An LLC, or limited liability company, is a term used to describe a private limited company. LLCs, along with LLPs, are relatively new forms of business organization in the United States. In particular, LLCs have gained much traction and popularity in the United States because of the many perks they offer over other, perhaps more traditional, forms of business organization. They carry with them very few disadvantages and as such, for many businesses an LLC is an idyllic means of conducting business. If you are considering which form of business is best for your new venture, or if you are considering changing your business to an LLC, it is definitely worth taking a few minutes to read on about their potential benefits to your business.
Many of the perks and benefits that a limited liability company offers stem from its unique status as a hybrid form of business organization. This hybridity allows for it to offer the benefits of limited liability like a corporation, while also simultaneously providing the tax advantages of a partnership. Essentially, an LLC can dip in between both types and offer dual benefits to its member-owners. As a result of these dualities, many businesses favor becoming an LLC, a trend that is only further encouraged by state statutes permitting and simplifying their establishment and longevity.
Insofar as questions of jurisdiction, LLCs share many traits with corporations. Like corporations, LLCs are creatures of the state. As such, they are formed and operated in accordance with state laws. Furthermore, both corporations and LLCs are treated as legal entities separate and distinct from their owners, who are instead referred to as ‘members’. Given their status as a legal entity, LLCs can sue or be sued, enter into contracts and arrangements, and hold titles to property or estates.
Notably, the members of an LLC enjoy limited liability just like the shareholders of a corporation would. Members can also undertake actions on behalf of the LLC, and as with a corporation’s shareholders, any damages or charges recovered go to the LLC, not to the members themselves. However, just like how courts can, on occasion, determine that they ought to disregard a corporation as a legal entity and hold shareholders personally liable for damages, so too can the courts pierce the corporate veil of an LLC to hold individuals accountable for damages. These cases, however, are extremely rare and far and few between.
As previously alluded to, the advantages of LLCs are many and the drawbacks are relatively few. One such disadvantage to consider is that the management structure of an LLC is not clearly stated nor defined in the legal literature. More often than not, it is up to the members to create, agree upon, and sign off on articles of organization which outline the key rules and principles of operation of the company. While, this may seem inconvenient at first, it can actually be viewed as a major advantage of an LLC, speaking to its flexibility and the level of freedom and control it can offer to its members. Below is a chart that effectively sums up the potential pros and cons of an LLC. Things to Consider About LLCs:
Advantages
Disadvantages
As you can see, the benefits of an LLC generally outweigh the drawbacks. For further information, use the following chart as a reference; it provides answers to many common questions surrounding the details of how an LLC works.
Characteristics of
A Limited Liability Company
Method of Formation
It is formed by an agreement of the owner-members of the company. Articles of organization are filed. Charter has to be given by the state.
Legal Position
It is treated as a legal entity.
Liability
Member-owners liability is limited to the amount of capital contributions or investments.
Duration
Can have perpetual existence, unless there is only one member (like a corporation).
Interest Transferability
Member interests are freely transferable.
Management Scheme
Member-owners can fully participate in management, or they can designate managers to oversee the firm on their behalf.
Taxation
LLC does not get taxed, and members are taxed personally based on the profits that get “passed through” the LLC.
Fees and Annual Reports
Organizational fee is required, as well as a possible business privilege fee.
Foreign Business Transactions
Generally no limitations.
While an LLC can offer you and your business many powerful tools and advantages, getting it set up as an LLC can be a somewhat difficult process. That’s where we can help. We have helped many clients start up LLCs for their businesses as well as converting an already existing business into an LLC. We always look for ways to help our clients maximize their profits in the legal realm, and this is no exception. If you or a loved one wishes to open an LLC, or has any further questions, we invite you to give us a toll free call at (310) 943-1171 to speak to one of our Los Angeles business lawyers 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, 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.
