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admin has written 12 posts for The Law Office of Samuel R. Smith, PC

Mark My Words (and Logos).

Can you actually register that fantastic name, logo or slogan that represents a valuable product or service as a trademark and prevent other companies from using that same name, logo or slogan?
Is your mark qualified for federal registration or will the US Patent and Trademark Office (USPTO) deny your application?
Whether a mark is qualified for [...]

Do I Own the Copyright?

Whenever an author or creator fixes his/her original work of authorship in any tangible medium of expression a copyright is born. An original work of authorship includes literary works, lyrics, musical compositions, plays, choreographic works, art and graphics, movies, scripts, sound recordings and architectural works. A copyright protects these works by allowing the [...]

Define Trademark.

The legal definition of a trademark is a word, phrase, graphic, logo or other representation used to distinguish a product or service from others in the market.  An example of a trademark is the apple icon that represents the iPod, iPhone, Mac and other products of Apple, Inc.

Do Copyright Laws Affect Me?

The Federal Copyright Act of 1976 is the federal law that provides authors, artists, creators and programmers with the property rights to exclusive use and control over their creations.  Copyright laws affect anyone who writes, draws, programs, films, photographs, composes or otherwise creates literary, musical, dramatic, artistic or creative works in a tangible medium of [...]

Copyright, Copyright Where For Art Thou Copyright?

The legal definition of copyright is a right of control over the use of an original work of authorship.  A copyright secures to its owner the property rights of the work.  These property rights include the right to reproduce, display, distribute, perform, and/or adapt the work.

Basics of an Enforceable Contract

Contracts are a fundamental part of our economy.  Every time you buy something from a grocery store or a department store you are entering into a contract.  You don’t have to sign a piece of paper to enter into a valid and fully enforceable contract.  Some contracts can be oral while others must be reduced [...]

Should You Hire A Lawyer to Draft Your Will?

In the age of information with tools like the internet it is very easy to find data and forms that will help you draft your own will.  Recently, Kiplinger published a quiz to help people finds ways in which to save money.  One of the questions is whether you should save money by drafting a [...]

Naming Minor Children as Beneficiaries of Life Insurance

One way to provide a significant asset for your family is by purchasing life insurance. Many employers provide some life insurance as a benefit of employment. Additionally, you have the option of purchasing life insurance separately to augment the total payout after your death. Term life insurance can be relatively cheap. [...]

What Is A Will And Do I Need One?

Many people wonder if their loved ones will be taken care of after they die. It is not necessarily a pleasant thing to think about your own death. However, for planning purposes it is essential to think about the future of those you leave behind. One of the ways to ensure that your wishes are fulfilled after you die is to have a will (aka, last will and testament).

Understanding The Difference Between C Corporations And S Corporations

Based on many financial and technical factors, corporations are categorized into different types. Of these categories, two key types of organizations are ‘C Corporations’ and ‘S Corporations.’ A ‘C Corporation’ or a ‘C-Corp’ is a corporation that qualifies for the taxes under the Sub chapter C of the Internal Revenue Code of the Internal Revenue [...]

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