October 27, 2016
by Raleigh Lawyer
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Should I Trademark My Business? continued

Welcome back. Today, our trademark lawyer in Raleigh NC is going to continue discussing whether or not your business needs a trademark.

Should I Trademark My Business? | Trademark Lawyer Raleigh NC

Every business needs an internet presence, but these days domain names can be hard to come by. If you find that someone has already bought an internet domain that is associated with your company name or image, you may have a better case of obtaining it if your company is registered through the USPTO.  The Anti-Cybersquatting Consumer Protection Act allows a trademark owner to collect damages and recover a domain name from someone who owns one that is identical or similar to his or her company. This happens frequently with famous people, which is why they often trademark their name so that they can have control over how it is used.

You can register your company’s name as well as its logo, slogan or other identifying design. Some recommend registering them separately, so that you are able to use them individually. If they are registered together, you have to use them together at all times. It can become an issue if you expand your business into another area, or end up dropping your current logo or slogan.

While you can register your company and logo or slogan on your own, the process can be confusing to those who are not familiar with the terminology. You must also check the trademark database to make sure there is not another company and design registered. The database is available for the public to search, but the results can be hard to understand.

According to a study done by the University of North Carolina School of Law, which reviewed 25 years of USPTO information, applicants who had the help of an attorney were 50 times more likely to have their trademark approved over those who did not seek the advice of a lawyer. If you are considering applying for a trademark for your business, call the offices of Klish and Eldreth to speak with our trademark lawyer in Raleigh NC for  intellectual property law.

If you missed our previous blog post, be sure to visit back with it, as well, for more information.

Klish and Eldreth | Trademark Lawyer Raleigh NC

If you need help with trademarking, be sure to contact our lawyer in Raleigh NC. We are here to help.  Also, consider estate planning, as well. It’s a way to ensure your loved ones are cared for after you’ve passed. It’s also a way to distribute your belongings to specific loved ones as well. It’s important that one not pass without this document. Doing so can result in a court case that will leave your loved ones stuck in probate court. This could be not only time consuming but expensive as well.

For more information on trademarking or basic estate planning from our lawyer in Raleigh NC, be sure to visit back with us, soon! If you have questions about the information you’ve received here, contact us. We are here to help.

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October 25, 2016
by Raleigh Lawyer
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Should I Trademark My Business?

As a business owner, you want to make sure your company name and image is distinguished from others, especially those who may be competitors. You may be considering getting a trademark in order to ensure it will be protected and that your brand or logo will be associated solely with your business. Our attorney in Raleigh NC is here to help you better understand trademarks and whether or not your business needs one.

Our Attorney in Raleigh NC Talks Trademarks

As we discussed in previous posts, a trademark is an image, phrase or design associated with your company or your company’s product. It can be an image, a logo, a slogan, a symbol or some other form of design that sets your company apart from others. Trademarks fall under intellectual property law, which protects people and companies from having others use their brands or work as their own.

While you can trademark your company’s image by simply placing a “TM” in the logo or name, you can also register it officially through the U.S. Patent and Trademark Office (USPTO). If your company offers a service rather than a product, you would use the letters “SM” for service mark.

Having your business registered through the government gives you more leverage if you were to go to court with a case involving your intellectual property. Once you have applied for a trademark and it is accepted, you can add a registered mark, which is the letter “R” in a circle.

When your business is officially registered, you will be better protected if a case involving infringement arises. Another benefit it that is allows you to register with U.S. Customs to prevent imports of similar foreign products. Our attorney in Raleigh NC can help you with registering your business. 

For more information about whether or not you might need to trademark your business, visit back with our next blog post.

Klish and Eldreth, PLLC

As always, feel free to contact us with any questions or concerns you may have about trademarking or other legal situation. Our attorney in Raleigh NC is here to help you with all your legal matters, whether it be entertainment law, trademarking, copyrighting, or DWI issues.

Also contact us to schedule a consultation if you have yet to start estate planning. It’s never too early to make plans for your wishes upon death. When planning your estate, you may want to consider which assets are subject to probate and which are not so that you can make the best decisions in how you designate heirs. If you need additional help, reach out to our attorney in Raleigh NC to ensure that you are creating the best plan for your situation.

 

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October 23, 2016
by Raleigh Lawyer
Comments Off on Facts About Trademarking

Facts About Trademarking

 

A trademark is an image, phrase or design associated with a company or its product. It can be a logo, slogan or other design that distinguishes them from other businesses. Trademarks fall under intellectual property law, which protects people and companies from misappropriation of their creative works. Our trademark lawyer in Raleigh NC at Klish and Eldreth can help you better understand this, below.

Facts | Trademark Lawyer in Raleigh NC

Companies use trademarks to distinguish themselves from competitors. They want consumers to see their name and associate it with the service or goods they offer as well as the standards of customer service they provide. A company wouldn’t want another business with a similar brand to confuse people into thinking it’s the same company or a related company.

If another company came along with a similar service or product and a logo that looked like yours, you would probably worry that your customers would go to them accidentally. If that other company does not have the same standards or quality of customer service that you have, they may tarnish your image to anyone who does not realize the difference. Hiring a trademark lawyer in Raleigh NC can help. 