If one cannot duplicate a phone number or street address, then why should one have the power to duplicate a domain name? Domain names, similar to words and symbols, can be used to identify a seller’s products and distinguish them from the products of another, and are thus viewed as trademarks. The Ninth Circuit U.S. Court of Appeals recently ruled that a business must use its domain name to sell goods or services in order to protect the name — even if a competitor starts to use the name after you registered the domain. In other words, merely reserving a domain name isn't enough. Thus, its important to register your domain name, because if your domain name has a trademark, the URL has protection under the USPTO.
The Trademark Act of 1946 (“Lanham Act”) prohibits uses of trademarks that are likely to cause confusion about the source of a product or service. 15 U.S.C. §§ 1114, 1125(a). Moreover, to establish a trademark infringement claim under the Lanham Act, a plaintiff must establish that defendant’s use of a mark is confusing similar to plaintiff’s. Id. The main area of inquiry in trademark infringement cases is whether the similarity of the marks is likely to confuse customers about the source of a product or service. ., 174 F.3d 1036, 1062 (1999).
Regardless of whether you own an business with a family member, a friend, or hold a position on the board of a large corporation, you know that business and contract disputes can often times cause major problems. Specifically, business owners that face contract disputes with other companies and even more so, between their own ownership structure. For instance, a business contract dispute may arise between two or more partners, when one partner fails to fulfill his responsibilities. Often times business owners do not anticipate disputes until they arise. As a result, income might be lost due to contract breaches; ownership might be in the limbo due to outside lawsuits and claims; and tensions amongst business owners may rise. Lastly, a California business that is facing a lawsuit must be represented by an attorney. As such, a business owner cannot represent themselves in pro per.
As a matter of course, each general partner has an equal right to take part in the . Disputes in the ordinary course of business are decided by a of the . While, disputes or disagreements of or any to the . Be that as it may, in an partnership of any size the will provide for certain electees to manage the partnership along the lines of a company board. Generally, unless otherwise provided in the , no one can become a partner of the However, an existing partner may transfer partnership interests and assign his share of the profits and losses and right to receive distributions.
Many business owners believe that incorporating a business is too costly and time consuming. On the other hand, you may be wondering if you truly need to incorporate your business. Quiet frankly, business owners' may find themselves facing personal debts and liabilities in the event of a business dispute or lawsuit. Consequently, business owners then find themselves racking up far more legal fees, costs, stress, and lengthy lawsuits.
There are number of ways California business owners can benefits from incorporating their business. Likewise, California offers a number of different business forms which a business owner may file under. The California Corporations Code outlines minimum filing requirements for incorporating businesses in California. Not all business structure are alike, each offer different benefits and posses disadvantages. Choosing the business structure that best fits your needs its probably the most vital questions any business owners should ask themselves. After all, the foundation and structure of which you build your business will play a major role in your success. Thus, it is a good idea to contact a that can consult you on your options and help you fill in the gaps. We invite you to contact our office and schedule a consultation with a Los Angeles business attorney with strong background in business and economics. Our , near Los Angeles is committed to provide a balanced approach to your legal needs, sound advice and assistance to prevent and or resolve problems.
As an owner of a registered trademark or service, you probably wonder when others are responsible for infringing your mark. You should know that the test for trademark infringement is the likelihood of confusion as a result of the similarity of the marks.
A person may be liable for infringement of a federally registered mark if his use of a mark in relation to any goods of services is likely to cause confusion, mistake or to deceive. 15 U.S.C.A. § 1114(1). This test to determine whether a registered mark is being infringed is known as the test of likelihood of confusion.
The test of likelihood of confusion includes not only the confusion as to source but also as to affiliation, connection or sponsorship. Champions Golf Club v. Champions Golf Club, 78 F.3d 1111, 1121 (6th Cir. 1996) (internal citations omitted). This means that a user of a mark may be liable for trademark infringement if the use creates a likelihood of confusion that the goods are affiliated to, connected with or sponsored by the owner of the registered mark.
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.
If you are an individual or a business entity that is using or is willing to use a mark in relation to your business you have probably thought about registering the mark with the United States Patent and Trademark Office. An application to register a trademark can be made only if the applicant’s situation falls under one of the grounds for registration specified by the Lanham Act, also known as the Trademark Act of 1946. The Lanham Act provides four different bases for registering a trademark.
