Starting a business, in one way or another, requires capital.  Some people take on loans or sell property to come up with a reasonable amount that can jumpstart their business. Some people fail to realize that along with starting a business, they need hire a business lawyer Tigard to protect their businesses.  Although there are prospective gains in a business, running it is a complicated matter. A business lawyer Tigard will be able to recommend some strategies to strengthen the framework of the business.  There are laws pertaining to running a business in a state and the business lawyer Tigard will be able to look into every detail and check the compliance of the business to different legal provisions. A business lawyer Tigard knows that there are legal ramifications when businesses fail to satisfy requirements.  The business lawyer Tigard will look at the best interest of the client.

One of the fears of business owners in getting a business lawyer Tigard is the legal fee.  A business owner must realize that getting a business lawyer Tigard will save the business in the long run. Contracts, leases and agreements should be read with hawk’s eyes A trusted business lawyer Tigard can check the fine print and point out the unfavorable provisions to the business owner. The keen attention to details of the business lawyer Tigard can give the business owner peace of mind knowing that there is another person who focused on keeping the business out of trouble.

One can find good business lawyer Tigard from the Peak Law Group. Their business lawyer Tigard is exposed to different types of businesses that they can quick detect agreements that are unfavorable to the client.  Those who worry about lawyer’s fees of a business lawyer Tigard can request for different payment options. To understand the different services offered by a business lawyer Tigard, visit www.peaklawgroup.com.

Many worry that legal fees may put them in a huge debt. Contrary to that popular belief, a business lawyer Portland will be able to save you money in the long run. Through the expertise of a business lawyer Portland, getting into agreements with another party that puts you in a disadvantage will be avoided. There are things that you might overlook that a business lawyer Portland will be able to detect and prevent you from incurring further damage in your business.  In particular, franchise agreements can put businesses into impossible sales targets. A business lawyer Portland will be able to help business owners to assess the viability of certain agreements.  In the long run, a business lawyer Portland is a necessity and the value a business lawyer Portland put into you business is priceless.  You will have the peace of mind knowing that a business lawyer Portland is there to protect your interests.

To find a business lawyer Portland to oversee you legal requirements and agreements, the Peak Law Group is able to guide you through your business lawyer Portland.  If you worry of the fees of an excellent business lawyer Portland, the Peak Law Group can give you flexible payment terms. For more information on the business lawyer Portland, visit www.peaklawgroup.com.

Having a franchise may not be as a simple as one thinks. Peak Law Group will be able to guide you in that process by assigning a business attorney Portland that has the expertise to manage your franchise requirements.  With Peak Law group, their business attorney Portland is affordable.  You can breathe easy with your franchise because their business attorney Portland brings value to the table by giving your flexible terms with their fees.  Many franchisees are truly satisfied of the services of their business attorney Portland. For more information on their business attorney Portland, visit www.peaklawgroup.com.

For those living in the Portland, Oregon area, trademark attorney can be sought from the Peak Law Group.  Trademark attorney in Portland will be able to protect copyright infringement and intellectual property rights violation associated with certain brands.  Business may not see the importance of a trademark attorney in Portland at the start of the business.

However, it is important to have a Trademark attorney in Portland on board before business becomes popular.  Visit www.peaklawgroup.com to find the trademark attorney in Portland who can make your business strong and solid.

When going through this franchise attorney in Beaverton, you will be rather satisfied with all of the perks. For instance, this franchise attorney in Beaverton offers flat rates. This means you will pay by the job. They also offer free consultations. You will be able to see what this company is all about without having to pay anything out of pocket.

Another thing this franchise attorney in Beaverton offers is flexible meeting arrangements. Their attorneys will meet with you at any of their satellite offices, throughout the United States and all around the world.

There are no hidden charges when going through this attorney. You will be asked to approve anything that you will be charged for. Overall, this is a great franchise attorney to go with. So next time you are looking for a franchise attorney keep Peak Law Group in mind!

Not necessarily.  A company properly organized and authorized to do business in the state of Oregon under the name “Greg’s Gadgets” does not necessarily have the right to sell goods and services using that name.  To better understand how this could be, a few definitions and some background are needed.

Trademark.  A trademark is any word, name, symbol, device, or combination thereof adopted and used or intended for use in commerce to identify and distinguish goods from those goods manufactured or sold by others. Some examples are Nike for sports apparel, Gatorade for beverages, and Microsoft for software.  The primary purpose of trademarks is to prevent consumers from becoming confused about the source or origin of a product.  Trademarks help consumers answer the question:  ”Who makes this product?”  A trademark also gives some assurance of consistency of quality.  Consumers expect that every product sold under a trademark is of like quality.

