Discover the latest business litigation advice and articles from the Attorney Referral Service of San Fernando Valley Bar Association.
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If you’ve ever had a bad experience with a contractor, you know just how stressful it can be. It’s not all that uncommon for contractors to abandon projects, leaving homeowners with incomplete projects and behind schedule or over budget.
In this article, we’re taking a look at the question – what kind of lawyer do I need to sue a contractor?
If a person or company fails to fulfill any term of a contract without a legitimate excuse, it may be considered a breach of contract. If this is the case, you need to understand the difference between an anticipatory breach, a fundamental breach, a material breach, and a minor breach.
In this article, you will discover the four types of breach of contract.
Los Angeles lacks a legal framework for selling food on the street, but a new bill aims to change that.
Street vending is a $504 million industry in Los Angeles.
According to the Bureau of Street Services, an estimated 50,000 street vendors set up shop on the sidewalks of Los Angeles. While the majority of vendors sell merchandise, roughly 10,000 sell sell hot dogs, ice cream, and other foods.
So, is street vending legal in Los Angeles?
Despite years of debate and little-to-no movement from lawmakers, street vending is still technically illegal. With that said, there have been some new developments that may result in the decriminalization and regulation of street vending.
Let’s take a closer look …
A contract is a legal document that outlines the promises and expectations between two or more parties.
This document may be in place between a company and its employees, suppliers, and customers as a way to clearly define the agreement between the parties. In a perfect world, the parties involved will deliver the services or payment as outlined in the contract.
When this doesn’t happen, it’s called a breach of contract.
When this occurs, there are a few breach of contract remedies available. Today, we’re going to explore why hiring an experienced contract attorney may be the best option.
Let’s get started …
Need to settle a contract agreement dispute?
A breach of contract occurs when someone fails to fulfill any part of their contractual obligations.
This may occur due to financial problems, delays, or unexpected events that hinder or prevent someone from successfully fulfilling the contract. When this happens, a contract agreement dispute usually occurs between the parties involved.
Today, we’re going to outline a few steps so you know how to settle a contract agreement dispute quickly and avoid problems in the future.
Let’s get started …
There are several ways to handle a contract agreement dispute in California.
Before we get into that, we want to recommend you seek the help of an attorney with experience in contract law before signing anything. It’s always a good idea to have someone look at the terms of a contract before you enter into the agreement, as this may help avoid problems in the future.
Need help handling an existing dispute?
Here’s what you can do to settle contract agreement disputes quickly and avoid them in the future …
You should, of course, read any contract before you sign it. And if a dispute arises, the first step to resolving it is to read it again. When reviewing your contract, pay particular attention to some specific sections or clauses, including:
It is always a good idea to attempt to negotiate any dispute with your contractor before taking any legal action. You should calmly point out what you think the contractor did wrong and give him a chance to respond. Some disputes are based on simple misunderstanding or miscommunication. Discuss with your contractor what actions he needs to take to remedy the situation and see how he responds.
Negotiations can become more formalized with the addition of attorneys for both sides. It is the most basic means of settling differences, a back-and-forth communication between the parties with the goal of trying to find a solution.
There are no specific rules or procedures to follow in negotiations. Both sides can determine how best to proceed in a calm manner.The negotiations process can be used at any stage of the dispute – before a lawsuit is filed, while a lawsuit is in progress, at a trial’s conclusion, or before or after an appeal is filed.
Many state contractor licensing agencies or related trade groups have resolution programs for general contractor disputes. Although they may be biased toward the contractor, they would be interested in any dispute involving one of their members. Reputations are important for business. And in any event, should this bear fruit for you, there would be significant cost savings in using this option.
If your contractor and you fail to reach an agreement, you may want to suggest mediation as the next step.
Mediation is a more structured negotiation process and is overseen by a third-party, independent person known as a mediator. The mediator helps both parties identify the issues in the dispute and helps them reach a mutually satisfactory agreement. It’s a process often conducted by a retired judge or senior construction attorney. It can also be handled by an attorney.
This is a non-binding process, simply designed to help the opposing parties see the situation in an objective way and to see each other’s viewpoint. Any agreement the parties reach during mediation is not binding unless the parties agree to make it binding and put the terms of the resolution in writing, and both parties sign it.
Mediation can be used in most kinds of disputes including the following:
Where mediation involves a third party to help with dispute resolution, the two sides maintain control of the process. Arbitration, however, puts control in the hands of that third party as an impartial person to make the final decision.