Pursuant to the Lanham Act, the owner of a trademark used in commerce may request registration of its trademark on the principal register. 15 U.S.C. 1051(a)(1). This section of the Lanham Act gives a right to individuals and business entities to register a trademark if they have actually used it in commerce.
The Section 45 of the Lanham Act defines “use in commerce” as a “…bona fide use of a mark in the ordinary course of trade and not merely to reserve a right in the mark.” . For goods, the use in commerce requires (a) placement of the mark on the goods, their containers, the displays associated with goods, the tags or labels affixed to goods or, if such placement is impracticable because of the nature of the goods, on documents associated with goods or their sale, and (b) that the goods be sold or transported in commerce. . For services, the use in commerce requires that the mark be used or displayed in the sale or advertising of services and that the services be rendered in commerce. .
Are you filing a lawsuit? Defending a lawsuit? If so, you are naturally—and, inevitably—thinking about the excessive expenses. Being involved in litigation is a burden on your pocket—not to mention a burden on your mind. You can minimize your mental burden concerning expenses by learning that there are in fact ways on recovering attorney fees.
The general “American Rule” places each party responsible for its own legal costs, including attorney fees. In other words, based on this rule even the prevailing party must pay his or her own attorney fees arising out of litigation. Surely, California follows this rule, regardless of what the cause of action may be and regardless of whether you win or lose the case. However, there are exceptions to this rule. The prevailing party may be awarded in two situations: (1) based on a written contract provision, (2) based on an applicable statute. These exceptions may hold the losing party responsible for paying the prevailing party’s attorney fees.
Signing a contract? Look out! There may be a clause in the contract you are about to sign, which provides the prevailing party in litigation to be awarded with most, if not all, of its reasonable fees. Generally, a contract that includes such provision is enforceable. A contract that entitles recovery of said expenses addresses the rights of the prevailing party to collect not only attorney fees, but also its reasonable costs incurred before and during litigation. Such costs include, but are not limited to, court filing fees, expert witness fees, preparation for deposition, pre-trial interviews, serving complaints, paying court reporters, photocopying, and travel expenses. On the other hand, reasonable attorney fees are the compensation for the legal services an attorney performs. While attorney fees and the legal costs are different, contract provisions may entitle the prevailing party to recover for both expenses.
Asylum in the United States usually wonder how long they will have to wait for their asylum interview. Potential asylum applicants should know that they might have to wait for years until they get a chance to appear before an asylum officer.
Pursuant to the Immigration and Nationality Act, in the absence of exceptional circumstances, the initial interview or hearing on the asylum application must commence not later than 45 days after the date an application is filed. INA § 208(d)(5)(A)(ii). In the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, must be completed within 180 days after the date an application is filed. Id. § 208(d)(5)(A)(iii). According to INA, USCIS shall schedule the asylum interview within 45 days after filing the application which should be adjudicated within 180 days from the filing date, unless exceptional circumstances apply.
During the last years exceptional circumstances apply, and the actual waiting times are far from being close to the statutory deadlines. Asylum applicants have to wait for years until they get a chance to appear in front of an asylum officer. Depending on the asylum office that has jurisdiction over the application, applicants may wait from two to five years. For example, in December 2016, the Los Angeles asylum office was interviewing the applicants who filed their applications in August 2011. The waiting time is much shorter in Northern California where have to wait two year. The asylum application processing times for all asylum offices may be found on the USCIS website.
With the constant monopolization of large corporations taking over cities, it is important to know the regulations behind unfair competition, to protect yourself against corporate scrutiny.
Classifications of unfair competition include some of the following examples
To protect your business or brand from infringement, you may want to trademark your domain name in addition to a logo, slogan, or design. Merely, registering a domain name does not give you trademark rights, rather it identifies your website and generally will not prevent others from using the name. If you trademark your domain name, you have legal protection if a third party uses your trademarked name. You can file a trademark infringement action against the infringing party and recover money damages, financial losses, and other damages you might have incurred.
