California Non-Disclosure Agreements
In the modern, competitive workplace, maintaining an edge over your competitors’ ideas and innovations has never been more important to the success and longevity of your enterprise. For this reason alone, non-disclosure agreements have become ubiquitous and commonplace across many industries. The fear of secrets, designs, and upcoming ideas or trends leaking out is so prevalent that many companies struggle to contain their own in-house secrets and methods from their competitors without subjecting their own workers to intense scrutiny. However, this is where some of the advantages that come with non-disclosure agreements shine through.
Think of it this way: when a business hires a new employee, the very last thing they want out of their new member is for another company to swoop in with a more lucrative offer to steal the employee...especially if the new employee has had some time to learn about the company’s trade secrets and confidential information. Having a key employee or asset leave your company and work for a competitor can be disastrous because of the secret information the worker may have had access to while they worked for you. If they manage to share those secrets with a competitor, then you may very well risk losing your competitive edge in your industry.
On that note, non-disclosure agreements can help business and prevent this whole situation from ever arising by simply preventing your workers from disclosing or even talking about company secrets and confidential information. However, generic non-disclosure agreements are of little use to most businesses, because each company has its own niche and thus, its own secret information. As such, the best non-disclosure agreements are the ones which are specifically tailored to a company’s needs by an attentive business lawyer. That way, you can be sure that the non-disclosure agreement touches upon all of the relevant points for your company.
As far as non-disclosure agreements go, it’s always very important to be particular with what you outline in the contract. Tailoring the agreement to your needs is key to an enforceable and successful agreement that can hold up well in court. So, before making your employee sign your non-disclosure agreement, you’ll want to take a closer look at the contents of the agreement first. Make sure that your agreement mentions:
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At KAASS LAW, our business law lawyers believe in our clients’ abilities to innovate within their industries. We stand by our clients by helping them draft up specific, tailored non-disclosure agreements to maximize the benefits that it can offer. Ensuring our clients’ commercial success is key for us and we demonstrate this by being with you every step of the way. Even in the event that information gets illegally leaked, we are here to make sure our clients get their due compensation in court. We invite you to give us a toll free call at (310) 943-1171 to speak to our California business attorneys today to see how we can help protect the most valuable assets of your business.
KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171
The Terms and Conditions of Use and Why You Really Should Have One
You’ve seen it. Pretty much every website or online service you use makes you agree to it. Yet, even though it’s everywhere on the internet, many misconceptions still exist. We’re talking, of course, about the Terms and Conditions of Use that you agree to every time you do pretty much anything online. Seeing as how Terms and Conditions exist on every platform, you stand to benefit greatly by understanding why it is so important that every site has their own version of it.
Contrary to popular belief, while the Terms and Conditions of Use agreement is greatly recommended to have for your website or online platform, you are not required by law to have this agreement. From a legal standpoint, only policies regarding user privacy are required to be displayed publicly, and that’s only if you gather personal data from users of your service or platform. Data can refer to such things as email addresses, names, physical addresses, gender, age, telephone numbers and other pieces of personal information. Terms and Conditions of Use can also be called Terms and Conditions or Terms of Service or even just Terms of Use.
A promissory note is a legally binding agreement in which the issuer promises in writing to pay a set amount of money to the payee at a determined point in the future.
In effect, a promissory note is a fancy way of promising to pay someone back. It’s a type of document that is found commonly in many aspects of financial transactions. Sometimes, promissory notes are also called loan agreements or IOUs.
If you are loaning or borrowing money, a promissory note is extremely useful to establish because it clearly outlines the terms of the arrangement, including payment details, interest, late fees, collateral, and timeframes and deadlines.
Another reason you would want to use a promissory note is that it is a legally enforceable document as it creates a legal obligation to repay the loan within the specified time. It can be used for mortgages, student loans, car loans, business and personal loans. In short, you’ll want to use a promissory note if:
Service agreements are legal documents between a service provider and a client, in which the service provider agrees to perform certain services for a client. These services can range from small, individual services like babysitting or dog walking, to much larger scale, more professional services such as accounting or consulting. Regardless of the scale or difficulty of the service that is to be provided, the service agreement acts as a clear outline for the expectations and agreements between provider and client. Independent contractors, freelancers, and consultants, and, they typically involve one party agreeing to pay the other party a set amount of money for a specific service.
