Always take photos and videos of the property damage of your bike after an accident. It can help your case when writing your demands or even help support your case in litigation. Complete documentation is the best way to help ensure full recovery of repair or replacement costs.
First, you should obtain an estimate of the property damages. This is based on the cost of parts and the amount of time it takes to repair, replace, and labor. If your motorcycle have aftermarket parts and got damages due to the accident, this may not reflect the replacement cost.
Motorcycle accident comprehensive coverage generally covers damages caused by:
CPE coverage covers damage to custom motorcycle parts and motorcycle accessories. It is possible that your motorcycle insurance includes comprehensive insurance policy which may include some CPE coverage―usually at least $1,000 in most states.
Sometimes, the cost of repairs to the motorcycle is beyond a certain percentage of its appraised value or damage to the motorcycle is beyond repair. Thus, the insurance property damage adjuster will determine the value of your motorcycle. If you are unhappy or disagree with the appraised amount, you can do your own research on similar make and models and provide it to the insurance company in order to help establish the “fair market value” of your damaged bike.
If you were involved in an an accident with a motorcycle that is considered a "vintage model", you may want to consider getting the vintage motorcycle appraised by a specialist.
If you were involved in an motorcycle accident in Los Angeles, San Bernadino, or Orange County, you may also be entitled to compensation for the loss of use of your motorcycle throughout the repair or replacement process. This compensation can be in the form of cash or reimbursement for the cost of a rental vehicle. FOR A FREE DETAILED REVIEW BY OUR AWARD WINNING LOS ANGELES MOTORCYCLE ACCIDENT ATTORNEYS Please call (310) 943-1171 and speak to an experienced Los Angeles motorcycle accident attorney for free on our 24/7 accident hotline. Our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
KAASS LAW have the authority to practice law in California. The above content is 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.
Generally, in tort law, the burden of proof falls on the plaintiff. This means that the plaintiff holds the burden of proving the claims made against the defendant. This usually sounds fair because the individual making the claim should have to prove the claims they are making. However, sometimes fairness demands that the burden should switch on to the defendant to prove that they were not in fact negligent. In order for a Plaintiff to meet his or her burden of proof by circumstantial evidence. Such is the case for the “res ipsa loquitur” doctrine. Res ipsa loquitur is Latin for “the thing speaks for itself.” Under this doctrine, the plaintiff is permitted to make a prima facia claim against the defendant for negligence, without actually having to prove the actual negligent act(s). 3-31 California Torts § 31.32
Plaintiff must prove three (3) things,
In California, a corporation is formed by filing the articles of incorporation with the Secretary of State. The incorporators may either file the articles of incorporation by using the form articles of incorporation developed by the Secretary of State, or they can draft their own articles of incorporation with specific provisions. The second option is common for corporations with complex organizational and financial structures. The articles of incorporation filed with the Secretary of State must contain all the information required by Section 202 of California Corporations Code.
First of all, the articles of incorporation must state the name of the corporation. Corps. C. § 202(a). The name of the corporation cannot be the same as or closely resemble the name of a domestic corporation or a name of a foreign corporation qualified to do business in California. Id. 201(b). Before filing the articles of incorporation the incorporators should conduct a research on the website of the Secretary of State to see if the particular name is available or not. The incorporators also have the option to reserve a particular name before filing the articles of incorporation.
Major proposed key changes for Assembly Bill 729, marijuana licensee in California should know about! Accordingly, the bill allows its licensee or employees to "refuse to sell marijuana to a person who is unable to produce adequate personal identification showing that he or she is 21 years of age or older and to seize any personal identification presented by a person that shows the person to be under 21 years of age or that is false, as specified.
No. Assembly Bill 729, prohibits the sale, offer for sale, or distribution of marijuana or marijuana products in a vending machine or appliance, or any other coin- or token-operated mechanical device designed or used for vending purposes.
Assembly Bill 729 require a licensee to post a sign, , and a that reads “” and to include language on the sign that reads “” In other words, if you are an licensed dispensary and an authorized licensee, than you must also include language on the sign that reads without
If you are a US citizen or lawful permanent resident planning to sponsor your foreign family member for a green card you probably wonder how long the process might take. The process of sponsorship of a family member might take from several months to several years depending on the status of the petitioner and the family relationship between the petitioner and the beneficiary.
