Insights
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Plain-English guides on contracts, IP, business formation, and litigation, written by attorneys, not marketers.
What to Avoid When Collecting a Judgment
Avoiding Issues in Collecting a Judgment in California Once the court accepts a claim to certain damages or debt, the creditor or injured...
Fraud in Contract Law
The death knell of any contract is Fraud. Fraud as a legal concept is not limited merely to contract law or civil litigation, and often carries criminal consequences. However within the context of contract law, fraud is generally described as deliberation deception, often used for material gain or to harm another. Fraud is an obviously serious charge, and as contracts often demand a mutual trust between parties, fraud can serve to immediately sever that contractual relationship. The main...
Contractual Terminology
Certain forms of contractual language can prove difficult to grasp at first glance by anyone uninitiated as to the terminology utilized in contract law. However most terms sound more complicated than they truly are, and often serve to legally express ideas that any business owner or party to a contract would be familiar with in theory if not in practice. Some of these terms include: “AS IS” “As is” in a contract typically implies that the buyer is agreeing to purchase something in its present...
Contractual Restrictions
Contractual Restrictions Posted by admin in Blogs Often a contract will contain clauses that express not an obligation to act in a certain way, but an obligation to either limit or restrain entirely certain actions instead. These contractual restrictions are commonly used to deter any harm that can come about from unintended consequences of the contract itself. Some examples of these forms of restrictions include: Non-Compete Clauses These clauses designate certain periods of time following...
Responding to Office Actions Regarding Trademark Applications
Ideally, a trademark application sees no office action beyond its affirmation by the USPTO, followed by its registration within the Principal Trademark Register. However, there are often certain considerations that require further attention, generally expressed by the USPTO’s examining attorney responsible for overseeing USPTO responses to a specific trademark application. Office actions from the USPTO refusing registration are not the conclusive end of a trademark application, but merely...
Incontestability in Trademark Ownership
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Enforcing Trademark Ownership
Once ownership of a mark is established through the registration process, and the final opposition period concludes, the USPTO’s role in protecting a trademark is essentially complete. Though it will bar other prospective applicants attempting to trademark confusingly similar marks, ultimately the burden of enforcing those trademark rights within the market is upon the new owner. Owners may sue to prevent someone else from using a confusingly similar mark. Courts will often examine the...
Trademark Filing Basis
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Trademarks: International Classes
The USPTO organizes trademarks in different “international classes”, wherein several distinct but associated or commercially related products and services are grouped together. These international classes were initially introduced in the international 1957 Nice Agreement. The USPTO adopted these classifications on September 1, 1973, thereby organizing all trademarks within 45 categories, ( 34 goods classifications and 11 service classifications) These classifications are designed to include...
Trademark Cancellation Process
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Benefits of Trademark Registration
We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of the law and the industry, capitalizing ...
Responding to Office Actions Regarding Trademark Applications
We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of the law and the industry, capitalizing ...
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