While it can be extremely tempting to simply operate by word of mouth or by the honor system, it’s inadvisable to do so. In fact, it’s always a great idea to establish your understanding with the other party in writing. While this is more formal, it also ensures that both parties are very explicit and clear about the expectation from the other and, most importantly, it establishes a clear paper trail indicating the assent of both party to those terms. So while the temptation to simply operate on a handshake or verbal agreement can be very great, especially when working with a small business or a family-owned company, it’s always best to take the time to draft up an agreement in writing. This simply solidifies the responsibilities of both sides and ensures that the service will perform at a fair price.
Independent Contractor Agreements are an effective way to clearly detail the scope of a project and services rendered, payment schedules and deadline expectations of both parties in a freelance arrangement. These types of agreements are legally binding and they serve the important purpose of specifying the details of a service so that both sides are shown to be aware of the agreement. This allows for both sides to be held accountable for their actions and their respective responsibilities. Independent Contractor Agreements are also sometimes referred to as Freelancer Contractor Agreements, Contract Labor Forms, or Independent Contractor Contracts, but they all amount to the same thing from a legal perspective.
You’ll want to utilize an Independent Contractor Agreement if:
By far, the most significant and noteworthy distinguishing factor about these types of contracts and agreements is that they are NOT for employees. It is instead specifically for drafting up an agreement between you–or your company–and an independent or freelance worker. An example of this would be paying a handyman to fix some stuff in the office, or hiring a freelance IT person to optimize your website or office space, or even taking on a consultant to get another expert opinion or counsel on a business move that you are considering.
So, you successfully submitted your trademark application and you’re so excited to hear that your trademark is now officially registered!
Except, instead of that notice, you get another letter from the U.S. Patent and Trademark Office called an ‘Office Action’. The letter seems confused and complicated and at this point you’re not even sure if your trademark was outright denied or put on hold. You begin to wonder if this was all a huge mistake.
Well, we’re here to clear up some of the confusion for you. First of all, it’s not a huge mistake. Taking the steps to protect your brand, idea, or design is a huge one and submitting the application for it is no small feat! The truth is, it’s actually quite common for trademark applications to not get accepted immediately. Importantly, this does not mean that your application has been denied. It just means that the USPTO needs some more information before granting you your trademark. After you submit your application, an examining attorney at USPTO will review it and they will determine if there are any problems with your application. If there are any, you will receive an ‘Office action’ letter, detailing what went wrong.
Now more than ever, intellectual property comprises an irreplaceable and crucial part of any company’s success and its competitive edge. IP embodies many different forms, such as patents for innovative and handy features which make products more desirable, or design patents which protect how the products looks; trademarks which protect names, logos and symbols used to identify and distinguish a company and its products; trade secrets which protect customer information, supply chain info, formulae and recipes; copyrights which protect software, artwork, written work, marketing materials and guides. For these reasons and many others, properly managing the intellectual property that your business has access to is absolutely vital for paving the road to both short term and long term success in your industry.
It used to be the case that most businesses actively focused on acquiring tangible assets but in recent years the trend has shifted such that the acquisition and management of intangible assets, like intellectual properties, has become far more important for most businesses. This trend owes itself to the importance of internet business and e-commerce. Now, businesses increasingly understand and recognize the need to garner their intellectual property as that may very well be the unique asset that sets apart their brand from all the others.
Who is liable if a director, officer, agent, or employee of an unincorporated association harms me during their scope of duty or course of employment? Under California Corporate Code § 18250, "Except as otherwise provided by law, an unincorporated association is liable for its act or omission and for the act or omission of its director, officer, agent, or employee, acting within the scope of the office, agency, or employment, to the same extent as if the association were a natural person." This essentially means that the unincorporated association is responsible for whatever its personnel (director, officer, agent, or employee) does, if it is within the scope of the duties that the personnel is in with the association or during the course of employment. For example, usually unincorporated associations are clubs or teams, such as a recreational soccer team. If a director of a soccer club, registered with the California Secretary of State as a unincorporated association, is involved in a automobile accident while driving a bus full of weekend worrier dad's and mom's to a soccer match, than the association is liable. Thus, if the director is liable for the accident within the scope of duty to the association, than under California Corporate Code § 18250, essentially a codified version of the Doctrine of the association is likely liable for the director's acts. However, the situation is different if the personnel is not within the scope of duty. For example, committing a unrelated and unforeseeable crime while beyond the scope of duty.
A business’s intellectual property has the potential to be its most important asset, granting it a huge competitive edge over competitors across industries. This is because intellectual property is uniquely created by creativity and innovation and it ought to be protected as such.
