and have made a conscious choice by discussing your business plan with the help of a lawyer and accountant before this establishment, there is no need to worry. Delaware may be the right address for you. But this does not always mean that Delaware is the right answer. Before choosing the state where your company will be established, you should consider where your company’s physical location will be. Establishing the company in the wrong State may require register the company in multiple States, which may be costly for you.
2. Is that true that when applying for a trademark in the United States, you must apply with a logo?
The answer is “not necessarily”. Applying for a trademark with a logo is the right choice to protect your logo in the United States. However, in some cases, a trademark registration with a logo may become a hindrance for you in the future. If you apply for a trademark with a logo, the trademark registration and protection you will receive is valid for this logo and the literal element associated with it. If you change your logo (or its claimed features) when you use it in commerce, you may risk the brand protection you have received with the trademark registration. We highly recommend that you consult us before obtaining trademark protection in the United States.
3. Is that true that if I go to court in the United States and I win the case, the court will automatically make the other party pay my attorney and litigation costs?
The answer is “not necessarily”. The reason for this assumption is the rule that Turkish companies and merchants are accustomed to in Turkey: “The loser of a lawsuit pays the expenses of the winner.” In the United States, courts do not automatically apply this rule. They require a prior written agreement signed between the parties to that effect. For an example, let’s say that you are a Turkish exporter, and a U.S. buyer owes you money. When there is no signed agreement between you and the U.S. buyer, you may have to pay your own attorney fees and litigation costs even though you win the case. Therefore, we strongly recommend that before you ship goods to a U.S. buyer, make sure to sign a protocol, even if it is short, to address this issue.
