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~ Just a personal side of the law– opinions, ideas and thoughts.

The Triad Lawyer

Monthly Archives: January 2013

How to Create a Strong Trademark, Trademark Attorney in Winston-Salem NC

23 Wednesday Jan 2013

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How to Create a Strong Trademark, sanders law firm charlotte nc, Tradmark Attorney in Winston-Salem NC

A trademark is a word, logo, sound, shape, color or any combination that distinguishes the goods or services of one party from another. The development of a strong trademark is a valuable business asset that promotes customer goodwill, increases customer satisfaction and improves sales.

 

The validity of a trademark is not established by the registration of the mark with the United States Patent and Trademark Office, but by the strength of the trademark and its use in commerce.  A strong trademark provides immediate protection of the mark upon its first use in commerce because these marks are presumed to be distinctive. 

 

The strongest types of trademarks are “fanciful” trademarks, such as Kodak, Verizon, Xerox and Oreo, which often had no meaning prior their creation. These marks do not suggest or describe the identity of the product or service, and they are immediately protected once they are used in commerce.

 

“Arbitrary” trademarks include words that are unrelated to the class of the product or service that is being marketed, such Apple computers. These marks provide immediate protection upon the first use of the mark in commerce regardless of registration. 

 

“Suggestive” trademarks suggest an attribute of the product without being an outright description.  Greyhound for a bus line, Coppertone for suntan lotion and Roach Motel for cockroach traps are suggestive trademarks.  Suggestive marks are also immediately valid and protectable once the mark is first used in commerce. 

 

The weakest trademarks are “descriptive” and “generic” marks.  Descriptive trademarks simply identify a product’s attributes, such as Computerland. These types of marks are not provided immediate protection and cannot be registered with the United States Patent and Trademark Office because these marks are not inherently distinctive.  To merit protection, descriptive marks must acquire a secondary meaning, which means that, in the eyes of the public, the primary significance of the trademark is to identify the source of the product rather than the identification of the product itself. For example, both Kentucky Fried Chicken and Chap-stick were denied initial registration because these marks are merely descriptive; “Kentucky” is a geographical region and “fried” merely describes how the chicken is prepared. 

 

“Generic” trademarks merely describe the product class, such as toothpaste, chocolate and bread, and cannot be protected. 

 

Therefore, we encourage you to create a strong trademark, such as a fanciful, arbitrary or suggestive mark, which provides immediate protection for your product or service upon its first use in commerce.  We highly suggest that you avoid creating a descriptive or generic trademark.

 

For assistance with trademark registration, please contact Sanders Law Firm, PLLC at (336) 724-4707. Our fees for trademark registration begin at $650 plus additional fees paid directly to the USPTO. Trademark registration fees begin at $275.00 for simple registration for one class of goods or services.

 

Winston-Salem, Charlotte, Raleigh

4 Bay Garage/Shop for Rent at 6651 University Parkway, Winston-Salem

22 Tuesday Jan 2013

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auto repair shop for rent in Rural Hall NC, garage for rent in Winston-Salem

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For rent: $1900 per month.

6651 University Parkway, Winston-Salem, NC

One month security deposit required.

Call Kirk Sanders 336-724-4707

 

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Ivy Removal Service in Triad NC 336-978-5737

18 Friday Jan 2013

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(Ivy Removal Service in Winston-Salem, Ivy Removal in Greensboro NC, ivy removal Lewisville NC

I’ve hired Wesley Chapman to clear ivy in my backyard. He’s coming back out again to clear another area over run by ivy. He’s good. Real good.

Since he last worked on my yard he’s done plenty of others, including friends of mine who discovered a 1930’s fire pit they had no idea was in their backyard because it was covered in ivy.

Call Wesley Chapman at 336-978-5737 for clearing of ivy in your yard. Retake your yard!

Below are two shots of a yard he was in the process of clearing. See the difference for yourself:

 

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Caveat Filed in NC Estate

18 Friday Jan 2013

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Estate Caveat attorney North Carolina, sanders law firm charlotte nc, Will Caveat Lawyer NC

This week the attorneys at Sanders Law Firm PLLC filed a Caveat against the Last Will and Testatment filed in an estate. By filing the caveat, which means “beware” in Latin. We are challenging the validity of the will was that was probated with the clerk for the estate. In essence, we believe the will was made with both undue influence, meaning the testator signed while being overly influenced by a party that benefits from the challenged will, and without testamentary capacity, meaning the testator didn’t have the wherewithal to know what he/she was doing when he/she signed the will. The Clerk then executes an order telling the purported executor not to make any distributions, but preserve the assets in the estate until a jury trial.

The next step in the Caveat process is to align the parties into two camps: propounders (supporters of the challenged will) and caveators (those challenging the wills validity).

After that, discovery will commence. Ultimately a jury trial will resolve the issue of the will challenge.

Sanders Law Firm, PLLC 336-724-4707 handles Will Caveat (Will challenges) throughout the state of North Carolina.

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Sanders Law Firm Charlotte NC, Winston-Salem NC, Raleigh NC, Greensboro NC, Will Caveat Lawyer NC, Estate Caveat attorney North Carolina

 

Scattering Ashes in NC, Estate Attorney

08 Tuesday Jan 2013

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estate planning attorney in Winston-Salem NC, scattering ashes in NC, will caveat attorney in Mt Airy NC

Many people ask about how to handle scattering ashes if the cremains are not going to be placed in a memorial site, such as a cemetery.

Regulations governing the scattering of cremains vary according to where you want to spread the remains. Many cities and some counties have their own regulations in addition to statutes. Public parks, including national parks, have their own regulations. These include scattering ashes at sea.

http://www.cremationsolutions.com/Scattering-Ashes-Laws-Regulations-c108.html

The general rule is ashes can be scattered on personal property with the permission of the owner.

There is a book by Mark Harris called Grave Matters that has information about all types of body disposition, including various “green” alternatives, with a wealth of additional sources of information listed for every type of disposition.

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Contact Sanders Law Firm 336-724-4707 for your estate planning or if you have a case involving fiduciary violations such as improper taking of money by a Power of Attorney or Executor of an Estate.

 

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