Intellectual property rights can be broadly grouped into four categories which are trademarks, copyrights, patents, and trade secrets. As an initial gesture of protection, a business should protect its intellectual property rights by registering a trademark or filing for a patent application. These are examples of the first, but by no means last, steps involved in protecting a business’s valuable and intangible assets.
Once registered, a business should remain aware and continue to monitor its intellectual property in order to identify and put a stop to infringement and unfair use. In fact, taking the time to review both proactive and protective measures is essential to securing your intellectual property; it’s best to think of this time spent as a crucial investment to ensure your company’s competitive standing and financial success. A common misconception is that once intellectual property rights and protections are granted, no one will dare to infringe upon your work. The reality couldn’t be any more different. Nobody is going to look for copyright violations or trademark infringement on your behalf: it’s always up to you to actively protect your work. Trademarks, copyrights, and patents merely make it so that in the event of a lawsuit, you will have a far more compelling case on your side since the government acknowledged your intellectual property.
Understanding how to patent your creations is crucial because patents protect your ideas from others imitating and profiting off of your original work. The only downside to patenting your work is that the process of registering for a patent is arduous. Taking your idea from conception to patent requires a huge investment of time and energy to research and submit all of the necessary materials. However, to begin the process in the first place, you must first know what exactly a patent entails.
Put simply, a patent is a grant issued by the U.S. government which gives the creator or inventor the right to prevent all others from producing, utilizing, or selling their invention. In order to acquire a patent, either the inventor or the business for which the invention was produced must file a patent application with the U.S. Patent and Trademark Office, or USPTO for short. The exact cost of the filing fees varies depending on the type of patent application. But even before thinking of filing a patent with the USPTO, you should research already existing patents at the Trademark Depository Library and the California State Library Patent to determine whether your invention is already patented.
Regardless of what you want to call it, a Terms of Use Agreement is a series of rules and conditions to which users must give their consent and understanding in order to utilize a service or product. In short, it is an agreement that establishes the rules that users must agree to if they want to use your website. While you aren’t legally obligated to have a Terms of Use, there are many advantageous reasons why you should include one on your site.
The Terms of Use Agreement serves as a legally binding contract between you and your users. Specifically, the agreement establishes the rules and protocols that users have to follow and abide by if they want to utilize your website or application. On the other hand, a Privacy Policy agreement serves to let your users know about the kinds of data you may collect as they make use of your site, as well as what you plan to do with that collected data. It’s in this agreement that you would write several sections talking about the rules and guidelines that come with using your site, and what the consequences of breaking those rules or abusing them are. Different users can exploit or abuse your site in different ways but some common examples of abusive actions are: spamming other users, posting defamatory content, or using your content in a way that is unintended, etc. However, you can include a clause within your Terms of Use Agreement that outlines that certain actions will not be tolerated, such as harmful language or hate speech, constantly posting spam, and harassing other users. As a consequence for engaging in those forbidden actions, you can ban users who abuse your site.
Since you are the owner of your platform, be that a website, an app, or a brand, you have the ability to call the shots with how your stuff can get used. In particular, your branding designs, logos, videos, articles, and software are yours to decide how to use and share, if at all. Moreover, you can let your users know that you are the owner of that content and that your content is protected by international copyright laws. This is a crucial clause to add in your Terms of Use Agreement and it most often gets referred to as the Intellectual Property Clause. Having this clause can really make or break your platform because it directly informs users as to how they can and can’t use your intellectual property without infringing on your original creations. As such, be sure to include a well-written Intellectual Property Clause in your Terms of Use Agreement, or it just might come back to haunt you later down the line.
Terms of Use can also provides a way to end the abusers. Besides helping you deal with abusive users and owning your content, the Terms of Use can also provide a nifty way to permanently end the accounts of particularly problematic users. Specifically, you’ll want to include a clause in the Terms of Use called the Termination Clause.
It lets users know that abusive accounts which violate the Terms of Use can be subject to termination and may get banned from using the service. This clause is especially good for sites, apps, and services that require their users to register an account before being able to use the service because you can outright terminate, disable, or even ban abusive users on the basis of the illicit activity tied to their accounts. Thus, you always an option for dealing with misbehaving users, even in worst case scenarios.
