Trademark

Intellectual property is a right granted to any person who created awork that is useful to the public. Because intellectual property is apossible source of valuable economic gains, holders of intellectualproperty rights are protected from the possibility of other peopletake economic advantage of the right holder's work. One of the areasof intellectual property is trademark, which refers to the symbol orthe name to signify a product or a service. Trademarks are highlyprotected because they are telling of the quality of certain productsor services, which is often the foundation of any business.

Application for the right to use a trademark is not an easy processthat is left to the hands of the applicant. Trademark law specifiesnumerous requirements, non-compliance of one would result to thedenial of the application. To apply for trademark rights, theapplicant can either: (1) file a mark with the United States Patentand Trademark Office with the intent to use that mark on a product orservice that will be offered to the public, or (2) by actually usingthe mark on a product or for a service.

The timing of the application for trademark right may be the firstbump that trademark rights applicants need to hurdle. Trademark law,which is a federal legislation, provides that the filing date servesas the date of constructive use of the mark. This means that the actof filing creates a nationwide priority of rights in case anotherperson decides to use the same or a confusingly similar mark.Trademark law emphasizes that there must be a bona fide intent to usethe mark for a product or a service to be sold to the public. Withoutthis bona fide intent to use, the application will be deemed invalidand fraudulent and the Trademark Office can impose penalties.Trademark law also requires that the trademark be used within sixmonths after the Trademark Office allows the use of such mark. Thefiling for a trademark right protects the holder from future disputeswhen a similar mark is used for a similar product or service bygiving him right of priority over the mark. In the internationaltrade scene, U.S. trade laws prohibits the entry of goods bearing amark which infringes on a registered mark into the country.

There is research involved in the application for trademark rights asexclusive trademark rights are also granted to those who have usedthe marks even without filing for registration with the TrademarkOffice if the use of such mark is prior to the filing forregistration. This means that when applying for trademark rights, theapplicant must ensure that no one else is using that mark. Ifsomebody else is using that mark before the filing for registration,the application can be denied.

Application for federal registration of a trademark or service markis a tedious process requiring research and review. It is thus a goodidea for applicants to employ the service of an expert trademark lawattorney to handle the legal requirements needed for trademarkregistration so that the applicant can focus on the business aspectof the trademark.

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Family Law - Legal Information and Resources

Family Law

Family law consists of statutes and case decisions that govern the legal duties between and among individuals who share a domestic connection. Family law usually involves parties who are related by blood or marriage, but could also affect parties in more distant relationships. Family law in the United States developed within each state. As a result, American family law varies significantly from one state to another. Despite the differences in family legislation and procedure, new trends in family issues, as well as the federal government's desire to create a uniform system of family law, general principles have become increasingly shared in all states and territories.

Most of the cases involving family law arise from the termination of marriage or romantic relationship. Divorce and annulment are part of family law. Dispute on alimony, child custody, visitation and support accompany divorce and annulment. Divorce is a messy proceeding that requires the expertise of attorneys. Divorce is also a complicated law by itself, especially when it comes to the division of property. Laws on property division greatly from one state to another, thus an attorney handling divorce proceedings must not only be knowledgeable on divorce law, but also on property law. Family law also governs the relationship between two individuals before marriage in the drafting of prenuptial agreements. In prenuptial agreements, which are enforced upon divorce, couples can opt out from a state's default rules on property division, but the terms of prenuptial agreements must still adhere to requirements laid out by the state. In addition to defending a spouse in a divorce proceeding, an attorney also has the capability and knowledge to seek out assets that the other spouse may try to hide from the other spouse so that that property cannot be reached by any order directing the division of such assets.

In addition to divorce, one of the most common issues relating to family law is domestic violence, which does not just involve current or former spouses, but also children and other members of the family. Domestic violence is a criminal offense that is punishable by both fines and incarceration. Domestic violence cases also go through the same process as a criminal case, although, because of the intimate nature of the relationship of the parties, the cases are often emotionally draining. Plaintiffs in domestic violence cases need to hire an expert attorney to, not just argue on family law, but also on criminal law.

Another exhausting litigation relating to family law is child custody. In uncontested cases, child custody may go smoothly. Contested child custody cases are battles, with the parties often already distrustful with each other. When child custody cases arise from domestic violence, the battle becomes more wearisome as the aggrieved party would be zealous to win custody of their children and fight for a protective order against the domestic violence abuser. Child custody cases are also emotionally draining especially for children subject to such proceedings as they need to be present in the trial for the court to determine their best interest.

Another difficult case accompanying child custody would be child support. The determination of how much each parent need to contribute to the rearing of the child is lengthy and may require numerous modifications. The bulk of a family law attorney's responsibility in child support cases would be arguing for their clients in modification proceedings.

Areas of Law