What is a Trademark?

Trademarks fit into a larger category called Intellectual Property (IP). IP encompasses several areas:

1. Patents
2. Trademarks
3. Copyrights
4. Trade Secrets

So what is a Trademark and why are they important? First, let's talk about the difference between the symbols that we are all familiar with: TM and ®. The TM means that the company or person using the symbol is relying on "common law" to protect their trademark. The ® symbol means that the company or person has federally registered the trademark. So what's the difference:

TM: you only have rights to the trademark where you are actively using the mark. In other words, if I use the term "Bob's Tires" in Utah, I can stop others from using that name in Utah. However, if someone in Nevada started using "Bob's Tires" there would be nothing I could do about it. 

®: Federal registration gives you rights in all 50 states, regardless of whether or not the mark is actually being used in that state. In our example above, I would be able to make the Nevada company stop using that name. 

Because Federal registration conveys rights in all 50 states, filing with them can be very important. If I file for Bob's Tires before the Nevada company starts using the name, I can stop them from ever using it. If I file after they start using the name, I cannot stop them, but I can land-lock them. In other words, they can never expand using that name outside of Nevada. 

Therefore, it is very important to not only file for a trademark, but to know what trademarks exist before you begin your business. I have seen countless examples of people who start businesses without checking the Federal register, dump thousands of dollars into their marketing campaigns, to then just receive a cease and desist letter from the Trademark owner. Searches can be done at the United States Patent & Trademark Office (PTO) at www.uspto.gov, or a lawyer can do a clearance search for you.

The moral of the story? Don't let someone land lock or degrade your business! File Federally with the PTO.  Using a non-lawyer company to initially file may save you a little bit of money, but you'll lose in the long run without the attorney's advice and assistance throughout the year-long process. I have seen more than one trademark get lost and become worthless due to a non-lawyer company (e.g. LegalZoom) filing the trademark and then not being able, legally, to assist the client throughout the rest of the trademark process. 

Whether you are looking to get a trademark, need help responding to a rejection/objection from the trademark office, or would like to enforce a trademark, I can help! I have successfully filed applications, overcome rejections, and have successfully enforced and defended against trademark infringement claims. 

Call or visit our website to schedule a free consultation today: https://www.gurrlaw.com/Appointments.aspx

Why you need an estate plan--and why a lawyer is worth it!

Having an estate plan in place is absolutely essential for EVERYONE! Yes, everyone.

The Young Parent
Young adults often have the misconception that only the elderly need a Will or Trust, but that is simply not the case. Young parents, think about this: what happens if you get in a bad car accident, suffer a stroke, or have cancer? What happens to your kids? Who will take care of them? Will they be able to collect your insurance money as minors? Without a plan, the answer will always require court involvement. Going through the court system is not only more time consuming, but it costs significantly more than a plan, and at a time when the family needs it most--because you aren't there.

Everyone
I have talked with plenty of baby boomers who say, "well, I don't have anything anyway" or "my kids can figure it out after I'm gone" or something similar. Or, many think that buying a do-it-yourself plan or hiring an online company will work fine. While these options might seem like good ideas now (lower cost, easier, no need to find a lawyer, etc.), the long term can have hazardous effects.
In fact, it actually provides good job insurance for attorneys when people use do-it-yourself planning or online companies, because it inevitably leads to probate litigation (which by the way, avoiding it was the whole point of trying to create a plan in advance!).

Why hiring a lawyer is worth it
Most people don't realize that probate is a court process whereby property of the deceased is transferred to the heirs. However, many heirs feel they are entitled to certain property from the decedent, even when they may be wrong, but they are still willing to fight for it. This creates a fight where multiple attorneys will be hired, costing everyone tremendous amounts of money. I have had cases this year where over $20,000/case was paid to lawyers because the siblings fought over property and money. What's worse, they often end up hating each other, and that animosity will probably last for generations. Families are ripped apart because advance planning wasn't done, or wasn't done properly. Trying to save a few dollars to do planning has cost families more than they know.

Maybe before buying that big TV or that smartphone as soon as it comes out, you should take that money and use it to secure not only your future, but your children's as well.

Everyone should have 4 documents:
1. Trust
2. Will
3. Durable Power of Attorney
4. Healthcare Directive

If you don't know what these documents are, or why you need all 4, please click here to visit my website on the topic, or call me at (435) 634-8854

Rob Gurr
Attorney at Gurr Law, PLLC

A little about me and this new blog.

As an entrepreneur at heart, I decided to open my own law office. Since then, I have been able to practice in many areas of the law. Here is a short list of some of the things I've helped clients with:

• Filing patent applications
• Filing, defending, and enforcing trademarks
• Filing copyrights and providing counsel for disputes
• Planning and forming businesses
• Business negotiations and contracts
• Real estate negotiations, contracts, and transactions
• Estate planning (ranging from small estates to multi-million dollar estates that require tax planning)
• Probate
• Various types of litigation (both plaintiff and defense representation)

I have started this blog with the purpose of helping people understand more about the law. For example, I plan on discussing what the garage inventor (small inventor) needs to know about the recent America Invents Act and how it changes U.S. patent law. As another example, Federal estate taxation is going to change this upcoming year (2013), so I plan on discussing the changes that Congress will implement and how they impact estate planning. 

As time goes, I hope this blog will become a useful resource for people from all walks-of-life. 

If you enjoy this blog and it's posts, please share it through your social media accounts.

And as always, if you have a question about the law, please don't hesitate to contact me for a free consultation: (435) 634-8854 or www.gurrlaw.com.