The Immigration and Nationality Act (“INA”) has created the category of so called immediate relatives of US citizens who are exempt from numerical limits and per country quotas. This means that the approval of a US citizen’s petition on behalf of his immediate relative makes the immigrant visa immediately available for the beneficiary. The category of immediate relatives embraces spouses, parents and unmarried children under 21 of US citizens. The approval of an immigration petition on behalf of an immediate relative generally takes about six months. The whole process of bringing an immediate relative to the US usually might take about a year.
The Immigration and Nationality Act (INA) has created the category of immediate relatives of US citizens who are exempt from numerical quotas applicable to other family members of US citizens and family members of lawful permanent residents. INA has created the category of immediate relatives to give an opportunity to US citizens to easily reunite with their closest family members. Therefore, it is extremely important for US citizens and their family members to determine who falls under the category of immediate relatives.
Spouses of US citizens comprise the first group that falls under the category of immediate relatives. INA § 201(b)(2)(A)(i). The marriage between the US citizen and his/her spouse shall be legitimate and shall not be entered into for immigration benefits. The US citizen and his/her spouse have to submit supporting documents showing that the legitimacy of the marriage.
The will be if at the time of obtaining the permanent residence their marriage is less than two years old. The conditional residence is granted for two years, and the US citizen with his/her spouse shall file a joint petition to remove the conditions on residence within ninety days before the expiration of the two-year conditional green card.
The new law will make it illegal for Uber drivers to drive with a BAC (blood alcohol content) of 0.04 or higher. Effective July 1, 2018, California ride-sharing drivers, like Uber and Lyft , and other commercial-for-hire vehicles will have stringent DUI laws.
The AB 2687 bill will amend the Vehicle Code Section 23152 (e): Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. For purposes of this subdivision, “ means a passenger for whom consideration is of carriage in the vehicle.
Many people who consider filing a trademark application wonder what information or documents they need for submitting the application. Title 37 of the Code of Federal Regulations sets forth the requirements for a complete trademark or service mark application. Pursuant to this regulation, the application must be in English and shall include all of the following:
First of all, a trademark or service mark application shall include the name, the citizenship and the address of the applicant. 37 C.F.R § 2.32(a). It should be noted that only the owner of the mark can apply for the registration of the mark. 15 U.S.C. 1051(a). This is a statutory requirement and cannot be waived. Chien Ming Huang v. Tzu Wei Chen Food Co. Ltd. (Fed. Cir. 1988) 849 F.2d 1458, 1460. A license to use a trademark does not make the licensee an owner of the mark. Norden Restaurant Corp. v. Sons of Revolution in State of N.Y. (1980) 51 N.Y.2d 518, 522. Hence, even a licensee cannot file a trademark application.
Pursuant to the Immigration and Nationality Act, the spouses of US citizens and legal permanent residents are granted conditional residence if at the time of obtaining permanent residence their marriage is less than two years old. INA § 216(a)(1) and (h). The same rule applies to people who enter into the US on K-1 Fiancé Visa and obtain their green card after marrying a US citizen. Id. § 216(h)(1).
Within ninety days before the expiration of the two-year validity period of the conditional green card the conditional resident and his spouse must file a joint petition to remove the conditions on residence. However, in some cases the conditional resident and his spouse divorce before filing the joint petition to remove the conditions. Pursuant to the INA, the annulment or termination of a marriage before the removal of conditions on residence leads to the termination of the permanent resident status of the alien. .
