How an Attorney Can Help You Protect Your Intellectual Property

Whether you’re just launching a new startup or you have been in business for years, protecting your intellectual property (IP) is critical to the success of your business. In the age of technology and a global economy, intellectual property law has become more complex. Having experienced intellectual property lawyers analyze and advise you on how to respond to risk factors surrounding your IP can help you avoid damage to or loss of your brand or product.

Intellectual Property Risks

Intellectual property risks can come from anywhere, including:

• From within your own organization
• From local and global competitors
• From foreign and domestic government entities
• From illegal entities

These are just a few examples of how your intellectual property can be compromised. That is why it is vital to seek the counsel of an attorney who is experienced in intellectual property law to ensure your business is protected from this type of theft.

Types of Intellectual Property

Trademarks

A trademark is a distinctive phrase, word, symbol, logo, or design that distinguishes the products or services of one business from another. While rights in trademarks are acquired by use, registering them with the USPTO entitles you to exercise those rights. Although you can use the ™ symbol to indicate an unregistered trademark, it does not provide legal protection. After your trademark is approved by the USPTO approval, you can legally use the registered trademark symbol ®. An attorney can thoroughly research whether similar trademarks exist and also look into whether an international trademark has already been registered.

Trade Secrets

A trade secret is a confidential formula, process, or device that gives a business an advantage over its competitors. Unfortunately, trade secrets cannot be registered, but well-crafted safeguards such as nondisclosure agreements, restricted access to confidential information, non-compete agreements, and other security practices can help you protect trade secrets.

Copyrights

Copyrights protect original literary and dramatic works, music, art, architectural works, and computer software. Although rights to an original work are inherent as soon as you create it, registering copyright ensures that you have some legal recourse if another person or entity infringes upon your intellectual property.

How A Lawyer Can Help

While having an attorney help you register your intellectual property is important, there is much more involved in making sure it is fully protected. Contract lawyers can advise you on all types of licensing, marketing and advertising issues, franchising, and distribution. If you own a technology company, it is particularly important to make sure you have software licenses and solid service provider agreements in place.

Do you need to make sure your intellectual property is protected? Our experienced team at Carosella & Associates can help.

This blog was originally posted https://carosella.com/how-an-attorney-can-help-you-protect-your-intellectual-property/

Things to Consider When Choosing an Estate Planning Attorney

Proper estate planning is the best way to protect your assets and ensure your family is well taken care of after you’re gone. Finding an estate planning lawyer who is right for you is critical to make sure your intentions are carried out according to your wishes, but you may not know where to start. Considering the following things before choosing an attorney can help make the estate planning process practically painless and give you and your family peace of mind.

Reputation

Although reviews on the internet can be a helpful tool when looking for a lawyer, word of mouth is also a reliable way to learn about an attorney’s reputation. Exceptional estate planning and wills and trusts attorneys are often well known in the communities they serve. Ask friends, family, and coworkers if they have used someone they would recommend. When you talk with an attorney, ask for references from their other clients as well.

Experience

One of the most important factors to consider is how long an attorney has been practicing in estate law and their specific experience. A good rule of thumb is to choose someone with at least five years of experience. Choose someone who is well-versed in creating vital documents like wills, trusts, powers of attorney, and other important estate planning documents. Having a lawyer who is knowledgeable in all aspects of estate planning is essential, especially if you also need help with complex issues like business succession planning. Considering your specific needs and selecting a lawyer whose experience closely matches them can help you find what you are looking for.

Personality

Trust is a bedrock of the attorney-client relationship and estate planning is very personal. Even if an attorney has vast experience in estate planning, if you do not feel comfortable or establish a rapport with them things can go south. It is important to remember that you may be discussing sensitive issues like finances, family conflict, choosing an executor, naming beneficiaries, appointing a guardian for minor children, end-of-life decisions and other important issues. Finding a lawyer with whom you can be open and honest can ensure you are both on the same page.

Cost

Depending on an attorney’s experience, reputation, and work style, fees can vary widely. Before signing any contract or retainer agreement, make sure to ask questions about attorney fees and other possible costs that may be incurred. Being surprised by an exorbitant bill is not something you want to deal with after you’re done with estate planning. When interviewing attorneys, it is also a good idea to ask how often you should update your estate plan and how much it will cost.

Choosing the right attorney may seem daunting, but with a little research and effort, you can find someone who has your best interests in mind. If you need help with wills and trusts, estate planning, or business succession planning, our experienced team at Carosella & Associates can get you on the right track and guide you through the process.

This blog was originally posted https://carosella.com/things-to-consider-when-choosing-an-estate-planning-attorney/

5 Reasons to Consider a Prenuptial Agreement

When you’re about to get married, divorce is most likely the last thing on your mind, but circumstances can change. A prenuptial agreement not only protects your legal and financial interests; it can actually strengthen your relationship and help you work out potential issues before you get married. Here are a few reasons most experienced divorce attorneys recommend creating a prenuptial agreement.

1. It Can Help You Get On the Same Page About Finances

Arguments over money can destroy a marriage. When you’re discussing a prenuptial agreement, you must address certain financial issues, which can tell you a lot about your future spouse’s style when it comes to spending and saving. Having a lawyer involved in the discussion can also keep things from getting heated and help you avoid problems down the road.

2. It Can Safeguard Your Assets and Business

If you have significant assets or have worked hard to build a successful business, the last thing you want is to lose a substantial portion of it in a divorce. A prenup can protect your business so that in the event of a divorce it is not divided or subject to joint control. It may also help shield any partners or shareholders from having to deal with conflict with your spouse if you become incapacitated or pass away. Regardless of whether you’re considering a prenup, one of the best ways to ensure everyone’s interests are protected is to seek the counsel of a business succession planning attorney who can help you create an effective exit plan.

3. It Can Protect Your Children’s Interests

Although an estate lawyer can help you create a plan to protect your beneficiaries, battles over inheritance can easily become contentious. If you have already been married and divorced, a prenup can protect the financial and inheritance rights of your existing children. Prenuptial agreements typically override state law, so even if your family is in conflict having one in place can help them avoid court action or settle disputes more quickly.

4. It Can Address Alimony and Inheritance

When one person earns a much higher income than the other, it can put the spouse who earns less at a disadvantage in a divorce. A prenuptial agreement can outline the specifics of whether one spouse will be responsible for paying spousal support or alimony if the marriage ends. A prenuptial agreement can also address and protect any inheritances either spouse is expected to receive from a loved one during the marriage.

5. It Can Help You Avoid Taking On Your Spouse’s Debt

If you have significantly less debt than your fiancé, a prenup can shield you from taking on a portion of their debt in the event of a divorce. However, prenuptial agreements can be contested in court, so it is critical to have an experienced lawyer review the contract to ensure it is deemed fair in the eyes of the law.

If you’re entering into a marriage and would like to learn more about prenuptial agreements, our West Chester divorce lawyers at Carosella & Associates can help you create a fair agreement that benefits everyone involved.

This blog was originally posted https://carosella.com/5-reasons-to-consider-a-prenuptial-agreement/