Today’s post contains two quick tips, and they are both about federal trademarks. The first tip is that the United States Patent and Trademark Office (“USPTO”) does not babysit trademarks. The USPTO has very recently started sending out trademark maintenance reminders, but the trademark applicant/owner is ultimately responsible for keeping track of deadlines, including maintenance deadlines. Trademark owners should not […]
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Quick Business Tip: Follow Your Management Directive
The operation of your limited liability entity is generally governed by two things: the statutes in your state pertaining to your type of entity, and your own management directive (e.g., partnership agreement, bylaws, or operating agreement, depending on the type of entity). State statutes contain requirements for the formation, operation, and dissolution of limited liability entities. See, […]
Read More“Creating” Independent Contractors with Independent Contractor Agreements: It Doesn’t Work That Way
We need to clear up a serious misconception about independent contractors. What many business owners fail to understand is that there is no magic formula for “creating” independent contractors. You, as a business owner and an employer, cannot magically turn employees into contractors. Your attorney also cannot magically turn employees into contractors. What we are trying to tell […]
Read MoreQuick Business Tip: Use Your Business Name Correctly
Are you using your business name correctly? In Colorado, you always need to use either i) the full name of your business, including the part(s) that designate you as a limited liability entity; or ii) a trade name that has been registered with the Secretary of State. First, remember that most names have identifiers in them that […]
Read MoreBusiness Structures Cheat Sheet
This post is adapted from a short presentation Annmarie Cording gave regarding business structures in Colorado. If you ever have any questions about business structures, speak to an attorney licensed to practice in your state. 1) Sole Proprietorship: unregistered business, owned and run by one person Liability protection: none, owner is responsible for all business […]
Read MoreWhat Happens if you Die Without a Will?
By now, most people have heard the shocking news that Prince died without a will. This is shocking because Prince was famous, his estate is worth hundreds of millions of dollars and, without any estate plan, his estate is going to end up paying many, many millions of dollars in estate taxes. But this article […]
Read MoreThe Very Basics of Trade Secret, Part 2
In The Very Basics of Trade Secret, Part 1, I talked about trade secrets and how they compare to other types of IP. In this post, I provide some suggestions for protecting your trade secrets: 1) Identify your trade secrets and mark them “CONFIDENTIAL.” Don’t expect personnel and third parties to know something is confidential without […]
Read MoreThe Very Basics of Estate Planning, Part 2
This is Part 2 of the post, “Why Your Small Business Needs the Corporate Formalities.” This post is adapted from a short presentation Annmarie Cording gave regarding estate planning in Colorado. If you ever have any questions about estate planning, speak to an attorney licensed to practice in your state. IV. Bad Reasons to Start Estate Planning You want […]
Read MoreThe Very Basics of Trade Secret, Part 1
Small businesses are often strongly encouraged to obtain copyrights, trademarks, and patents. There can be a lot of pressure from the small business community to fill your intellectual property portfolio with these types of intellectual property (IP). Often, the perception is that you need copyrights, trademarks, and patents to make your company valuable. While these […]
Read MoreThe Law Offices of Randall M. Weiner Sponsors Benefit for the Nomad Playhouse
The Law Offices of Randall M. Weiner was pleased to be a sponsor of a bluegrass benefit concert for the Nomad Playhouse in Boulder, Colorado on September 17, 2016. The Nomad is owned by Tara Performing Arts High School. Tara is committed to reviving the Nomad’s legacy as a lively community cultural center in North […]
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