Arbitration is part of the alternative dispute resolution (ADR) process (along with negotiation and mediation) and is commonly used in those circumstances where the parties’ ability to negotiate has been completely exhausted.
There are arbitration clauses in many contracts, typically in applications for a credit card, stock-broker account, or retirement account. In arbitration, usually both sides are represented by attorneys, and they agree to the arbitrator.
The arbitrator listens to both sides, their documents, evidence, and testimony and makes a decision. The process is similar to a trial in that only one side prevails. But unlike a trial, appeal rights are limited.
Arbitration can be non-binding, but it is designed to be a binding process if both parties agree. And this is what limits the appeal process. An arbitrator’s award can be enforceable in court as a judgment. There are 20 states and 10 federal district courts that use compulsory (but non-binding) arbitration as a prerequisite to litigation.
The process is conducted by a single arbitrator or a panel of three arbitrators and is usually held as a hearing in offices or meeting rooms.
Breach of contract is one of the most common types of cases settled with business litigation.
This is where an attorney is really important. It is defined as the use of the courts and civil justice system to resolve legal controversies. It can be used to compel the opposing party to participate in the solution.
As mentioned above, many courts require parties to consider some form of ADR before going to trial. Most cases are actually settled this way with only five percent of all cases going to court.
A trial is a formal judicial proceeding that allows each side to present its case to a judge or jury along with any pertinent facts and documentation for full examination.
The decision is made by applying the facts of the case to whatever law applies. The final verdict can conclude the litigation process and be an enforceable decision, or the losing party can appeal the decision to a higher court.
Solving a contract dispute can be as easy as talking with the contractor to mutually resolve the issue. If this doesn’t work, hire a lawyer.
Corporate law involves the rights, relations, and conduct of people, companies, and organizations.
It regulates how a variety of people, including investors, shareholders, and employees interact with each other. When a dispute occurs, it is often resolved through business litigation.
Today, we’re going to explore some of the most common types of business litigation so you have a better understanding.
Let’s take a closer look …
Business litigation is a field of law that deals with the many situations where company owners, managers, and employees have differences that cannot be resolved on their own and need legal intervention.
In these situations, there is a plaintiff that seeks some sort of remedy, usually monetary in nature, from a defendant responsible for whatever damages are being claimed.
Business disputes can take many forms, and there are attorneys who specialize in each one and offer assistance by offering counsel to one party or the other, and usually, both sides are represented in court.
Often, these disputes can be resolved through arbitration or mediation without going to court. But sometimes trials are needed.
Here are some of the more common business litigation cases.
In a contract, two parties agree to certain obligations toward each other in some kind of exchange. When one or more of these parties fail to meet the terms of the agreement, a breach of contract occurs.
If a contract is written in fuzzy terms, it can lead to misunderstandings and disparate expectations by the two parties. And this can lead to disputes.
Sometimes a contract can be inferred rather than expressed. In this case, a breach of contract is still possible under certain conditions.
Under one such condition, called quantum meruit, a party seeks to recover the value of improvements he or she made or the value of services provided.
Under a different condition, called promissory estoppel, one party claims that the other party (the defendant in this case) made a promise that he (the plaintiff) relied on to his detriment, and fairness demands enforcement of the promise.
A breach of contract can be excusable if the contract is void. This can happen if one of the parties was a minor (under age 18) or lacked the mental capacity to make a contract.
A contract may also be excusable if one of the parties withheld relevant information the other party needed to know or if one of the parties was under duress when making the contract.
A contract may be voided if it were illegal (like the selling of illegal drugs or firearms). It also may be voided if the contract were changed with things added or removed.
A tort is a civil case in which one party claims that another party caused him or her physical or emotional harm. Tort cases can take many different forms and can be based on alleged harm to someone’s personal safety, the safety of their property, or financial security.
Common torts are those related to accident and injury, assault or battery cases, and negligence in which one party alleges that a caregiver did not fulfill their assigned duties or responsibilities.
Another kind of tort involves a breach of contracts, expressed or implied, resulting in economic injury, and it is called tortious interference.
Tortious interference with contract occurs when someone who is not a party to a contract says or does something to cause one of the parties to breach a contract.
The second kind of economic injury is tortious interference with a business relationship, which is similar to the contract interference except that an actual contract does not have to exist.
With tortious interference, a person or business in a contract can sue a third party if that third party knowingly interfered with the contract, and this led to a breach, with resulting damages to one or both parties.
In business, there are relationships at many different levels. There are obligations, both fiduciary and service-oriented, that are the basis for good faith and fair dealing.