Service Mark.  A service mark is any word, name, symbol, device, or combination thereof adopted and used or intended for use in commerce to identify and distinguish services from the services of others. Some familiar service marks are:  Amazon.com (retail website), Jack in the Box (fast food service), Kinko’s (photocopying service), Blockbuster (video rental service), CBS’s stylized eye in a circle (television network service), and the FedEx logo (delivery services).  However, there is no legal distinction between a trademark and a service mark and they confer the same rights.

Trade Name.  A trade name is the name under which a company does business.  A company may use a trade name for banking, billing, identification (e.g., yellow pages) and tax purposes, among others.  There are two types of names a company may use for these purposes:  (a) the name provided with the state upon registration as an entity, and (b) an assumed business name (“ABN”), which must be registered with the state separately.

Trademarks identify goods; service marks identify services; and trade names identify businesses.  In practice however, these distinctions and the laws that govern them are not always clear.  The confusion is made still worse because a single word can often be both a trade name (Intel being short for Intel Corporation) and a trademark when used to identify the source of goods and services (Intel Inside).  Starbucks, Hilton, and Coca-Cola are all examples of trade names that also act as trademarks or service marks.

(Check out Part 2 where we will discuss the different types of trademark protection available)

Disclaimer: The information provided in this article is for general information purposes only and should not be construed as specific legal advice.  The application of any matter discussed in this article to anyone’s particular situation requires knowledge and analysis of the specific facts involved.

Contact the Portland Attorneys at Peak Law Group for more information.

The trademark symbol ^TM or service mark symbol ^SM may be used by anyone to alert the public that the name or symbol is claimed as a trademark or service mark.  These marks merely indicate that the user thinks he has a trademark or service mark.  The ® indicates a registered trademark, and can only be used after a trademark registration is received from the USPTO.

Another benefit is that your trademark becomes visible.  When others are conducting searches to decide what trademark to adopt, one of the databases that can be searched is state registrations.  If your registration shows up in someone’s search, they may be persuaded to use a different mark.  Registration in Oregon will not protect you from infringement claims by a possessor of a similar trade name, trademark or service mark (common law or registered).

Disclaimer: The information provided in this article is for general information purposes only and should not be construed as specific legal advice.  The application of any matter discussed in this article to anyone’s particular situation requires knowledge and analysis of the specific facts involved.

Contact the Portland Attorneys at Peak Law Group for more information.

The company guarantees that you will get a small business grant or your money back.  For a fee of $30 – $50 you get a subscription to a grants database or a grant package with information on how to write a grant proposal and a list of government agencies that provide business grants.

You pay the fee and you may (or may not) get information. However, the government agencies listed do not actually provide grants to help start or expand a business.   In fact, you’ll probably find it difficult getting your money back, and you could lose more than your initial investment if you’ve signed up for a subscription with a credit or debit card.

Economic Stimulus Grants

The recent Economic Stimulus package signed by President Obama has created a whole new class of scam sites offering information on stimulus grants for individuals and small businesses.  These sites are particularly preying on small business owners who are struggling to stay in business and in search for money to keep them afloat.  As tempting as it may be to explore these programs offering free stimulus money, you will be wasting your money by signing up with one of these websites. There is no money in the stimulus package for sending individual checks to small business owners.

Contrary to what you may read, the government does not secretly give away excess budget money to individuals in the form of grants.  There is no secret door with free money behind it.

Grant Information is Free

Government agencies publish grant information on the web, and make it accessible for free.  You do not need to pay anyone to access grant information.  Grant information is easily accessible by visiting agency websites, searching on your favorite web search engine, or using one of these databases:

• Business.gov’s Loans and Grants Search Engine (http://search.business.gov/startLoans.html) provides legitimate small business loans and grant programs (when available) for which you might qualify.  Currently, this tool contains mostly loan programs, but it is continuously being updated, and relevant grant programs are added when identified.
• Grants.gov (http://www.grants.gov/ ) is a database of federal grants, most of which are available to non-profits, cooperatives, other government agencies, and academic institutions.  Grants.gov is the one-stop resource for finding grants offered by federal agencies.  Some grant programs do allow eligible for-profit entities to compete for grant money; however, these are highly specialized programs, such as specialty crop research.  However, you won’t find small business grants for starting a business, paying off debt or otherwise help for running your business.

The Bottom Line

The bottom line is that federal and state agencies do not provide small business grants for starting a business, paying off debt, or to cover operating expenses.  However, government agencies do provide guarantees on low-interest loans for these purposes.  You can use the Loans and Grants Search Engine to find programs for which you may be eligible.

