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Tag Archives: sanders law firm charlotte nc

REMINDER: File your NC Secretary of State Annual Minutes before April 15th

01 Friday Mar 2013

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corporate attorney in winston salem nc, sanders law firm charlotte nc

Go to this page:

http://www.secretary.state.nc.us/corporations/CSearch.aspx

type in your company name

Select your company (verify your information on the page you select)

Select “File an Annual Report”

Begin Process. Have Credit Card handy.

This form doesn’t always allow you to enter a company

 

If you print out make sure you enter a telephone number for the company or you’ll be rejected.

 

NOTE: Corporations still need to do Annual Meetings of Shareholders & Directors to maintain corporate formalities. You need that to keep the limited liability corporate shield.

Call Kirk Sanders if you need your annual meetings drafted. It’s not that difficult.

336-724-4707

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Selling on eBay and Payments through Paypal

28 Thursday Feb 2013

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business law attorney in winston-salem nc, sanders law firm charlotte nc, selling on ebay

Thinking of selling a high priced item on eBay? Here are a couple of things to consider:
1) Require that your bidders have a positive eBay history. Example: I listed my classic 1962 MGB on eBay. Some spammer or jokester outbid my topbidder by $100 then tried to scam me. The "top bidder" had no bid history and ruined what would have been a successful listing. I was over my reserve.
2) Payments with Paypal. Note this hasn't been personally verified, but have some disclaimer in your listing that buyer bears the risk of damage during shipping and takes in "as-is" condition. I've heard examples (note not verified) that Paypal process says if product is damaged that the recipient can have their funds returned. How do you handle product being returned? What if Buyer damaged the product? How do you prove? Get insurance for the delivery from the carrier. I also had this occur. Thankfully I had insurance and transferred to a cooperative buyer to recupe.
3) Terms of Sale: Put in your listing your terms (how paid, condition, etc). And give proper disclosure of defects.
4) Receipts & paypal: when I sold an item that was for pick-up only. I had the buyer sign an acknowledgement they received the product and the date and the terms of the sale were completed. In essence a bill of sale. When you mail items, require the purchaser to sign for the delivery.
Good luck.

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

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

 

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