The domain should function as a "source indicator." It must convey to whoever sees the URL what products or services are behind the name. A domain qualifies as a trademark when it is a "source indicator." Your domain must convey the products or services associated with the name to whoever sees the URL. Not all domain names can be registered as trademarks. The PTO is particular about what can be registered as a domain name.
Consumer confusion occurs when another company has a domain name close in spelling to your domain. The other company's name might different by one letter. Generally, consumer confusion matters only if a domain name that's similar to the one you want to use is a protected trademark. To be protected, a trademark must be distinctive. If the trademark owner has been able to register a name with the U.S. Patent and Trademark Office, it is probably distinctive. The dispositive question in trademark infringement cases is whether the similarity of the marks is likely to confuse customers about the source of a product or service. Interstellar Starship Services, Ltd. V. Epix, Inc., 304 F. 3d 936, 941 (2002).
Initial interest confusion occurs when the defendant’s use of plaintiff’s trademark sways consumers towards their own product or service by capturing “initial consumer attention.” Brookfield at 1045. In the context of website domain, the defendant’s unauthorized use of the trademark confuses consumers who expect to find the plaintiff’s product or service at that web address. Interstellar at 942. Although actual confusion is not required, plaintiff must prove a probability of confusion, as the mere possibility is not enough. Perfumebay.com Inc. v. eBay, Inc., 506 F.3d 1165, 1176.
To evaluate the likelihood of confusion, including initial interest confusion, the Sleekcraft factors considered are:
(1) the similarity of the marks;
(2) the relatedness or proximity of the two companies' products or services;
(3) the strength of the registered mark;
(4) the marketing channels used;
(5) the degree of care likely to be exercised by the purchaser in selecting goods;
(6) the accused infringers' intent in selecting its mark;
(7) evidence of actual confusion; and
(8) the likelihood of expansion in product lines.
Courts consider these factors within the totality of the circumstances through the eyes of the “reasonably prudent consumer” in the marketplace, not a person with a legally trained mind. Dreamwerks Production Group, Inc. v. SKG Studio, 142 F.3d 1127, 1129 (1998).
In the context of website domain, courts have held that the three most important Sleekcraft factors in evaluating a likelihood of confusion are (1) the similarity of the marks, (2) the relatedness of the goods or services, and (3) the parties’ simultaneous use of the Web as a marketing channel. Interstellar at 942.
No one factor is to be considered conclusive and the relative importance of each individual factor will be case-specific. Compare Brookfield, 174 F.3d at 1061 (holding that use of the domain name “moviebuff.com” violated plaintiff’s trademark rights in the mark “MovieBuff,” as consumer confusion is likely to result from the relatedness of the products and the companies’ simultaneous use of the Web as a marketing and advertising tool) with Interstellar at 943 (finding that domain name “epix.com” for website showcasing creator’s electronic pictures did not infringe the trademark “EPIX,” used in connection with printed circuit boards and computer programs, because there was a lack of relation between the products and both parties marketed to a different consumer base through the web).
The Federal Trademark Dilution Act (FDTA) allows a trademark owner to obtain an injunction against another’s “commercial use in commerce” of a mark or trade name” 15 U.S.C. § 1125(c)(1). “Commercial use in commerce” has been generally interpreted to mean use of mark in relation to any goods or services. Mattel, Inc. v. MCA Records, Inc., 296 F.3d 894, 903 (2002).
If you believe someone is infringing on your trademark or have questions regarding trademark registration, copyright, or any other intellectual property related question, we invite you to contact our office and speak to an experienced Los Angeles trademark lawyer at (310) 943-1171.
Businesses can dissolve the entire or part of a company by engaging in the "winding up" or "dissolution" process. The winding up process is subject to a strict legal rights of its partners, as well as creditors and claimants. Terminating a California business, often times involves a "liquidation process", where the company begins to wind-up affairs, pay debts, and dissolve. Furthermore, there are special procedures for dissolving corporations that are undergoing Chapter 7 bankruptcy, or have disposed of all assets, and not conducted any business for the last five years.
