I am forming a single member LLC and want to make sure I retain maximal liability protections: specifically I want to make sure that the corporate veil isn't pierced as my understanding is that single member LLCs are more prone to this. Does havin...
It will not have an impact. The registered agent is simply the address where the state sends you legal papers that were served on it. It does not affect liability whatsovever.See question
Bailed out, but know the Judge is threatening to put me back in for forensics.
Yes, the judge can do so if he finds a good reason. It is unusual but possible.See question
My father passed away in 2016 with a Will. My sister was named Executor and i know for sure she hid/robbed assets from the estate. The informal accounting shows only one of the bank accounts. I know for sure there were more in another bank. My fr...
You can challenge the accounting and ask for a formal accounting with documentation, or that the court review the accounting before closing the estate.See question
I have received a VTL1202(a) x 2 (as a result of a plea offer) while I was visiting NY. If I take it will it affect my license in my home state (IL)?
Infractions in other states will not affect your out of state license but will be part of your driving and insurance record.See question
My mother passed away almost a year ago and there is a funeral home bill that hasn't been paid. $2,000 of it has been paid but there is still a balance of $6,000. I have had financial difficulties of my own and the funeral home is demanding paymen...
It depends on two things: what assets are in the estate and whether you personally guaranteed the funeral home bills. If the estate does not have enough money to pay the bill, it will generally go unpaid. Funeral home bills are the first bills to be paid from the estate. No other creditors can be paid first. The exception to this is the case where you personally guaranteed to pay the bills if the estate did not make payment in full. Check the paperwork you signed.See question
My company already has a registered trademark for our logo, but we want to add our tagline/slogan. I'm not sure whether we can add the tagline to the existing trademark or if we would need to get an entirely new one for the tagline?
Unfortunately, you cannot amend an existing registration and will need to file a new application to protect the slogan. I agree with the responses from my colleagues, but would like to add to the conversation.
Slogans must be used as trademarks to be registered. That is, they must be used in a source identifying manner. They must either be immediately distinctive, or in most case, have acquired consumer recognition as a brand identifier before they can be registered.
An experienced trademark practitioner can help guide you on how to use the mark to qualify, and help determine the best filing strategy. While filing for slogans as independent marks is generally the best strategy, there are ties when the consumer recognition might not have been established yet. In that case, filing a slogan with a house mark can help meet the filing requirements. After a few years, a separate registration for the slogan can be added to the trademark portfolio and family of marks for the business.See question
Received an email from a law firm representing a competitors company stating my company's logo is in violation of the Lanham Act. I disagree completely and want to trademark my logo to prevent this type of harassment from happening in the future. ...
I agree with my colleagues about the importance of experienced legal guidance. Filing an application that is in fact infringing can worsen the situation and subject you to greater legal troubles.
You may be correct that there is no infringement. In my practice, a substantial portion of the cease and desist letters are without merit. That is where experienced legal assistance can help immensely. However, determining infringement does not always follow what may seem as common sense or what business owners feel is fair. It is a very fact specific analysis and you may be dismayed to learn there is some merit to the allegation. However, the solution need not be stop using it entirely. There are other ways to address the situation such as license agreements, consent agreements, co-existence agreements and modification to the proposed mark.
In the end, a consultation with an attorney with a focus and experience and trademark is a good investment that will likely save you money and help you assess your brand strategy and best next move.See question
If someone choose to don't publish the patent application (while he files it), does this affect the application in the future or during the examination? Thank you.
The patent application will be treated the same way by the Patent Examiner. By not publishing, you give up two rights: the ability to get patent damages before the patent issues (they are available in some circumstances when the application publishes and becomes public) and the ability to seek international patent protection.See question
We have a company that uses a name similar to another company. From what I can tell, we both began publishing the name in press releases, etc at the same time but they claim to have used it before then and, in doing so, won't allow us to continue ...
What is “Use” for Trademark Registration?
In order for a trademark to be registered, the applicant must be using the mark in commerce on the goods and services listed in the application. We are often asked what use is, and whether the applicant can print some business cards or sell one item to someone they know and satisfy the requirement. Unfortunately, these tactics will not work. The United States no longer recognizes “token use,” a one-time use made solely to comply with the use requirement.
“Use” means actual commercial use ( actual sale, offer for sale, rent or distribution) in interstate commerce of the trademark on, or in connection with, all of the specific goods or services listed in the application in the normal course of business.. Commercial use can be either interstate (between two or more states) or international (between the United States and one or more other countries). Interstate commerce generally involves a common carrier to deliver the product or telecommunications to place the order.
There are a few cases where use in one state may qualify for interstate commerce because the consumers themselves are frequently from out of state:
Retail stores (and their goods) located in airports or on cruise ships
What does not qualify?
International commerce that doesn’t include the United States
Use of the mark on any goods or services not listed in the application
In your application, you listed goods and services you intended to use the mark in association with. Often, you listed more products than you initially launch. The mark must be in commercial use on all goods or services listed in the application. If it’s not, you can delete the goods and services that are not currently for sale and file a divisional application on the others.
First use anywhere means the first date the mark was commercially used on any one of the goods or services listed in the application even if it wasn’t in interstate or international commerce. First use in commerce means the first date the mark was commercially used in interstate or international commerce. Those two dates can be different or the same.
“Proof of Use” means some tangible means of showing that the mark is being used as a trademark or service mark on or with the specific goods or services listed in the application. In other words, the mark must be used as a source identifier, as your brand. Even though the mark must be in use on all of the goods or services listed in the application, you only need to provide proof of use for one of the items listed, not all of them. The USPTO requires a declaration verifying use on all the goods, but only requires one specimen of use.
I was wondering if one can have a trademark that has the same phonetic sound of a geographic term. I understand that geographic terms are weak trademarks and cannot be registered. However, a company such as "Eataly" has registered its trademark al...
I agree with my colleagues. I will add a few points that may be helpful: Phonetic equivalents are generally indexed under the standard spelling. (For example, "kwic" and "quick" will come up under a search for quick.) The phonetic equivalents will be considered in the analysis of confusingly similiar marks. The answer depends on how distinctive the phonetically equivalent mark is overall. There are many factors used in this analysis. Sound is one of them, but there are many others.See question