Partnerships expect members to carry out their responsibilities with prudence and care and exchange information important to carrying out effective business operations. Proper disclosure is necessary for partners to make sound business decisions. There should be no conflicts of interest that may compromise the integrity of those decisions.
When there is a lack of open communications and obligations are not met or partners are acting out of self-interest rather than for the good of the partnership, disputes can occur that can lead to litigation.
Corporate disputes can occur over acquisitions or mergers or the break-up (business divorce) of a business.
Sometimes contracts contain clauses that any disputes will be taken to arbitration or mediation before going to court. Mediation involves both parties presenting their cases to a third party, with the final result not binding and the possibility existing that the dispute will still go to court.
In cases of arbitration, the decision of the third party is usually binding. The process is a bit more formal than mediation.
Employment disputes often center on worker claims of unfair treatment and allegations of discrimination. Workers can have claims of harassment or bias or hostile work environment. There can be wage and hour disputes or issues regarding healthcare, family leave or other benefits.
Workers might be passed over for promotion and feel the primary reason was age or gender. They can be terminated and feel the reason was age or race. They may be asked to do work that no one else is asked to do, and feel that the reason is personal rather than company-based.
Workers may see unsafe or unhealthy conditions and report them as violations, with a resulting negative reaction from their employer – a situation called “whistleblower” that can lead to punitive measures for the employer.
Property disputes can range from zoning issues to property line disputes to homeowner and contractor disagreements. They can include licensing issues or insurance issues. There can also be differences in market value for real estate leasing or purchase.
Class action disputes are similar to torts except that it is a group or class of people making the claim that they were all injured by the same thing. Typical subjects for class actions are defective products or exposure to hazardous materials.
Complaints against a city, county or federal government are often made because the plaintiff feels that a government policy or law or negligence of some kind resulted in personal or business harm.
In any case of business litigation, it is wise to have an attorney who is qualified by experience and certification to handle your particular interests.
It’s important you find an attorney with experience in business litigation.
It can mean all the difference between winning your case and losing your case. The search for the best attorney in your area will take time and energy, which is why it’s best to go through an attorney referral service.
That’s where we can help.
Call 818-340-4529 and we’ll help connect you with the right business litigation attorney near you.
If you’re starting a business, it’s important to hire a lawyer as soon as possible.
An experienced business law attorney will understand the legal requirements of starting a business in your state and provide you the necessary paperwork needed to get started. If you decide to start your business without a lawyer, you may face legal difficulties later.
Today, we’re taking a closer look at some of the reasons a business lawyer will help you set up your business for success.
Let’s take a look …
You want your business to succeed, right?
Of course.
Like all entrepreneurs, you’re more than aware of the time and effort it takes to build a business from the ground up.
That’s why you have to do everything you can to ensure your business not only survives the years to come. Hiring a business lawyer is just one step that positions your business for success. There’s no telling what types of challenges you and your business will face during your venture, which is why it’s extremely important to prepare for the worst.
What types of challenges?
Businesses face a wide variety of challenges, including financial, creative, and legal.
Taking the steps needed to prepare for those challenges will ensure you’re ready for them if they should arise. For example, you may need to reorganize your financial set up through bankruptcy, make a compromise with a business partner, or defend your business from legal claims.
Hiring a lawyer before these challenges arise will help you nip them in the bud.
Lawyers work with a lot of people.
Some may even able and willing to introduce you to some of their connections in a way that benefits your business.
In addition to minimizing risk, an attorney can help you maximize value. A good lawyer can tell you about special tax benefits of one type of incorporation vs. another type. He can advise you on capital gain taxes.
A good business lawyer can introduce you to angel investors and venture capital sources based on previous experience with them. Having a network of proven financial backers can be essential in getting off to a strong start with funding and high valuation.
In their haste to get to market and establish their startup, many entrepreneurs don’t think about potential legal issues or think they can be addressed later. But this thinking fails to consider that “later” might mean “more expensive.”
For example, founding a startup as an LLC and later changing it to a Delaware C corporation would be more expensive than choosing the right type and filling out the right forms from the beginning.
Many small business owners do not consider legal assistance until something bad happens, like being sued. There has been a case of sexual harassment or wrongful termination or some other issue that has led to litigation. It’s better to have an attorney advise you on corporate employee rights in the workplace before trouble occurs.
