The Law Office of Biana Borukhovich, PLLC

What Does a Trademark Attorney Do?

Trademarks are aa vital aspect of doing business, no matter what industry you might be working in. the most important aspects of any trademark attorney have got to be their ability to perform these three vital activities, includes:

Bulletproofing Your Brand

Create copyright language next to your company’s name and more so there aren’t any more issues that can occur, as well as you have legal standing for your “brand”.

Defend and Enforce Your Rights.

Make it easier to sue those who steal your mark, as well as for you to take legal issues against some of those individuals.

Stop Copycats.

Own the exclusive rights to your brand names, slogans, and logos – while also preventing others from using it.

What Can Be Trademark?

Nearly anything and everything can almost be trademarked, - including things like a name or brand name, a logo, a slogan, and much more. In addition, there are a number of different things that cannot be copyrighted, such as the following. A song, book, film, or other original creative work. Get a copyright instead. An invention like a technical process, machine, manufactured good, or chemical formula. Look into a patent. An idea. (It needs to be tangible).

We offer a full range of trademark, copyright and patent services to entrepreneurs, established businesses and other attorneys (on behalf of their clients). We can assist clients from all 50 states and from countries around the world.

Our services include:

✓ Trademark Clearance Searches
✓ Trademark Application Preparation
✓ Office Action Responses
✓ Trademark Monitoring
✓ Trademark Change of Ownership
✓ Trademark Portfolio Management
✓ Trademark Renewal Filings
✓ Trademark Opposition Proceedings
✓ Trademark Cancellation Proceedings
✓ Trademark Litigation
✓ Copyright Applications
✓ Patent Clearance Searches
✓ Patent Applications

For more information on anything, be sure to contact us today.

Business Contracts
What Exactly is a Business Contract?

A business contract is an agreement in which each party agrees to an exchange, typically involving money, goods, or services. Business contracts protect both buyers and sellers, by reducing agreements to writing. The contract can be as long or short as necessary in order to cover the important details of the contract.

In most cases, Business Contracts require the following:

✓ An Initial Offer
✓ Acceptance of the Offer
✓ Office Action Responses
✓ Consideration
✓ A discussion between both sides, deciding upon the points of the contract itself.

Contracts are legally binding on the parties who sign them. In business, contracts are typically either sales agreements, for the sale of goods, or service agreements, for the sale of services. An offer is the basis for the contract. For example, “I will provide cleaning services for your business at $40 an hour” is an offer. When the business owner says, in effect, “I will pay $40 an hour for your cleaning services” that is an acceptance of the offer. Consideration is the exchange, in this case, of money for services. Both parties must agree to the terms of the offer and acceptance. If the business owner says, instead, “I will pay you $35 an hour for your cleaning service,” this is a counter offer. In this example, there is not yet a meeting of the minds, and therefore no contract. Reducing agreements to writing is not always required for a legally binding business contract, however, when agreements are not reduced to writing, some confusion may occur. Consequently, it is best to write out the agreement.

Servicing Agreements

Service agreements are business contracts used when one is selling a service. The service agreement provides necessary details, such as the service provided, the timeline in which the service will be provided, the cost of the service, when payment is due, and other details necessary to cover the agreement between the parties.

Sales Agreements

When one is engaged in selling goods, a business contract called a sales agreement is used. The sales agreement details the agreement between the parties. It likely includes the item sold, the purchase price for the item, and the number of items the buyer will purchase. It may also include the date the items will be delivered, how they will be delivered, and when payment is due.

What Happens without a Business Contract?

When you have a business contract reduced to writing, you have a clear road map detailing what you and the other party to the contract agreed to. Because contracts are legally binding, if the other party fails to meet their obligations, you have the right to legal recourse. Imagine, for example, your business sells cleaning services. You contract with a business to clean their building nightly, at a rate of $40 an hour per employee. You provide two employees, who take 2 hours to complete the job. In your mind, you are owed $160 per night. But then the business owner recalls the $40 per hour part of the agreement, and disputes that the agreement was for $40 per employee. Rather, the business owner maintains they own you $80. Without a written service agreement, you may have a more difficult time proving your version of events was correct. Similarly, if you engage in an agreement to purchase goods, such as janitorial supplies for your business, without a written agreement, you may find yourself in a position you didn’t anticipate.

For example, if you order cleaning supplies, at a cost of $250. Based on your business plan and current clientele, you anticipate these supplies will last you three months. However, one month after the first order, a second shipment of cleaning supplies arrives. The seller of the supplies insists you agreed to a monthly purchase of $250 in cleaning supplies. You recall an agreement to order supplies on an as needed basis. Without a written sales agreement, the details of the sale remain would more likely remain in dispute. The absence of written service agreements and sales agreements has led to many disagreements. This can lead to lost business and ill will. In some cases, if the contract is not in writing, it is not enforceable – even if there is no dispute over the terms. Most states have adopted the Uniform Commercial Code (UCC) which requires all contracts must be in writing, if they contract lasts more than one year. For more information on all there is to know about business contracts, be sure to contact us today.