Another important perk that comes along with having a Terms of Use on your site is that such agreements often include a disclaimer which serves to limit the owner’s (i.e. your) liability, in the event that errors, misinformation, or mistakes are found in the contents of your website. Essentially, the Limited Liability Clause lets users know that there are limitations to how liable or responsible the owner can be for any harm that may come to the user because of incomplete, inaccurate, or untrue information. Thus, the content of your website gets even more protection since the degree of liability you would be accountable for much smaller.
The interesting part of international and online commerce is that our entire economies are becoming ever-increasingly interconnected and linked. Many avenues of business and commerce have bled over into other countries, despite them originating from another country entirely. A great example of this would be Amazon, which serves customers from many parts of the world, but is ultimately based in the United States. This is where the Governing Law clause of your Terms of Use Agreements comes into play. In short, it establishes the jurisdiction which is relevant to the terms outlined in your agreement. Basically, the Governing Law clause states that your agreement is bound by the law of the land in which your company, business, service, or application is headquartered. This clause serves to identify the home country and region that your company is registered in, effectively establishing the kinds of laws and rules that it has to follow. As an example, if your company is headquartered in San Francisco, your Governing Law clause should state that your site is operated by a registered business in the state of California in the United States. That will ensure that your users are aware that your site works in accordance to California and to U.S. federal laws.
Any website, online service, software, or application, should have a dedicated Terms and Conditions of Use section. While it may be the most skipped over section in your site, it is imperative to have users of your service consent to the terms presented in the agreement, as that gives you the opportunity to write in some very helpful clauses. Those clauses will limit your liability, protect your original content, allow for banning and termination of abusive users, and establish your governing law by which you conduct your services. By providing all of this information and requiring your users to consent to the presented terms, you give yourself a lot more wiggle room should any situation ever escalate into a legal issue.
At KAASS LAW, our Los Angeles business lawyers do all that we can do help our clients build sustainable, safe, and profitable businesses. We recognize the hard work and dedication that goes into delivering a final finished product and we stand by our clients to make sure they have as simple and smooth an experience as possible, especially when they initially set up their business. We invite you to give us a toll free call at (310) 943-1171 to speak to our business lawyers and to see how we can help your business grow today.
KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Crucially, a promissory note states all of the relevant terms of the loan. Some of the important information to include in a promissory note would be:
It’s worth noting that which information and details you need to include in your promissory note are going to vary depending on your specific transaction.
For instance, a simple promissory note may be for a lump sum repayment on a certain date. Let’s say you lent your friend some money and they agree to repay you by the beginning of next month. In that agreement, the full amount is due on that date, and there is no payment schedule to worry about. As for interest, there may or may not be interest involved in the transaction, depending on what agreement you both came to.
A demand promissory note, on the other hand, requires repayment of the loan when the lender asks for the money back, however, typically a reasonable amount of notice is needed.
Even with a promissory note, there is no guarantee that the person or entity will actually pay you back. However, with a promissory note, you do have several options and courses of actions that you can take to get your money back.
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At KAASS LAW, we understand accountability and mutual respect with business partners. It can be hard to mix friends and business but it’s always a good idea to keep emotions out of business transactions.
If you or a loved one need help writing a promissory note, or following up to get your payment from the promissory note, our Glendale business lawyers are here to help. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced business lawyers today.
KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171
Simply having an agreement in writing is meaningless if the agreement does not touch on the most important aspects of the business transaction in question. Therefore, it is crucial to hammer out and clearly state the important details of the service, such as:
In general, the more specific and detailed your agreement is, the better for both parties. Specificity brings with it more clarity regarding the transaction and the expectations involved on both sides. Be sure to include details surrounding the hows, whats, and when of the service and payment. Stating all of these details in the agreement is essential in case anything goes wrong as that will give you more leverage and assurance.
At KAASS LAW, we understand the importance of a clear and simple agreement. We work closely with many clients who need service agreements due to the nature of their freelance work. If you are considering drafting a service agreement for your business or to have a service provider be accountable for their work, we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced contract lawyers today. We always stand by our clients so even in the unlikely event that your service provider or client breaches your agreement, we will work closely with you to explore your legal options. Our goal is to ensure our clients get paid their fair share of compensation for their work and nothing less. Get in touch with us to see what solutions we can provide you.
KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Importantly, all of these examples are regarding independent workers and because they are not your employees, the freelancers themselves are responsible for their taxes. However, since they are not your employees, you cannot have as much control over their actions. For instance, you can’t stop them from taking on other clients while they are working with you, nor can you dictate their day-to-day schedules or tell them how to do their job. In other words, they have far more freedom than your employees because they don’t express work for you, rather they work with you on a specific issue or situation.