A lot of startup founders don’t understand all the legal requirements of beginning and running a business. If you are setting up an LLC in New York, for example, you are required to announce it through newspaper notices. These could be costly from a media standpoint but even more costly if you fail to follow legal requirements. A good lawyer, especially one who knows your state laws, can keep you informed of what you need to know and do to minimize risks.
A business lawyer can help you build and maintain good relationships with your customers, clients, partners, and suppliers by creating the appropriate communications vehicles. If you are asked to sign agreements and contracts with others, a lawyer can review them for you and keep you out of trouble.
It’s also a good idea to have a standard contract yourself to make it easier to hire, fire and compensate employees, recruit board members and advisors.
It’s a good idea to have a business lawyer or tax lawyer be on hand to make sure you are following regulatory tax laws for a startup business. The lawyer will help you set up a tax structure and required licenses and advise you on the tax implications of various business investments and other deals you are considering.
Your product may be new to the market and may be unique.
You may be in a creative field like design. In either case, your individual rights to your ideas can be at risk if not protected. A trademark, patent or copyright lawyer can help with intellectual property issues.
Whether you’re developing intellectual property now or plan to later, it will benefit your business to hire an intellectual property lawyer to ensure your work is protected.
Inexperienced entrepreneurs can take on unnecessary or unusual liabilities and dilute or spread equity too much. Before signing any terms, it’s a good idea to have a lawyer advise you on the soundness of the agreements you make. You can avoid traps from investors who want to take advantage of you.
It is possible that a company founder can get into legal trouble to the extent that the federal government starts an investigation. Issues can stem from IRS filings or financing laws or securities questions, or any of a dozen more possibilities. A business transactional lawyer has the experience to help you with the legal maze you will face.
Property is normally thought of as tangible assets, like a house, car, or real estate. It is usually viewed as something you can see and touch. But there is another kind of property just as important to have and protect.
And that is intellectual property.
Intellectual property refers to any creation of the mind, like inventions, names, symbols and images used in commerce, literary and artistic works. Intellectual property is traditionally divided into two categories – Industrial Property and Copyrights.
Industrial property includes such things as patents for inventions, trademarks, industrial designs, and what is called “geographical indications.”
Copyright refers to literary works, such as books, poems and plays, films, music, works of art, and architectural design. Works of art can include drawings, paintings, photographs, and sculptures.
There are other rights related to copyright, and they include the work of performing artists in their performances as well as producers of audio material in their recordings, and also broadcasters in their radio and television programs.
Similar to perhaps the better-known property rights, intellectual property rights also allow owners or creators of personal information to protect their creative invention. Individuals can get that protection through patents, trademarks or copyrighted works.
Intellectual property rights are stated in the Universal Declaration of Human Rights, Article 27. The article provides the right for intellectual property owners to benefit from the protection of material and moral interests resulting from their authorship of literary, artistic or scientific productions.
A patent is an exclusive right for a person to invent a product or process that provides a new kind of service, a new way of doing something, or a new technical solution to a problem. A patent provides patent owners with protection under the law for their inventions.
To secure a patent, the owner has to file an application that contains the title of the invention, along with an indication of the product’s technical field and a description and background information on the development of the product.
Patent filing information must be in sufficient detail and clarity that an average person with an understanding of the technical field could duplicate or reproduce the invention. The detail might include drawings, diagrams or plans and whatever claims the owner is making for protection. Patents are typically granted for a 20-year period.
There are millions of patent documents in existence. It would be a good idea to search an international database of patents before attempting to file a new one.
In ancient times, craftsmen identified their creations with some kind of personal marking. This was their personal signature and indicated their ownership of the particular design and application of the product.
Today, these personal marks are still being recognized but a bit more formally through a system of trademark registration and protection. The process allows a manufacturer to identify its product or service – and level of quality and performance – as its own with a particular style and functionality, unlike its competitors. The process helps consumers decide which products or services to buy.
A trademark sign or symbol must be unique and distinctive so that consumers can distinguish it from other trademarks. It cannot be deceptive and cannot mislead consumers or be immoral. It cannot be similar to an already existing trademark, and it cannot have rights assigned to it that have already been granted to another trademark owner.
An application for trademark must be filed with the appropriate trademark office, either regional or national. The application must contain a clear representation of the sign being registered including forms, colors and any three-dimensional features.
The application should also contain a list of goods or services to which the sign or symbol would apply.
Copyright laws protect the literary and artistic works of authors, artists, and other creative people. Copyrights also protect the “related rights” of creative individuals.