If you are a US citizen and you are willing to get married to your foreign fiancé(e) in the US, K-1 fiancé(e) visa is probably the best option for you. The Immigration and Nationality Act gives an opportunity to US citizens to bring their alien fiancé(e)s to the US to get married and to obtain a green card for them. If you need assistance filing for K-1 petition for an alien fiancé visa, our Glendale immigration attorney can
The US citizen and his/her fiancé(e) must meet the following requirements for the K-1 Petition for Alien Fiancé(e):
Res ipsa loquitur is important because sometimes it is impossible for the plaintiff to provide evidence. This is usually the case in medical malpractice suits where the plaintiff was unconscious when the negligent act(s) causing damages occurred. In Ybarra v. Spangard, the Court held that due to the doctrine of res ipsa loquitur, the burden of proof switched on to the defendants when the plaintiff was unconscious during the negligent acts and was unable to prove which medical professional acted negligently, and caused her injuries. Ybarra v. Spangard, 154 P.2d 687, 691 (Cal. Dec. 27, 1944). Another case where res ipsa loquitur comes into play is when multiple people may have caused the plaintiff’s damages, and it would be impossible for the plaintiff to prove which exact person it was. In Summers v. Tice, the Court held that two defendants, who had negligently shot at the plaintiff, were both liable for the plaintiff’s injuries even though only one of them technically caused it. Summers v. Tice, 199 P.2d 1, 5, 1948 (Cal. 1948). The Court explained that it would be impossible for the plaintiff to prove which of the defendants actually caused the injury because they both shot their guns in her direction at the same time. Id. The Court therefore applied the doctrine of res ipsa loquitur, and found both defendants equally liable because neither could meet the burden of proving they did not cause the injury. Id.
Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian 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, 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.
The California Corporations Code requires the incorporators to include a statement of corporate purpose in the articles of organization. To form an ordinary business corporation the articles of incorporation must state that “[t]hat the corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code.” Id. § 202(b)(1)(A). The California Corporations Code has specific requirements for professional corporations, corporations subject to the Banking Law and corporations subject to the Insurance Code.
The articles of incorporation must include the name and the address of the corporation’s initial agent for service of process. Id. § 202(c). The address of the agent for service of process shall be in the State of California. Both individuals and corporations can serve as agents for service of process. Corporations can serve as agents for service of process only if they are registered by the Secretary of State as corporations with such authority.
The articles of incorporation shall state the initial street address of the corporation. Id. § 202(d). The incorporators cannot list a P.O. Box as a street address of the corporation. The articles of incorporation shall also include the initial mailing address of the corporation. Id. § 202(e). The incorporators do not have to state a mailing address if it is the same as the street address of the corporation.
The articles of incorporation shall also specify the share structure of the corporation. If the corporation is authorized to issue only one class of shares the articles of incorporation must state the total number of shares that the corporation is authorized to issue. Id. § 202(f). If the corporation will issue more than one class of shares or if any class will have two or more series, the articles of incorporation must state: 1) “The total number of shares of each class the corporation is authorized to issue, and the total number of shares of each series which the corporation is authorized to issue or that the board is authorized to fix the number of shares of any such series; 2) The designation of each class, and the designation of each series or that the board may determine the designation of any such series; and 3) The rights, preferences, privileges, and restrictions granted to or imposed upon the respective classes or series of shares or the holders thereof, or that the board, within any limits and restrictions stated, may determine or alter the rights, preferences, privileges, and restrictions granted to or imposed upon any wholly unissued class of shares or any wholly unissued series of any class of shares….” Id. § 202(g). The articles of incorporation must include all the above mentioned information in order to be complete. The form articles of incorporations developed by the Secretary of State include all the required information. However, in some cases the incorporators will have to draft their own articles of incorporations because the forms do not contain specific provisions for some situations described in the Section 202 of California Corporations Code. If you or someone you know is seeking to register a California corporation and need assistance feel free to contact our experienced Glendale business lawyer today!
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, 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,
Under Assembly Bill 729, would authorize a peace officer, or an employee of a licensing authority or a state or local agency granted limited peace officer status, to enter and conduct inspections, as specified, of any place at which nonmedical marijuana or nonmedical marijuana products are
Accordingly, AUMA also prohibits a marijuana licensee from being located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 to 12, inclusive, day care center, or youth center, as specified, unless a licensing authority or local agency specifies a different radius". The bill also prohibits a licensee from being located within a 600-foot radius of the following
However, the exception that a licensing authority or local agency specifies a different radius.