The first and most obvious reason is that the agreement will help to protect your business and financial interests while you are doing work with a freelancer. The contract will detail exactly what work needs to get done, when it has to be completed by, and how much you are going to pay for that work. Another reason is that protects you from liability issues and helps to shield your personal assets. Also, should you ever go to court, you will have the signed agreement to easily show the judge what your expectations were for the service.
On the other hand, if you are the freelancer, having the agreement can help you get paid properly should you end up in a disagreement with the client over the payment. You also appear far more professional by providing a contract for your clients to review and sign. Lastly, the agreement demonstrates your willingness and commitment to work and get your job done with high quality, which can be very reassuring to the client.
As we alluded to, there are several key advantages to hiring an independent contractor, such as:
Here’s the thing. If the person you have contracted to work for you is entirely self-employed, then you will need to make sure that they complete a W-9 Form and you will need to fill out a 1099-MISC form, both of which can be electronically downloaded from the IRS website. You’ll want the W-9 form to gather your freelancer’s contact information and tax ID number, while the 1099 form is how they will report income their unique tax return. You are required to do this if you pay them more than $600 in a fiscal year. Your deadline is to submit those documents to the IRS and the contract worker by January 31st on the following year from when you hired them.
Bear in mind that the burden of proof is on you since the IRS typically assumes that someone is an employee, unless shown proof otherwise. Therefore, it is wise to keep all of those records and documentation in the event that the IRS asks for further proof that the contracted worker was not an employee of yours. This is for your own benefit as it results in your own protection from any audits or inquires from the IRS.
Freelance workers are becoming increasingly commonplace and the future for most small business is one in which preference will probably be given to simply take on independent contractors and freelancers instead of a full team of employees. More and more small businesses are going along with this model of having only a few core employees and many other freelance workers for their business. This is a lucrative model, especially for smaller businesses, because it is far more cost efficient and flexible. Therefore, it is in your best interest to look and see what kinds of reviews your freelancer worker has prior to signing into an agreement with them; having an idea of what previous companies have said regarding their work ethic is like having references during an interview with an employee–it can definitely help you to make the right decision as to who to hire for the job. Furthermore, by building positive and friendly relations with freelancers, you are setting yourself up for many good working relations for years to come, especially since those workers may also have other freelancer friends that they can refer you to if you ever need some extra work done in a pinch.
At KAASS LAW, our Glendale business lawyers are all about building long-lasting and meaningful relations with our clients and their associates. We believe in the ever-changing and evolving models of the future of business and we are here to make sure our clients have the smoothest experiences going forward with their brands and ideas. Whether you are a business looking to hire some freelancers and independent contractors, or whether you are a freelance worker who is self-employed, we are here to guide you along your financial journey. We have years of experience with connecting the right people for the job, and always stand by our clients. If you are thinking of drafting up an Independent Contractor Agreement, we definitely do not want you to go through that process alone. Contract law is a very complex area of law and we can greatly simplify your business by helping you with your goals. We work with small businesses and freelancers alike to ensure that effective contracts and agreements are written and agreed upon. We invite you to give us a toll free call at (310) 943-1171 to speak to our experienced contract lawyers today and to see just how much we can help your business out. So that way, you can keep doing more of what you love: stress-free.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
There are really only two kinds of trademark Office actions that we need to know about: non-final and final. If the issue is detected for the first time, the USPTO will issue a non-final Office action. In that letter, they explain what problems persist with your application and they give you, the applicant, a chance to address and fix those problems. If, on the other hand, you have failed to address the issues that the USPTO raised in a previous Office action letter, then they will send out a final Office action letter to you. The crucial difference is that you have more limited rights to respond to final Office actions. Thus, it’s important to take action earlier on.
There are plenty of reason you may have received an Office action during the trademark process, including:
Your Response Should Be...Prepared.
In your Office action letter from USPTO, they will specify how long you have to respond to their concerns. Typically, your response needs to get back to them within 6 months of the mailing date of the Office action letter, but you should still check because they can choose to give you a much smaller window of time. Importantly, whatever deadline they give you cannot be extended or prolonged, so it’s very important to know the exact date and to act before it passes. This is because if you do not respond to an Office action by its deadline, then the USPTO will think that you have abandoned your application. In other words, you won’t get your trademark registered, nor will you get your filing fees back. Thus, prompt and timely responses to an Office action letter are essential to getting your trademark or patent registered.
