In early August of 2019, the United States Patent and Trademark Office passed a new rule restricting applications for US trademarks by foreign applicants and registrants. If your trademark application was submitted prior to August 3, 2019 and is approved, this law does not affect you. If your application requires further action or is filed after August 3, 2019, you will need a US-licensed attorney. New Read More
Business Owners: Evenly Distribute Your Assets in Your Trust After You Pass
As a business owner, you need an estate plan that addresses the management and distribution of your business after you pass. Depending on the other assets you have, there are several ways you may choose to structure your estate to ensure that your children are treated equally during estate administration if you own a business. Planning for Your Largest Asset It’s essential to work with an estate planning lawyer Read More
A Brief Overview of Business Succession Planning
As a business owner, you have put a lot into your company. Beyond the obvious financial investments and sacrifices you’ve made, you’re poured your ideas, time, and energy into building your business to its current state. That’s why it’s so important to include business succession planning in your estate planning efforts. Figure Out When You Want to Leave Perhaps one of the most important questions to answer as Read More
Understanding the Difference Between an LLC and a Corporation
When you’re starting a business in California, one of the first decisions you’ll need to make is what form it will take. Two of the most common types are LLCs and corporations, and understanding the differences between the two can help you decide which structure will work best for you. An Overview of Limited Liability Companies (LLCs) LLCs are a flexible business structure, which makes them the entity of choice Read More
It’s Never Too Early to Start: 5 Important Reasons to Begin Building Your Estate Plan Today
Estate planning is an essential part of preparing for the future, but it seems like people put more thought into which car they want to buy or where they want to spend their 25th anniversary than who receives all of their assets after they pass away. Sometimes this failure to consider the future is unintentional. When you’re growing a family or building a business, you’re focused more on present needs and decisions. Read More
Springing Vs. Non-Springing Powers Of Attorney
If you do not have a Power of Attorney for Finance (“POA”) as a part of your estate plan when you become incapacitated, the results may be devastating. Your family will almost undoubtedly have to petition the court to establish a conservatorship to make financial decisions on your behalf (and medical decisions if you do not have an Advance Health Care Directive (“AHCD”). With a POA, your family will likely be Read More
What Are My Options If My Trademark Office Action Will Be Denied?
Trademark applications are commonly refused because of a likelihood of confusion between the applicant’s mark and a prior pending or existing registered mark. If your trademark application falls in this category and responding to an Office Action is not feasible or your response will not approved, there are several other options you can pursue to remedy the issue. Negotiate With The Owner of the Read More
What Is The Trademark Registration Process In The U.S.?
Filing a trademark application with the U.S. Patent and Trademark Office (USPTO) starts an often complex and lengthy legal proceeding that continues for approximately eight or twelve months. A timeline of the most critical stages is helpful to understanding the overall process. Initial Filing and Examination Process You can file a Use-Based application or an Intent-To-Use application using the Read More
What Is An Acceptable Trademark Specimen?
To obtain or renew your trademark registration, the U.S. Patent and Trademark Office (USPTO) requires you to submit a trademark specimen for each class of goods or services used in commerce. Understanding how to submit an acceptable trademark specimen will help secure your trademark registration without problems. A trademark specimen is a real-life example of how you actually use your trademark in connection Read More
How Do I Respond To A USPTO “Likelihood of Confusion” Office Action?
You did the right thing to protect your brand or new product name, and you successfully submitted your trademark application to the U.S. Patent and Trademark Office. After months of waiting, you finally receive word from the USPTO. But it’s an email titled OFFICE ACTION with a warning that failure to respond will cause you to abandon your trademark application. Don’t worry, receiving an Office Action does not Read More