During the winding-up process is subject to strict legal rights of the shareholders, thus must be both "just and equitable" Thus, to ensure that all issues are considered and addressed appropriately, its is recommend to that you consult with California corporate attorney prior to submitting termination documents to the California Secretary of State. If you wish to dissolve or terminate your corporation, we invite you to contact our Glendale business corporate lawyers and discuss the proper legal steps you must take in order to property terminate your California corporation. Under California’s General Corporation law (“GCL”) shareholders holding shares with at least 50 percent of the voting power can voluntary elect to dissolve the corporation. It is important that you review your articles of incorporation and bylaws, and speak to a experienced Glendale business lawyer, to ensure that you are following the proper dissolution procedures specifically for your corporation. If a all members have approved that dissolution, your corporation continues to exist only for the purpose of taking care of final matters. As such, all board members have full power to wind up and settle the affairs of the corporation, including paying all known corporation debts and liabilities, and then distributing remaining assets, if any, to persons entitled to those assets.
Prior to starting a business, a business name must be selected that is not already in use. You can find out if the fictitious business name you choose is available for use by going to the Los Angeles County Registrar-Recorder website. If the business name you selected is available, you may then register with the Registrar-Recorder/County Clerk's Office. Likewise, fictitious business name statements must also be filed with the Registrar-Recorder/County Clerk's Office.
Starting a business is no small task and you should be confident in your abilities to successfully form your business. California offers a number of business structures you can utilize to accomplish certain things. Choose the business structure that best fits your needs.
Sole proprietorships are the basic business form under which a business owner can operate a business. It is important to remember that sole proprietorships are not legal entity. It simply refers to a person who owns the business and is personally responsible for its debts. In other words, a sole proprietorship is owned by one individual, of which is personally taxed on income and is personally liable for debts of the business. Thus, if you are a sole proprietorship, consider registering a sole proprietorship into a corporation. This way you not only protects your personal assets and personal liability, but you also tell the world that you take your business seriously.
A corporation, in its legal form, is an entity separately from you, the business owner. In California, corporations are considered to be an “entity”, you can think of it as a separate “person”. One benefit of registering and filing your business under a corporation is it can shield business owners from personal liability and debits. A corporation is also taxed and so are its shareholders.
A limited liability company, commonly referred to as an “LLC”, offers liability protection like a corporation, but is not taxed as an entity. Instead, the LLC's income is usually taxed through the individual on their income. Corporations provide limited liability protection to their owners. Typically, the owners are not personally responsible for the debts and liabilities of the business; thus, creditors cannot pursue owners’ personal assets.
In order to show likelihood of confusion, there must be a probability of confusion; mere possibility of confusion is not enough. Nora Beverages, Inc. v. The Perrier Group of America, Inc., 269 F.3d 114, 121 (2d Cir. 2001) (internal citations omitted). It should also be noted that plaintiff does not have to prove actual confusion in order to show that the defendant is liable for trademark infringement. Perfumebay.com Inc. v. eBay, Inc., 506 F.3d 1165, 1176 (9th Cir. 2007) (internal citations omitted). If the plaintiff is able to show likelihood of confusion the defendant will still be liable for trademark infringement even if the plaintiff shows no instances of actual confusion.
The test for likelihood of confusion is whether a reasonably prudent consumer is likely to be confused as a result of the similarity of the marks. Dreamwerks Production Group, Inc. v. SKG Studio, 142 F.3d 1127, 1129 (9th Cir. 1998) (internal citations omitted). The likelihood of confusion exists when there is a likelihood that an appreciable number of reasonably prudent consumers is likely to be misled or confused because of the similarity of the marks. McGregor-Doniger, Inc. v. Drizzle, Inc., 599 F.2d 1126, 1130 (2d Cir. 1979) (internal citations omitted). To sum up, there is a likelihood of confusion when there is a probability that an appreciable number of reasonably prudent consumers will be confused as to the source, affiliation, connection or sponsorship of goods or services because of the similarity of the two marks.