Another important thing to keep in mind is what exactly the letters says that the examining attorneys takes issue with in your application. Oftentimes, an Office action letter wants you to fix or address simple problems that are quite easy to deal with, like submitting a different specimen, or paperwork. Other times, the issues are much more convoluted and those will require a much more detailed response. For example, if the examining attorney think that there is a high likelihood of confusion between your mark and another registered one, then you will have to send in legal arguments that illustrate the differences between the marks.
When you do respond to an Office action letter, it’s of utmost importance that your response is well-thought out and that it actually addresses each and every single concern that the examining attorney has with your application. If you only address and respond to one of the issues that they raised but completely ignore or fail to respond to the rest, then you’ll probably receive a final Office action surrounding the rest of the issues. You should know that you can contact the examining attorney to ask for clarification on any of the issues they have raised, but they are not your lawyer and they will not help you create a response to those problems. Lastly, in the event that you do receive a final Office action, then the only way to appropriately respond is to address its concerns or to file an appeal with the Trademark Trial and Appeal Board.
While it can be incredibly demoralizing to receive an Office action letter instead of a notice that your trademark application was approved, you should not despair or lose hope. An Office action letter, does not mean that your trademark cannot ever be registered, just that there are some problems that need to be dealt with first.
At KAASS LAW, we work tirelessly with our clients to ensure that they send out the best possible application for their trademarks and patents, because we value the incredible originality and innovation in our clients’ work. By working with us, you already greatly reduce the chance that you will ever receive an Office action letter. But even if you do, we have your back. We will help you to break down the letter to make sure you understand what is being asked of you, and to respond effectively, ensuring that each of the points in the letter are appropriately addressed. If you or a loved one have received an Office action letter, or are considering submitting a trademark or patent application, we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Patent and Trademark lawyers today.
KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171
It is important to understand intellectual property rights and laws when auditing your intellectual property. With the rising significance of IP assets, most companies can greatly benefit from an IP audit, which is a complete, systematic review of a company’s intellectual property assets and its associated risk and opportunities. IP audits are so vital because they can assess and enhance a company’s IP assets, correct any issues in intellectual property rights, put underutilized IP to better work, identify any risks that a company’s products may infringe upon another’s IP rights, and put forth more efficient IP management habits and practices. A truly thorough IP audit will not only review and assess a company’s IP acquisitions, but also its IP-related agreements, contracts, policies, and even its competitors’ IP assets in a related industry or field.
Since intellectual property rights and laws are very complex and vague, IP audits by a lawyer or law firm that specializes in intellectual property law can conduct these matters. The company will appoint someone for the lawyer to work with, ideally someone from the company that is aware of the technical details of the company’s business and their IP assets. Typically, most companies will not know much about IP so the lawyer will usually provide an educational overview of IP and make some suggestions on how the company’s existing IP rights can have protection and improved based on the preliminary information they are provided regarding the company’s IP.
At this point, the audit continues to go more in-depth, potentially involving other key employees with involvement in the creation or acquisition of current and prospective intellectual property or technology for the company, with each person contributing their knowledge surrounding its research, development, sales potential and marketing outlook. If the company already has a greater awareness of IP, the lawyer can engage in discussions surrounding the company’s IP portfolio and its competitive positioning in their industry with relation to market trends and future demand.
IP audits have huge potential benefits for companies but their scope and purposes can change to better suit the company audit. For instance, general use purpose audits are wider and “bigger picture” in scope and they can be hugely helpful to start-ups and established corporations alike to both assess and protect their IP in addition to clearly outlining their future IP development needs. On the other hand, event-specific IP audits can be incredibly useful for companies that need to:
The thing about intellectual property is that it’s here to stay. Because it’s now more important an ever before to protect and look after your company’s IP assets, it pays huge dividends to understand how to best care for it. Any successful business, with well management and meticulously careful regarding its branding, products, and customer experience–of which intellectual property plays a more involving role with each passing year. So, since intellectual property is part of business, it necessitates management just like inventory, equipment, and company productivity. If a company doesn’t know what IP it has access to, then it can’t manage that IP nor protect it from infringement.
As such, perhaps one of the most important things an IP audit can offer any company is also perhaps one of the most basic pieces of knowledge and awareness–informing the company about which IP it owns and has exclusive rights to, so that the company can make effective executive decisions regarding its protection, development, and licensing.