Yes, bill allows law enforcement to inspect all recreational marijuana businesses, including anywhere they might find evidence of tax evasion. The bill also allows law enforcement to engage in operations involving person under 21 years of age is to be used in random inspections, including having pictures taken prior to inspections to verify appearance and requiring the person under 21 years of age to present a true and correct personal identification if verbally requested.
If you have questions regarding marijuana laws or or are seeking to start a recreational marijuana business in California, we invite you to call our office at (310) 943-1171 for a consultation with a Los Angeles marijuana business attorney from KAASS Law at any time.
It might take several years for a US citizen or a lawful permanent resident to bring his relatives to the US if the relative does not fall under the category of immediate relatives of US citizens. Family members, not falling under the category of immediate relatives of US citizens, are divided into 4 preference categories, and only a specific number of visas can be issued in each specific category every year. In addition to numerical limits for each preference category, there is also a per country quota on the number of visas that can be issued. Particularly, the yearly number of visas issued to citizens of any country under a specific preference category cannot exceed 7% of the limit allocated to the specific preference category. INA § 202(a)(2). As a result of the per country quota, aliens from certain countries have to wait much longer compared to aliens from other countries because much more petitions have been filed on behalf of the citizens of these countries. When a US citizen or a lawful permanent resident files an immigration petition on behalf of his foreign family member a priority date is allocated to the specific case. US Department of State publishes a monthly visa bulletin which states the dates a final action was taken in each preference category. Based on the priority date allocated to a petition and the date of final action for the specific preference category, the petitioner and the foreign beneficiary can approximately determine how long they will have to wait until the immigrant visa becomes available. You can check the most recent visa bulletin for July 2017.
The first preference includes unmarried sons and daughters of US citizens. Citizens of Mexico falling under this category have to wait approximately 21 years until their immigrant visa becomes available, citizens of the Philippines have to wait 11 years, while the citizens of all other countries shall wait 7 years.
The second preference includes spouses and unmarried children of lawful permanent residents. This preference is divided into 2 subcategories: (a) spouses and unmarried children under 21 of permanent residents, and (b) unmarried sons and daughters 21 and older of permanent residents.
Not less than 77 percent of visa numbers assigned to the second preference shall be allocated to spouses and unmarried children under 21 of permanent residents. INA § 203(a)(2). Also, 75% of visas issued to spouses and unmarried children under 21 of permanent residents is not subject to the per country limitation. INA § 202(a)(4)(A). These sections of INA are intended to shorten the waiting time for spouses and children under 21 of permanent residents. The waiting time for aliens falling under this category is about 2 years.
The second subcategory of the second preference includes unmarried sons and daughters of permanent residents who are 21 or older. The waiting time for aliens falling under this subcategory is much longer compared to the first subcategory. Particularly, citizens of Mexico shall wait 21 years, citizens of the Philippines shall wait 11 years, while the citizens of all other countries have to wait 7 years.
The third preference includes married sons and daughters of US citizens. Citizens of Mexico falling under this category shall wait approximately 22 years until their visa becomes available, citizens of the Philippines shall wait 23 years, while the citizens of all the other countries have to wait 12 years.
The fourth preference includes the brothers and sisters of adult US citizens. The waiting times for aliens falling under this category are as follows: citizens of Mexico shall wait approximately 20 years, citizens of the Philippines shall wait 23 years, citizens of China shall wait 14 years, while the citizens of all the other countries have to wait 13 years.To sum up, the sponsorship of immediate relatives of US citizens is much easier compared to the sponsorship of family members falling under one of the preference categories. Family members that fall under one of the preference categories will have to wait for years until they get a chance to immigrate to the US.
If you are a US citizen seeking to petition for an immigrant visa for an immediate relative or have questions regarding other family based immigration visas, we invite you to call our office and schedule a free immigration consultation with our Glendale immigration lawyer. We speak Spanish, Armenian, Russian, French, & Italian. Get help from a professional who is experienced with immigration law.
Our lawyers in Glendale, Los Angeles, California at KAASS LAW are 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.