Materials covered by copyright laws include such things as:
Protecting copyrights
Everyone has a natural right to be the first publisher of their own information. Copyright and related rights are granted automatically without the need for registration. However, many countries offer optional registration to facilitate any disputes over ownership, or sale or transfer of rights.For information on U.S. registration, you can contact the U.S. Copyright Office.
An industrial design is the aesthetic aspect of an item. It refers to the ornamental aspects such as three-dimensional design (shape or surface) or two-dimensional design (patterns, color or lines).
Protecting industrial designs
An industrial design has to be new or original and non-functional. It is purely aesthetics or ornamental. Any functional features may be covered by patents. There can’t be any similar designs in existence.
An industrial design must be registered and a certificate issued. Protection is granted for five years with the possibility of renewing for another 15 years.
Geographical Indications
A geographical indication is a sign used to indicate that goods possess characteristics or qualities due to their geographic location. Usually, the geographic indicator contains the name of the place of origin.
Geographic indicators are often used with agricultural products to signify a certain location with particular climate and soil. An example would be “Napa Valley” for a particular wine or “Roquefort” for a particular cheese or dressing. Each represents a unique geographical region and enables consumers
Geographical indications are protected by a wide range of laws including those against unfair competition, consumer protection laws, laws for protecting certification marks, and laws specifically designed for the protection of geographic indications.
Violation of geographic indications can lead to court injunctions, fines, or even imprisonment.
The USPTO is a federal agency service that advises the President (through the Secretary of Commerce) and all federal agencies on national and international policy issues regarding intellectual property.
The USPTO is authorized by statute to conduct programs and strategies, provide counseling and advice, and to interact with IP offices worldwide on intergovernmental, international issues regarding intellectual property.
The World Intellectual Property Organization
The World Intellectual Property Organization (WIPO) helps protect the rights of creators and owners of intellectual property. Established in 1970, it is a largely self-financed organization that offers international registration and filing systems. It also publishes helpful information and offers mediation and arbitration services.
Copyrights are a type of intellectual property. We think of property as physical items that we can possess – and that have monetary value. But ideas can have monetary value, too! Intellectual property law protects those non-physical kinds of property. There are three main types of intellectual property protections: trademarks, parents, and copyrights. Trademarks protect the names, logos, and other identifiable symbols of a brand. Patents protect technological advances. Copyrights protect creative works such as music, artworks, and books.
A copyright gives you the right to control your creative work. You can determine who can reproduce your work, sell it, adapt it, display it, or otherwise use it. You have the right to license other parties to use your works. For example, you can sell a license to a production company allowing them to use your song in their movie.
The idea behind intellectual property law is to make sure you get the benefit of your ideas. Of course, you can’t simply claim that an idea was yours after someone else uses it – there’s no way to verify that. Under federal law, your work must be “fixed in any tangible medium of expression.” 17 U.S.C. § 102. For example, you must have a recording of a song or movie, written (or digital) text for your book or play, or a physical sculpture. If your work contains multiple types of creative work (like a musical, with music, lyrics, choreography, sets, etc.) then anything you want to copyright has to be recorded in a tangible medium of expression. You can’t copyright an idea. Types of work that may be copyrighted include:
In addition to being recorded in some fashion, your work needs to be unique. You can’t copy another person’s work and claim a copyright. That comes up a lot in music, where one artist claims that another used their melody. If a copyrighted work is similar to a lot of other works, it can be tough to enforce a copyright claim. For example, there are a lot of common literary and movie tropes and popular chord progressions in music. It’s hard to argue that those things are your intellectual property unless they’re really unique.
Finally, the work has to be creative. That’s a little bit of a fuzzy area; how much creativity is enough? Writing a train timetable is probably not enough, but maybe using that same train timetable to make a statement as a piece of art may be. You can’t copyright plain facts (even if you did original research to get those facts).
A copyright lawyer can help you determine whether your work qualifies for a copyright.
Technically, you don’t have to do anything at all to get a copyright – your creative work is automatically protected. This is an “unregistered copyright.” However, you’ll have to register your copyright before you can bring a claim against someone using your work. In other words, you don’t have to register your copyright right away; you can register it whenever you need to file a claim.
However, there are major benefits to registering your copyright quickly. If you register within three months or before the start of any copyright infringement, you get a lot more protection. First, that creates a presumption that your copyright is valid. Second, it gives you the right to collect up to $150,000 for a violation, even if there was no monetary harm. In other types of lawsuits, you have to prove that you lost money (or didn’t get money you should have) in order to win money, so that’s a big deal.