Further, any already-existing IP contracts, like licensing agreements, independent contractor or consultant agreements, transfer and settlement agreements, and joint ventures can all have a review to make sure that your IP rights isn't dealing with a misusage.
Having your company’s IP protection by the law is a vital step towards pre-emptively preventing any future infringement, as well as protecting your assets in the event that it does happen. Intellectual property has a melange of state and federal laws which uphold and protect it so long as the government recognizes the IP. Thus, an IP audit can serve to identify any kind of error or mishandling on the company’s part toward its own IP. That way, the IP audit can shed light on which errors that needs correction and which pieces of intellectual property still need a patent, copyrighted, etc. These seemingly simple fixes are crucial to making sure your company maintains the exclusive rights to your IP.
Intellectual property law is intentionally vague and has many loopholes and cracks that can have exploitation. Many executives, businesspeople, and even non-IP lawyers will not fully understand the subtle differences between copyrights, patents, trademarks, and trade secrets, much less which are relevant and applicable to your company’s assets.
Further, they would not know the creativity and craftiness that is in need to obtain a U.S. patent or even which things are capable of being a patent, or where the limitations of the patent would lie. Since they aren’t aware of any of the aforementioned, they also would not be aware that new commercial and business opportunities in both domestic and global markets can have access into through clever IP licenses and that competitors’ efforts to obtain IP can stop and monitor along the way. Therefore, a huge value of IP audits is that it teaches executives, inventors, and marketers of your company about the value of IP and how to actively protect your IP opportunities before they lose to another company or brand.
Because intellectual property litigation is very costly and consulted, the stark reality is that most smaller companies oftentimes goes to forgo litigation even when they have a winnable position. IP audits can assist these companies in anticipating future areas of dispute and can aid them in planning effective avoidance strategies. For instance, an audit may identify a need for a freedom-to-operate study, which determines competitors’ conflicting IP rights and options such as designing around, licensing, or anonymously challenging competitors’ rights to the designs themselves. As such, an audit identifies weaknesses in the audited company’s IP rights that addresses and remedied with timely actions, resulting in stronger rights that are far less likely to challenge.
Because intellectual property has become such a huge player in modern industries and in online commerce, its monetary value is more important than ever. Since an IP audit provides companies with an up-to-date understanding of their IP assets and its value, the companies’ leadership is better equipped to deal with opportunities which may come up, such as a third-party offer to buy up the company, or a new sales or expansion opportunity that requires financing.
In conducting these kinds of IP audits, it’s most useful to may attention to:
Valuable product features that can be but aren’t yet patented, fixable issues in existing patents, invalid or incomplete employee agreements that pose a risk to competitors’ access to trade secrets, trademarks that are crucial to companies’ identities that are not yet sufficiently protected from copying, product designs, builds, and configurations that can be but still aren’t protected by design patents, patent and trademark royalty payment terms that have been ignored or violated, missing notices of patent, trademark, and copyright that limit the company’s authority to enforce IP rights and to claim damages, and lucrative opportunities for licensing IP into new markets. IP audits are directly responsible for millions of dollars worth of quantifiable benefit and profit to companies and corporations, especially for payment of patented tech that was not originally thought of as patentable.
Here at KAASS LAW, we value our clients’ intellectual property above all else because we recognize the innovation and creativity that it takes to create new and groundbreaking ideas, inventions, and designs. We protect our clients’ IP like our own because we understand its true value to the company and to the company’s morale and identity. We have worked with many individuals, entities, and businesses to assess, evaluate, defend and diversify their IP assets.
If you feel that your company has been underplaying the value of their IP, or even been completely unaware of just how significant a role that kind of asset can play, then we definitely encourage you to give us a toll free call at (310) 943-1171 to speak to our experienced intellectual property lawyers today. We work with our clients to make sure they always have the competitive edge in their respective industries and to ensure they understand their own worth and value. Knowledge and awareness can make all the difference when dealing with intellectual property so please do not hesitate to get in touch with us about any questions or concerns you may have.