Federal courts in different federal circuits have come up with multi-factor tests in order to determine whether there is a likelihood of confusion or not. The test in the 9th Circuit, which includes the State of California, is the eight-factor Sleekcraft test pursuant to which the court shall consider the following factors to determine if there is a likelihood of confusion or not:
These factors are not requirements but are helpful guidelines for courts in order to determine whether there is a likelihood of confusion or not. Eclipse Ass’n, Ltd. v. Data General Corp., 894 F.2d 1114, 1118 (9th Cir. 1990). The application of the text shall be flexible, and there is no specific formula setting forth how the factors included in the text shall be considered. Nautilus Group, Inc. v. ICON Health and Fitness, Inc., 372 F.3d 1330, 1346 (Fed. Cir. 2004) (internal citations omitted). The important question is what the analysis as a whole reveals about the issue of likelihood of confusion. Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1141 (9th Cir. 2002). This means that none of the factors is determinative but the analysis as a whole shall answer the question whether there is a likelihood of confusion or not.
It should be noted that the degree of similarity of marks necessary to show likelihood of confusion varies depending on the competitiveness of goods and services. The more similar the goods or services the less similar marks need to be in order to prove likelihood of confusion. Century 21 Real Estate Corp. v. Century Life of America, 970 F.2d 874, 877 (internal citations omitted). Conversely, “… the greater the degree of similarity between the marks, the lesser the degree of similarity between the goods is necessary to support a finding of likelihood of confusion.” The Board of Regents, University of Texas System v. Southern Illinois Miners, LLC, 110 U.S.P.Q.2d 1182, 1189 (internal citations omitted). Hence, if the marks are very similar the court may find a likelihood of confusion even if the goods or services at issue are not very similar. To summarize, your trademark or service mark is being infringed if a use of another mark creates a likelihood of confusion among consumers. If the other mark is very similar to your trademark or service mark you might have a cause of action for trademark infringement even if the goods or services are not very similar. If you believe someone is infringing on your trademark or have questions regarding trademark registration, copyright, or any other intellectual property related question, we invite you to contact our office and speak to one of our experienced business attorneys at (310) 943-1171.
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.
Pursuant to this basis for registration, the applicant must first use the mark in commerce. Once the mark is used in commerce the applicant can file the application to register the trademark.
The Lanham Act also allows filing an application for registration if the applicant has a bona fide intention to use the mark in commerce. 15 U.S.C. 1051(a)(2). Here, the applicant has not used the mark in commerce yet, however, he has a bona fide intention to make such use in future. The bona fide intent requirement means that there must be an actual intent to use a mark and evidence objectively demonstrating such intent. Aktieselskabet AF 21. November 2001 v. Fame Jeans Inc. (2008) 525 F.3d 8, 21.
It should be noted, that although the Lanham Act allows to file the intent to use application before using the mark in commerce, the registration of the mark will not be granted unless the applicant files a proof that he has used the mark in commerce. After filing the statement of use application, if the mark is registrable and no successful opposition is filed, the US Patent and Trademark Office will issue a notice of allowance which will give the applicant time to file a statement showing that the mark was used in commerce.
The applicant has a maximum of thirty six month after the date of issuance of the notice of allowance to show the actual use of the mark in commerce. The applicant shall comply with this requirement by filing the statement of use application with evidence showing the use of the mark in commerce. Only after filing the proper statement of use application the applicant can obtain the actual registration of the trademark.
Pursuant to the Section 44 of the Lanham Act, if a foreign national’s country of origin is a party to an international trademark treaty signed by the United States, and if he has or has applied for trademark registration in the foreign country, the foreign national with a bona fide intent to use the trademark in US can file an application with the United States Patent and Trademark Office to register the same trademark. 15 U.S.C. 1126.