A trademark is different from a copyright and a patent. A copyright protects written works such as literature, music and art. It protects the creator against someone else copying their work. A patent protects an inventor by preventing others from making the product he or she created.

You can trademark your company simply by placing the letters “TM” in your design or logo. If you want to go a step further to protect your company and brand, you can register with the United States Patent and Trademark Office (USPTO). This will provide extra protection and help enforce your legal rights if an issue arises. Once it is registered, you would use the registered trademark symbol, the letter “R” with a circle around it.

If you want to register your trademark, you can submit an application to the USPTO online. There are fees associated with registering for a trademark. They are not refundable even if your request for trademark is not completed, so it is important that you follow the procedure properly and submit the correct information.

Before submitting an application, you should check the trademark database to make sure there is not a company who is already using the design or logo you have selected. The database is available for the public to search. Registering a trademark can be confusing, so the help of a trademark lawyer in Raleigh NC who knows about intellectual law can help guide you through the process.

Once you have a trademark that has been registered officially, it is good for 10 years with a 10-year renewal.  During the fifth and sixth year of the first 10 year period, the company must file an affidavit to keep the registration active. If it is not done, the registration is cancelled.

The benefit of registering your trademark through the USPTO is that it shows you are the legal owner of the design or logo and it is associated solely with your company. If someone tries to copy your trademark, you will have more legal pull in cases against imitators. If you sell in other countries, you are able to register in other countries. In addition, if you register with U.S. Customs Service you can prevent imports of similar foreign products.

If you are interested in registering your trademark, contact Klish and Eldreth for help. Our trademark lawyer in Raleigh NC can help with intellectual law, including trademarks, copyrights and patents.

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October 21, 2016
by Raleigh Lawyer
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Start Estate Planning, Today!

Are you considering starting your estate plan? If so congratulations. Estate planning in Raleigh NC is an important part of life but some people choose to ignore. However, at some point we will all pass on and our belongings will need to be distributed to our loved ones. If you are ready to start a state planning, consider the following tips.

Beginner Tips for Estate Planning in Raleigh!

Working With a lawyer. An estate lawyer in Raleigh can help you ensure your will and other documents included in an estate plan is valid. Working alone might result in your estate plan going through probate at some point. Contact her estate lawyers today to learn more.

Power of attorney. You will need to appoint a power of attorney to ensure on your finances are taken care of at some point should you pass untimely or in the event that you become incapacitated.

Health Care. It’s important to include health care wishes in your estate plan. It’s impossible to predict what might happen in the future. You might find that at some point in your life, you’re unable to make decisions for yourself, or you might become incapacitated. Stating your wishes for health care in your estate plan will help loved ones know what to do, should that situation happen.

Leaving a trust. This is something that you may want to talk with and state lawyer about come as well. Contact us today to make your appointment.

Beneficiaries. It’s important to name a beneficiary for all financials. This helps the accounts become automatically payable upon death, to the correct person.
We hope this information helps you understand why it’s important to create an estate plan. Doing so on your own might be stressful and overwhelming. Consider working with her estate lawyers in Raleigh NC, today.

Klish and Eldreth | Estate Planning in Raleigh NC

Remember, estate planning in Raleigh is important. It’s a way to ensure your loved ones are cared for after you’ve passed. It’s also a way to distribute your belongings to specific loved ones as well. It’s important that one not pass without this document. Doing so can result in a court case that will leave your loved ones stuck in probate court. This could be not only time consuming but expensive as well.

Regardless of whether you’re married, single, wealthy, childless or a parent, it’s important for all adults to have an estate plan and the proper documents in place at the beginning of each year. If you’re ready to begin planning your estate contact our estate lawyer, today.

 

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October 18, 2016
by Raleigh Lawyer
Comments Off on Elective Share, Continued

Elective Share, Continued

Welcome back. We are here with more information about elective share and the revised statutes that should be followed. If you have questions, contact our estate lawyers in Cary NC.

Elective Share | Estate Lawyers in Cary NC

The revised statutes are based solely on the length of marriage and are as follows:

  • A surviving spouse is entitled to 15 percent of total net assets if married less than 5 years.
  • If married at least five years but less than 10 years, the surviving spouse is entitled to 25 percent.
  • If married at least 10 years but less than 15 years, the surviving spouse will get 33 percent.
  • For couples who were married at least 15 years, the surviving spouse is entitled to half of the deceased’s assets.

The “total net assets” are defined as any property the deceased held at the time of his or her death, jointly or individually, plus benefits under life insurance policies and retirement accounts.

Even though the new revisions protect spouses even if it wasn’t their first marriage, they prevent some married couples from getting larger amounts distributed to their surviving spouses. A newly married couple will only see 15 percent of the assets going to the survivor, even if they have been together for longer but not married.

Eight other states, Colorado, Hawaii, Minnesota, Montana, Oregon, South Dakota, Tennessee and West Virginia, have adopted a similar sliding percentage scale for their elective share statutes.

There are requirements that must be met in order for a surviving spouse to claim the elective share. It also must be done within a certain time period.

Klish and Eldreth, PLLC | Estate Lawyers in Cary NC

If you have not updated your will since 2013, when the laws were changed in North Carolina, it may be time to review your estate plan with our estate lawyers in Cary NC to ensure that it still meets your needs under the new elective share rules. Contact us, today to make an appointment

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