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The category of immediate relatives also includes children of US citizens. Id. § 201(b)(2)(A)(i). To qualify as an immediate relative of a US citizen, the child must be unmarried and under twenty-one years of age. Id. § 101(b)(1). The INA definition of child includes:
(a) a child born in wedlock; (b) a stepchild provided the marriage creating the status of stepchild occurred before the child turned eighteen; (c) a legitimated child if the legitimation took place before the child turned eighteen and the child was in the legal custody of the legitimating parent at the time of legitimation; (d) a child born out of wedlock through natural mother or through natural father if the father has or had a bona fide parent-child relationship with the child; (e) a child that was adopted under the age of sixteen years if the child has been in the legal custody of and has resided with the adopting parent for at least two years. Id. It should be noted that even if the child turns twenty-one during the processing of the immigration petition he/she will still qualify as an immediate relative if the immigration petition on the child’s behalf was filed before the child turned twenty-one.
The last group of family members that falls under the category of immediate relatives includes parents of US citizens. Id. § 201(b)(2)(A)(i). The US citizen child must be at least twenty-one years old in order to be able to sponsor his/her parents for a green card. Before turning twenty-one a US citizen child does not have a right to petition for his/her parents.
The immigration process is much easier for immediate relatives of US citizens in comparison to other family members of US citizens or family members of lawful permanent residents. First of all, immediate relatives of US citizens are exempt from the numerical quotas for the issuance of immigrant visas that apply to other family categories. This means that the approval of a US citizen’s petition for an immediate relative makes the immigrant visa immediately available for the immediate relative beneficiary. Another advantage of being an immediate relative of a US citizen is that if relatives falling under other family categories cannot adjust their status after overstaying their visa this bar does not apply to immediate relatives.
INA has made the sponsorship of immediate relatives much easier compared to other family categories. This process allows immediate relatives of US citizens to obtain permanent residence within a short period of time to reunite with their US citizen family members.
If you are a US citizen seeking to petition for an immigrant visa for an immediate relative or have questions regarding other family based immigration visas, we invite you to call our office and schedule a free immigration consultation with an experienced Glendale immigration lawyer.
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.
Moreover, this considers to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, there is a rebuttable presumption of this matter. If a person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
For questions about your Los Angeles Uber accident case or any Uber or Lyft related accidents, we invite you to call our office and speak to our Los Angeles uber accident attorney for free consultation. We speak English, Spanish, Armenian, Russian, French, and Italian.
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 or inactions based on 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.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, 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.
To be considered complete, a trademark or service mark application shall include the drawing of the mark. 37 C.F.R § 2.32(c). The drawing is a clear depiction of the mark which shows how the registered mark will look like. The drawing can be (a) in standard characters without claim to any particular font style, size or color, or (b) a special form drawing when the mark includes a two or three dimensional design, or characters in a particular font style or size. If the mark is not in standard characters the application shall also include a description of the mark. Id. § 2.32(a)(8).
In the application for registration the applicant must identify the goods or services in connection to which the applicant uses or intends to use the mark. Id. § 2.32(a)(6). The application shall also state the international class of good or services, if known. Id. § 2.32(a)(6). It should be noted that the classification of goods and services is only for the United States Patent and Trademark Office administration and cannot prejudice the rights of the applicant. Mobil Oil Corp. v. Walter Kidde & Co. (T.T.A.B. 1970) 167 U.S.P.Q. 478. The list of the classes of goods and services can be found in the Section 6.1 of the Title 37 of the Code of Federal Regulations.
The application must include one or more bases for filing the application. 37 C.F.R § 2.32(a)(5). The application must be based on one of the following grounds: (a) Use in commerce, in which case the applicant must state that the mark is in use in commerce, must state the first date the mark was used anywhere in connection to goods or services, the first date of the use of the mark in commerce, and must attach one specimen showing how the applicant uses the mark in commerce; (b) Intent to use, in which case the applicant must verify that he has a bona fide intention to use the mark in commerce; (c) Registration of the mark in a foreign applicant’s country of origin, in which case the applicant must state that he has a bona fide intent to use the mark in commerce and must attach a copy of the registration of the mark in applicant’s home country; (d) Claim of priority based upon an earlier filed foreign application; (e) Extension of protection of an international registration. Id. § 2.34(a).
