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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Tax Law - Legal Information and Resources

Tax

Tax is the bloodline of the country, and states. It is regulated by the government for the main purpose of increasing revenues. Taxes are assessed by the government upon the value of properties, transactions and licenses. Taxes are also assessed by the government upon the value of the estates of a deceased person and the imposition of duties on imports. Tax law governs legislation, rules and policies that oversee the tax process. There are modes of paying taxes: direct and indirect. Property and income taxes are direct taxes, while sales and service taxes are indirect taxes. There are numerous tax collection and tax enforcement agencies in the federal and state levels. Non-governmental agencies, such as retailers, can also serve as intermediaries who collect taxes and pay these taxes to the government. Tax law is also a complex area of law, and is increasingly becoming difficult because the power of taxation can be used for purposes other than raising revenues.

The U.S. tax code, also known as the Internal Revenue Code, is administered primarily by the Internal Revenue Service. The IRC is complex and provisions must be read in context of the entire Code and the court decisions that interpret it. In addition to the IRC, federal tax laws also include the IRS's proposed regulations, temporary regulations, rulings, private letter rulings, procedures, policy statements, and technical information releases. Also part of federal tax law are the official interpretations of the IRC by the U.S. Department of Treasury. Moreover, federal tax law includes decisions by the federal tax court, which is a special court created to resolve disputes between taxpayers and the IRS. States and local governments also have their separate tax laws, regulations, and court decisions. Decisions by the Tax Court may be appealed to the Federal District Court of Appeals and final review is retained by the Supreme Court.

There are numerous nuances involving tax laws. But knowledge of tax laws are important for both individuals and businesses in the United States as misrepresentation of income or property value to avoid paying the appropriate taxes is a criminal offense and may lead to serious repercussions in the form of huge penalties or imprisonment or both. The federal government strictly enforces tax laws as it has been proven through historical data that tax evasion has caused the government millions of losses per year. It is in this regard that the federal government is overzealous in running after tax evaders, after non-payment of taxes means less funds for public programs.

Tax attorneys perform numerous functions. Tax attorneys provide counsel to individuals and businesses on how to have their incomes and properties properly valued such that they can avoid paying steep taxes, yet avoid being charged with tax evasion. Tax attorneys know the nuances that accompany this specific area of law so they are knowledgeable as to tax exemptions and tax holidays, which can help big businesses stave off millions from their expenditures. Tax attorneys also represent clients from an initial audit to IRS administrative appeals and tax litigation.


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