KAASS LAW, 701 N Brand Blvd Suite 100, Glendale, CA 91203, (310) 943-1171
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW. expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock. Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta. La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge. Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
While registering your work isn’t a guarantee of protection, it is still the best thing to do first and foremost. To review, the protections and benefits granted by each type of registration are:
You will want to ensure you maintain your protective measures, too. This means taking the time to do some basic upkeep, such as documenting your first use to make it easier to defend in court, should the need arise, and renewing your trademarks on time, using them continuously and filing any paperwork needed to document its use. Bear in mind also that if you choose to begin marketing or otherwise disclose your invention publicly before filing for patent protection, remember that you have to file your patent application within one year of disclosure and you must be the first to file, or you will lose the right to protection. For this reason, you may wish to consider starting with a provisional patent application to protect your rights.
If you intend on marketing your invention, product, or design in other countries, then you may want to look into registering your intellectual property in those countries, as well. This will ensure maximum protection and profit for your company. Fortunately, the U.S. has several treaties and conventions which make it easier for U.S. citizens and businesses to register patents and trademarks in multiple countries with one application. You’ll still have to follow each country’s law, though. For instance:
Many foreign countries also have agreements with the United States to recognize your copyright registration automatically. Check to see if the countries you’re interested in have this type of agreement, and if they do not, look into what the requirements are for you to register.
Oftentimes, the best way of protecting your intellectual property is simply by keeping quiet about it. This is especially the case if your work isn’t patentable or if you plan to protect it by using the trade secrets law. In those cases, you definitely want to limit the amount of people you tell about it. Whenever possible, get your partners and investors to sign off on non-disclosure agreements and make sure to specify in those agreements what exactly must be kept confidential and for how long. As another measure, you might want to still keep quiet about your idea even after filing a patent application since in most cases protection only begins once the United States Patents and Trademark Office actually grants your patent.
All of the laws and registrations we discussed offer you legal avenues for remedies after your work has been infringed or used illegally, but they do not actually prevent your work from being stolen in the first place. This is because some people may not be aware of the law and others just may not care. Sometimes, even a thorough patent or trademark search misses something. As such, it is your job to keep an eye on your industry trends and developments. In particular, you will want to keep a close eye on your industry developments:
When Push Comes to Shove...Pushback! At the worst case scenario, you would locate instances of actual infringement and it is at this point that you must stand up for yourself by taking action. What you ought to do in each case will vary, contingent upon a few circumstances, like:
In these types of strenuous situations, experienced intellectual property lawyers can make all the difference. At KAASS LAW, we have helped many clients manage and defend their patents, trademarks, and copyrights. We believe in the spirit of innovation and originality and we go out of our way to protect our clients’ work and property. We can help you to evaluate and determine which protections are best for your case as well as deciding upon which avenues to take to uphold and defend your rights. We invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Los Angeles intellectual property attorney today.
KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171
If the invention is not patented, your next move should be to determine which type of application to file for your creation. There are three types of patents available and they are:
Prototyping an Invention While each of the aforementioned types of patents have their distinct uses, unless your innovation has to do with plants or ornamental designs, you will most likely end up filing for a utility patent as that is by far the most common type of patent to apply for. It’s also extremely beneficial for you to keep an accurate record of how you came up with the idea of your invention along with an outline of the step by step process. Those pieces of evidence will prove invaluable during the patent application process. Further, if you happen to have a prototype of your invention on hand, then you should also submit that along with the other records.
This is where it gets a bit murky, but technically, no. Ideas by themselves cannot be patented. You can only patent an invention or creation that was developed from an idea. The invention must be produced or a description of the creation must be included with your patent application for the consideration to hold any weight. It also goes without saying that in order to file for a patent, you must be the original inventor or creator, or have been assigned the invention by another person or serve as the legal representative of the original inventor. Ultimately, you may patent inventions, designs, and even plants so long as your inventions is:
How Our Los Angeles Patent Registration Attorney Can Help In order to obtain the actual patent that protects your invention or design, you need to file a non-provisional application, known as a Regular Patent Application (RPA). To get this patent approved, you will have to submit an application that demonstrates how to make and use the invention, why it is different from all other inventions, and describe what exact aspects of the invention or design should be patented. That process will require many hours of research and preparation in order to avoid having your application delayed or outright denied, both of which would significantly impede your chances of protecting your creation. We can help you to ensure your patent application has all of the necessary elements to get your creations under protection as quickly as possible. At KAASS LAW, we value originality and individuality above all else and we invite you to contact our firm to see just how easy we can make obtaining your patents and protections for your inventions and designs. Give us a toll free call at (310) 943-1171 to speak to our Trademark and Patent lawyers today. Our lawyers in Glendale, Los Angeles, CA, are fully dedicated to help you with any legal matters you may need assistance with. KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.