For more information on government grants, visit the following resources:

• Free Government Grants’ : Don’t Take Them For Grant-ed(http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt134.shtm) Federal Trade Commission
• Government Grant Telemarketing Scams (http://www.ftc.gov/bcp/edu/microsites/phonefraud/government.shtml) Federal Trade Commission
• Grant Companies Exploit Confusion over Stimulus Bill to Rip Off Consumers (http://www.bbb.org/us/article/9363 ) Better Business Bureau

If you have paid money to a grant website and feel you have been the victim of a scam, you can contact the Better Business Bureau (http://www.bbb.org/us/), Oregon Department of Justice Consumer Complaint page (http://www.doj.state.or.us/finfraud/index.shtml), or the Federal Trade Commission Consumer Complaint page (https://www.ftccomplaintassistant.gov ).

Disclaimer: The information provided in this article is for general information purposes only and should not be construed as specific legal advice.  The application of any matter discussed in this article to anyone’s particular situation requires knowledge and analysis of the specific facts involved.

Contact the Portland Attorneys at Peak Law Group for more information.

Domain names pose a specific challenge not only because of the host of options to choose from (e.g. .com, .net, .org, .biz, .info), but because some domain names are protectable under trademark law while others may infringe on the legitimate rights of trademark owners. It is important to understand that obtaining or using a domain name (1) is not a substitute for securing trademark rights (which is usually accomplished by a combination of actual use of the mark in commerce and federal registration) and (2) does not, in and of itself, create or establish any trademark rights merely by its use as an Internet address. The federal trademark and domain name registration systems exist independently with no cross-checking of the other database prior to registration. Moreover, a trademark owner does not have an absolute right to a domain name consisting of its mark, in whole or in part.

Dangers of Trademark Infringement Involving a Domain Name.

Unfortunately, the above scenario occurs far too often to domain name owners. The cease and desist letter alleging trademark infringement should be taken very seriously. Because trademark owners have a duty to protect their marks and to take appropriate action to prevent others from infringing on their marks, more often than not the trademark owner who sends a cease and desist letter intends to follow it with an infringement lawsuit unless the alleged infringer concedes to the trademark owner’s demands.

If you obtain a domain name that is identical or similar to a trademark or service mark that you do not own, you may be the defendant in a lawsuit brought under the Anticybersquatting Consumer Protection Act or an arbitration procedure brought under the Internet Corporation for Assigned Names and Numbers Uniform Dispute Resolution Policy (“UDRP”). Defending a cybersquatting lawsuit or UDRP arbitration can be very expensive, especially if you lose. The good news, however, is that there are steps you can take before acquiring a domain name to reduce and possibly eliminate the risk of trademark infringement arising from your use of a domain name.

Avoid Acquiring a Domain Name that Infringes a Trademark.

A prospective domain name owner can substantially reduce the risk that a desired domain name will infringe on a trademark by doing proper due diligence before investing the time and money in registering the domain name. You should never register or purchase a domain name without first investigating if the desired domain name is identical or similar to an existing trademark or service mark. The following is a list of the things you can and should do before you acquire a domain name to investigate possible trademark infringement problems.

1. Do a search on several popular search engines (such as Google) to determine if the desired domain name is being used as a business trade name or the name of any goods or services. Review all links that look like they could contain your desired domain name used as a business name (trade name) or the name of goods or services. If you find a business or any goods or services that are identical or similar to your desired domain name, you should probably seek another domain name.

2. Do a search at Whois.net to see if there are any domain names that use domain names that are identical or similar to your desired domain name or that contain identical or similar text. If you find a trade name or any goods or services that use your desired domain name, you should probably seek another domain name.

3. Do a search of the United States Patent & Trademark Office database called the Trademark Electronic Search System (TESS). TESS contains all federally registered trademarks and services marks, all previously filed, but dead or abandoned trademarks and service marks, and all pending applications for trademark registration.

4. Hire a reputable search firm to do a national trademark, service mark, trade name and domain name search for you. A good search by a capable search firm will do a comprehensive search of these four important categories and give you a written report of the results. If the search results show that there are any identical or similar trademarks, service marks, trade names or domain names, you should seriously consider seeking another domain name.

As an alternative, you can hire a trademark attorney to perform steps 1 through 4 for you. Frequently the question of whether a possible domain name will infringe on another person’s trademark is not obvious and requires knowledge and interpretation of trademark law. It is possible that in some cases a desired domain name will not infringe on another trademark or service mark even if steps 1 through 4 all find identical or similar marks. Whether there is an infringement problem usually depends on the facts and circumstances of each potential domain name and an experienced trademark attorney should be able to tell the difference.

There are many issues to consider when considering registering a domain name and possible trademark infringement should be one of the main ones. By taking some preemptive action, you can avoid being the recipient of a cease and desist letter alleging trademark infringement. A relatively small upfront investment could prevent you from having a very large legal bill defending a trademark infringement lawsuit or arbitration proceeding.

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Disclaimer: The information provided in this article is for general information purposes only and should not be construed as specific legal advice. The application of any matter discussed in this article to anyone’s particular situation requires knowledge and analysis of the specific facts involved.