This section of the Lanham Act is intended to give privilege to nationals of foreign countries who have entered the same international trademark treaties with the US. This basis gives an opportunity to foreign nationals to register a trademark if they already have a registration or application in their home country. It should also be noted that in this case the applicant does not have to show the actual use of the mark in the US in order to obtain registration of the mark. If the applicant has bona fide intent to use the trademark in the US and he already has a registration or application in his home country that will suffice for registering the mark in the US.
“[T]he holder of an international registration shall be entitled to the benefits of extension of protection of that international registration to the United States to the extent necessary to give effect to any provision of the Madrid Protocol.” 15 U.S.C. 1141E(a). This section of the Lanham Act is intended to enforce the provisions of the Madrid Protocol which is designed to facilitate the registration of trademarks in several nations.
This basis gives an opportunity to applicants who have international registration pursuant to the Madrid protocol to extend the protection of the mark to the US. It should be noted that the applicant does not have to show actual use of the mark in the US for the extension of protection. The international registration of the mark and the applicant’s bona fide intent to use the mark in the US will be enough for registering the mark with the United States Patent and Trademark Office.
If your situation falls under one of the four bases for registration described above you can consider registering your trademark with the United States Patent and Trademark Office.
If you have questions regarding trademarks or even trademark infringement, give us a call and speak to one of our experienced Glendale business law attorneys.
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.
Additionally, if an applicable statute authorizes, the prevailing party in litigation can seek to recover attorney fees. Some California statutes are discretionary; such that the court “may” award attorney fees to the prevailing party, whereas other statutes provide mandatory language and “shall” award the prevailing party with its attorney fees. Some statues that allow the prevailing party to recover is when the losing party files a lawsuit based on no grounds, such that there was no reason to bring forth the lawsuit; instead, it was a waste of court’s time and resources. Other statues allow recovery of fees from a case that substantially benefits or influences the public. Give us a call, we speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic. 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.
Location: 701 North Brand Blvd. Suite 100 Glendale, CA 91203 Telephone: (310) 943-1171 Email: [email protected]
It should be noted that USCIS prioritizes asylum applications for interview scheduling as follows:
Generally, the applicants in the first and second categories are scheduled promptly.
Although asylum applicants have to wait for years for their interview, they do not have to wait until the interview to obtain employment authorization. Simply filing an application for asylum does not entitle the applicant to employment authorization. However, an applicant may request a permission to work if the application is still pending, and 150 have passed since the application was accepted by USCIS. 8 C.F.R. § 208.7(a)(1). If the asylum application is not denied, the USCIS has 30 days from the date of filing of the application for employment authorization to grant or deny that application except that no employment authorization will be issued to an asylum applicant prior to the expiration of the 180-day period following the filing of the asylum application. Id. The employment authorization document is valid for two years, and can be extended after the expiration date if the asylum application is still pending.
To sum up, asylum applicants may have to wait for years until their asylum interview. In some regions of the United States applicants have to wait for more than five years. However, foreigners with pending asylum applications may apply for employment authorization five months after filing the application with USCIS.
We invite you to contact our office and speak to our Glendale immigration attorney for a free consultation. Our immigration attorney speaks English, French, Spanish, Russian, Armenian, and Italian.
It is hard to determine what actions violate the unfair competition laws, however if you are ever in doubt the first step would be to call a lawyer. There are several legal routes to take when a business entity are opressing by unfair competition. Filing a lawsuit against an unfair competitor would be the most effective route, in which the plaintiff collects money for every violation. According to BPC 17206, any person who engages in unfair competition will be liable for a civil penalty not exceeding $2500 for each violation.
The court asses each violation made by the Defendant and determines whether it is worthy of a violation. Numerous circumstances are considered when making the final decision, including: the number of violations, seriousness of misconduct, persistence of misconduct, liability, net worth, and defendant’s asset’s.
The industrialization of most cities in the United States puts small business owners at risk of being intimidated or bought out by larger corporations. Business owners can file a lawsuit as a countermeasure to corporation’s intimidation strategies, if they cross the lines of unfair competition. If any business owner is in fear of being a target by other corporations, make sure to contact an attorney to see whether you are a victim of unfair competition.
Give us a call, our litigation and trial attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.