The timeline for a registering a trademark can sometimes be lengthy. Although it seems like a fairly simple process to undertake, failure perform every obligation can result in lengthy delays or even abandonment of the registration process altogether. Many trademark registrants attempt to register a mark on their own, without the help of an attorney,

The state of Delaware has gained great notoriety as the premier place for entity formation in the United States.  Many business owners often hear that “Delaware is the place to be,” but do not exactly know why the state has this reputation.  This article will discuss a few reasons for and against Delaware entity formation.

When new companies start, one of the first decisions they make is the form of entity the new business will take. Often the choice comes down between a corporation and an LLC.  Because corporations have double taxation, if the corporate entity is chosen, the new business owner often wants to make an S corporation election

When companies need worked performed, many business owners may think it easier and less expensive to classify the worker as an independent contractor as opposed to classifying them as an employee.  Employment classification can have important financial and tax implications. But one needs to be sure that the employment classification is correct or they may

For those unfamiliar with the process, applying for and actually registering a trademark can be a long and sometimes complex game of wait-and-see.  There are many factors that can shorten or lengthen the time it takes to successfully register a trademark such as: the trademarkability of the “mark”; the expedience in response to Office Actions;

When drafting a settlement agreement or an agreement that terminates the service and business relationship between the parties, one or both parties may also want a provision that provides a full release from all current, future, and even unknown future claims.   Having this type of waiver is desirable because it gives the parties closure and

Offering or selling a franchise can be a complex undertaking. The offer or sale of a franchise is governed by the individual state.  However, a Uniform Franchise Disclosure Document (UFDD), formerly called an offering circular, which is required in California, is regulated by the Federal Trade Commission. California has three main statutes that control franchises: 

California’s Davis-Stirling Act took effect in 1986.  This Act serves as the governing laws of “Common Interest Developments.” According to the Act, a “Common Interest Development” (CID) means any type of: Community Apartment Project; Condominium Project; Planned Development; or Stock Cooperative Thus, if you are thinking of buying a home or condo governed by a

A Non Disclosure Agreement is an agreement between two parties where one or both of the parties promises not to disclose confidential information that is exchange during the dealings between the two parties. There are numerous scenarios in which an NDA is desirable.  A company may want to keep an employee or independent contractor from

Many people have heard of the term “fictitious business name” and may have even unknowingly conducted business with one. This article will discuss what it is, some of its requirements, and some of its benefits and downfalls. From its name, it sounds like a fictitious business name may be illegal or fraudulent. However, it is