Contact the Portland Attorneys at Peak Law Group for more information.

Whether you are starting a business, taking on employees for the first time, or evolving your business structure, there are many variables that determine the right insurance for your small business, including your business structure, business activities, location, whether or not you hire employees, and so on.

Most of the information published in the public domain comes directly from those with the greatest amount of vested interest – the insurance companies and their agents. So it’s no surprise that navigating the maze of small business insurance laws and best practices can be confusing.

There are two fundamental types of insurance – commercial business insurance, which is not necessarily required by law, and employer insurance, which is.  Below is a summary of the types of insurance you may wish to consider to protect your assets and investments, as well as the insurance requirements you must comply with as an employer.

Types of Commercial Business Insurance

This section covers the types of insurance policies available to you as a small business owner.  Although not necessarily required by law, you would be wise to purchase enough business insurance to protect your assets against events such as the death of a partner, a natural disaster, or lawsuit.

It’s a common misconception to think that structuring your business as a corporation or LLC limits the need for business insurance.  While these business structures do protect the personal assets of the owner from business liabilities, relying on business structure alone to protect your assets is not a substitute for liability insurance, which covers your business from losses.

It’s also important to know that, in certain instances, state law may require that your particular business activity is covered by some form of insurance.  For example, if you use a car or truck for business purposes, Oregon requires that you purchase commercial auto insurance for its use.  Refer to the Oregon Insurance Division (http://www.cbs.state.or.us/external/ins/
consumer/consumer.html) for more information about what insurance is required in Oregon.

Here is a summary of the kinds of business insurance policies to consider for your small business:

• General Liability Insurance – This insurance broadly covers and provides protection against the legal hassles associated with accidents, injuries and claims of negligence.

• Product Liability Insurance – If you manufacture, wholesale, distribute and retail a product, this insurance protects against financial loss as a result of a product defect that can cause injury.

• Professional Liability Insurance – If you provide a service to a customer, this insurance can protect against malpractice, errors, and negligence in the provision of those services to your customers.  Oregon requires certain professions (e.g. physicians and attorneys) to carry such a policy.

• Commercial Property Insurance – This covers everything related to the loss and damage of company property due to a wide variety of events such as fire, smoke, severe weather, vandalism, etc.  The definition of “property” is broad, and includes lost income, business interruption, buildings, computers, company papers and money.  This is definitely one you should talk to an insurance expert about to understand your specific needs.

• Home-Based Business Insurance – Contrary to popular belief, homeowners’ insurance policies do not generally cover home-based business losses.  Depending on risks to your business, you may add riders to your homeowners’ policy to cover normal business risks such as property damage.  However, homeowners policies only go so far in covering home-based businesses and you may need to purchase additional policies to cover other risks, such as general and professional liability.

Since there are such a wide variety of insurance policies available, always discuss your individual business insurance needs with an insurance agent or broker.

Insurance Requirements for Employers

If your small business hires employees, you are required by state law to pay for certain types of insurance. Here is a breakdown of the three key employee insurance requirements:

• Workers Compensation Insurance – In general, Oregon businesses with employees are required to carry Workers’ Compensation Insurance coverage.  However, some workers don’t have to be covered by workers’ compensation, even if they are employees (i.e. sole proprietor, limited liability company members, etc.).  Visit the Oregon Workers’ Compensation Division page (http://www.cbs.state.or.us/wcd/communications/
  emp_info.html) for more information.

• Unemployment Insurance Tax – If you have employees you are required to pay unemployment insurance taxes.  Employers need to register with the Oregon Employment Department by completing and sending a Combined Employer’s Registration to the Oregon Department of Revenue.  Check the Employer’s Handbook provided by the Oregon Department of Employment (http://www.oregon.gov/EMPLOY/
  TAX/docs/EDPub117.pdf) for more information.

• Disability Insurance - In the U.S., it is mandatory to purchase disability insurance only if your business is in one of six locations – California, Hawaii, New Jersey, New York, Puerto Rico and Rhode Island.  If your business is located elsewhere, the law does not require you to purchase disability insurance for your employees; however it can be purchased and provided as part of an “employee benefit” scheme to your employees through commercial insurance companies.

Insurance coverage is available for every conceivable risk your business might face.  Cost and amount of coverage of policies vary among insurers.  You should discuss your specific business risks and the types of insurance available with your insurance agent or broker.  Your agency can advise you on the exact types of insurance you should consider purchasing.

Disclaimer: The information provided in this article is for general information purposes only and should not be construed as specific legal advice.  The application of any matter discussed in this article to anyone’s particular situation requires knowledge and analysis of the specific facts involved.

Copyright © 2009, Peak Law Group LLC
ALL RIGHTS RESERVED

Contact the Portland Attorneys at Peak Law Group for more information.