Registering your copyright is simple; you can do it online. You’ll need to pick the right kind of form; there are different ones for different types of works. Once you’re registered, you’ll be able to include a copyright notice on your work. That serves a couple of purposes. First, it lets everyone know that your work is copyrighted and makes it easier for people to track you down to ask for licensing. Second, it makes it much easier to enforce your rights – no one will be able to claim that they didn’t know the work was yours. Consider talking to a copyright attorney to make sure that your copyright notice is displayed properly so you get the full benefit.
Whether you register your copyright or not, it’s valid for your lifetime plus 70 years. After your death, your heirs get the advantage of your rights. After 70 years, your work will generally become part of the public domain, meaning anyone can use it.
Because of the creative nature of works under copyright, it can be tricky to defend your rights. As we mentioned above, registering promptly and including the copyright notice can make it easier. However, it’s not uncommon for people to have similar ideas and produce similar works. If you’re considering registering for a copyright or you need to enforce your copyright, we can connect you with an experienced local copyright attorney.
Physical property is easy to understand – this is my car, my cell phone, my clothes. Those things have value and they’re protected by the law. Intellectual property is also valuable. In fact, it can be extremely valuable (like the formula for a new drug or the latest hit pop song). But it can be harder to nail down the ownership rights of intellectual property; you clearly bought that car and have it in your possession, but how do you possess a song or a work of literature or an invention?
That’s where intellectual property law comes in. The law recognizes three types of intellectual property protection, each with its own rules. Patents protect new inventions and technical processes or material improvements on prior technologies. Copyrights protect creative work, like music and literature. Trademarks protect the identity of a brand – like McDonald’s famous golden arches.
The idea behind intellectual property law is that other people shouldn’t be able to benefit from your ideas, creative work, or reputation without your consent. When you patent, copyright, or trademark your intellectual property, you’re invoking the power of those laws.
As we mentioned above, a trademark is used to protect the logo, name, and other identifying characteristics of a given brand. For example, you couldn’t start a motorcycle company called Harley Davidson because that brand already exists and has the trademarks for that name. Trademark protection can also extend to logos and even specific colors (like Tiffany’s blue or T Mobile’s magenta). Basically, trademarks protect the identity of your brand so other people can’t piggyback off your brand recognition (or sabotage your good reputation).
There are a couple of different trademark symbols – TM, SM, and ®. The first two stand for trademark (for goods) and service mark (for services). They don’t actually have any legal significance, but it’s a good idea to use them whenever you use your name or logo to assert that you’re claiming branding rights. In some cases, you may be able to successfully bring an intellectual property claim if you can show that the other party knew about your branding.
The ® symbol is specifically for trademarks that are registered with the US Patent and Trademark office). This is the strongest protection you can get for your branding. Ideally, you should include that symbol wherever your brand name or logo are found. That gives everyone else notice that that branding is your intellectual property. If you fail to use the symbol and someone else infringes on your trademark, you’ll have to prove that they knew that your branding was trademarked – and that’s not an easy thing to prove.
So, a trademark is an important protection for your brand. And a registered trademark is a lot safer than an unregistered one. So, how do you go about registering a trademark?
Remember that the whole point of a trademark is protecting your brand’s unique identity. So the first step is to go to the Trademark Electronic Search System (TESS) to look up your business name in the federal registry and make sure that it’s unique. If it is, then you can go to the US Patent and Trademark Office’s website and register online; it’s a fairly quick process (and costs a few hundred dollars) and you may be able to get through it without the help of an attorney. They’ll process your application within around 6 months. In the meantime, use the TM or SM symbol to show that you’re claiming intellectual property protection for your branding. You’ll need to renew your trademark registration every 10 years.
Note that trademark protection goes to the first brand to use a name or logo in a given geographic area, regardless of whether it’s registered. So if you find that another company has jumped the gun and registered before you even though you were using that name, logo, or other symbol first, you’ll need to talk to an attorney about your options.
Not every registered trademark application is going to be accepted. Names that are very generic, for example, are hard to trademark since it’s hard to make the argument that it’s actually your intellectual property. It’s a lot easier to trademark Carrie’s Cupcake Crisis than it is to trademark Cupcake Shop. Of course, that can be a difficult thing to deal with if you’ve already set up your branding before trying to get a trademark. If that’s the case, you’ll need to work with an experienced intellectual property attorney to talk about how you can get a registered trademark and what other options you may want to pursue.
If you’re looking for help with a registered trademark or similar issue, we can connect you with an experienced local intellectual property lawyer who can help you understand your rights and options.
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