The application must include a verified statement. Id. § 2.32(b). The main purpose of the verified statement is to certify that the facts set forth in the application are true. The application shall be signed by the applicant or by someone who is properly authorized to sign on behalf of the applicant. The applicant shall also pay the filing fee for each class of goods and services. Id. § 2.32(d). The application fee varies depending on filing the application on paper or through Trademark Electronic Application System. A trademark application will be complete only if the United States Patent and Trademark Office receives all the items mentioned above. If you have questions regarding trademark applications or any other business law questions give us a call and receive a free consultation with one of our experienced Glendale business lawyers.
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.
Although the termination of a marriage during the two-year conditional residency period is a basis for termination of conditional resident’s permanent resident status, the INA gives an opportunity to the conditional resident to file a petition to the United States Citizenship and Immigration Services requesting to waive the requirement of filing a joint petition to remove conditions.
INA identifies three different grounds for the waiver of the requirement of filing the joint petition to remove conditions on residence:
(a) if extreme hardship would result in case the conditional resident is removed; or
(b) if the conditional resident and his spouse entered into the marriage in good faith, and the conditional resident is not at fault in failing to file the joint petition to remove the conditions on residence; or (c) if the qualifying marriage was entered in good faith, during the marriage the alien spouse was battered by or was the subject of extreme cruelty perpetrated by her spouse and the alien was not at fault in failing to file the joint petition to remove the conditions on residence. Id. § 216(c)(4).
The grounds for waiver specified in INA § 216(c)(4) are separate and independent bases for waiving the requirement of filing the joint petition to remove the conditions on residence. Matter of Balsillie, 20 I. &. N. Dec. 486 (B.I.A. 1992). However, if the conditional resident qualifies for a waiver on different grounds he can include all the bases in his petition.
The conditional resident shall file the request for a waiver by using the Form I-751, Petition to Remove Conditions on Residence, which is also used for filing the joint petition to remove conditions. The most updated version of the form can be found on the USCIS website. The petition shall be filed with all the supporting documents showing that the conditional resident qualifies for the specific ground for waiver. If the petitioner is able to demonstrate that he meets the requirements for the waiver his petition will be approved and he will get the permanent green card.
Although your marriage was terminated during the conditional residency period you still can obtain your permanent green card if you qualify for a waiver of the requirement to file a joint petition to remove conditions on residence.
If you have questions regarding waivers of the requirement to file joint petition to remove conditions on residence or any other immigration law questions give us a call and receive a free consultation with one of our experienced Glendale immigration lawyers.
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.
The requirement of in person meeting within two years before filing the petition can be waived only in two circumstances:
To initiate the process of bringing a foreign fiancé(e) to the US, the US citizen petitioner must file the Petition for Alien Fiancé(e) with the United States Citizenship and Immigration Services (USCIS). The petition shall be filed by using the Form I-129F, Petition for Alien Fiancé(e), the latest version of which can be found on USCIS website (www.uscis.gov/forms). The Petition for Alien Fiancé(e) is filed with supporting documents showing the parties have met within two years before filing the petition and their intent to marry within ninety days after the fiancé(e) beneficiary’s entry to the US.
After the approval of the petition by USCIS, the fiancé(e) beneficiary may apply to the US consulate in his/her home country to obtain K-1 Visa for entry to the US. The petitioner and the fiancé(e) beneficiary must get married within ninety days after the beneficiary’s entry to the US. Once the petitioner and the beneficiary get married, the beneficiary can file the application to adjust his/her status to obtain the green card. If the fiancé(e) beneficiary does not marry within ninety days after his/her entry to the US he/she will have to leave the country. Fiancé(e) beneficiaries cannot extend their K-1 status; neither can they change their status.
K-1 Fiancé(e) Visa is a unique option for US citizens and their foreign fiancé(e)s to plan their wedding in the US. Through this visa, the fiancé(e) beneficiary gets the opportunity to enter the US, to get married here and to obtain his/her permanent residency without leaving the country afterward.
If you have questions regarding K-1 fiance visas or any other immigration law questions give us a call and speak to one of our experienced Glendale immigration lawyers.
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.