Today I want to discuss a very good question that I was asked by a potential client: “Why should I pay you to handle this when I can do it myself?” That’s a great question that is perhaps too easily dismissed by reciting the old canard: “a person who represents himself has a fool for a client.” Of course you can file your own trademark application. The USPTO has great on-line tools, they accept all major credit cards, and a reasonably intelligent person could crawl through the menu and have an application on file in a very short period of time. As Emeril would say: “Bam!” You do not need a lawyer for that. But, there is much more to it than the mechanics of e-filing. Here is a non-inclusive list of reasons to use a trademark lawyer.

Cell phones and smart phones are here to stay and we love them!

Cash Flow - The Pulse of Your Business

Unfortunately, many small business owners do not fully understand their cash flow statement. This is shocking, given that all businesses essentially run on cash, and cash flow is the lifeblood of your business.

Some business experts even say that a healthy cash flow is more important than your business's ability to deliver its goods and services! That's hard to swallow, but consider this: if you fail to satisfy a customer and lose that customer's business, you can always work harder to please the next customer. But if you fail to have enough cash to pay your suppliers, creditors, or employees, you're out of business!

Ever notice all the music around you?

It’s played in grocery stores, restaurants, elevators, doctors’ offices, nail salons, car dealerships, gas stations (yes, while you are pumping gas), business offices and even the parking lots!

 To Deduct or Not Deduct, That is the Question!

What determines a bully?  Bullies purposely try to make people feel uncomfortable OR purposely put people down.

Some also have a habit of keeping you in a state of “psychological emergency.” This makes them feel important by continually keeping you in a scrambling mode.

You are constantly walking on eggshells around them and they love it.  This is one of the worst forms of bullying.

A client came to me with a classic trademark problem. She had looked at the PTO web site and had not found a mark identical to hers so she filed the application. But the Examining Attorney rejected it because he thought it was “merely descriptive” of the goods. She asked me what I thought and what it would cost to challenge it.

I took a deep breath and suggested that she save the money because the Examining Attorney was right and the likelihood of overturning the decision was remote. Here’s why:

Clients ask me this question regularly.  Sometimes it is for an application they filed themselves.  Other times it is for an application that I filed for them (which can be somewhat embarrassing to explain.)  The general answer is the subject this week’s blog.

A trademark application must clear two hurdles at the United States Patent and Trademark Office.  First it must be approved by an attorney in the Trademark Office (called an “Examining Attorney”).  If it clears that hurdle it must survive the thirty-day publication and opposition period without being opposed by someone.  (And if it is opposed the Applicant must win or settle that proceeding).

Whether it is sewing, woodworking, fishing, gardening, stamp or coin collecting, millions of Americans participate in hobbies that may result in a profit. What are the tax implications of a hobby? When does a hobby become a business and how does that change the tax implications?