A white background with the words law group in gold letters.

Why Should I File A Trademark?

JolleyAdmin • October 16, 2019

Is Filing a Trademark Important For A Business?


Although constructive use in the market provides some intellectual property protection, you should look into filing a trademark or service mark if you are or plan to advertise your product or business on the internet or out-of-state. Being the first to use your trademark or service mark gives you rights against others in your state. By the same token, if another business has been using the same business or product name as you in their state, they have rights against you there. However, if you file and receive a federal trademark, then you will have rights against everyone who begins using your name after you receive the mark. So, if you call your product “Tom’s Allstar Product” and there is a “Tom’s Allstar Products” in Colorado that has been operating since 2006, then you and Tom can generally carve out your turf in your own states. However, if “Tom’s Allstar Products” in Colorado had filed for and received a federal trademark in 2006, then Tom could send you a cease and desist letter or sue you for violating his trademark. So it is important to begin using your trademark as soon as you can and to consider filing as soon as you are ready. As an initial matter, of course, it makes good sense to perform a trademark search on your product or business name before you being spending marketing dollars.


Still have additional questions regarding registering a trademark? At Jolley Law Group, we are here to keep you up-to-date and informed about matters important to your business. Contact us for help with corporate documents, compliance, and litigation. We serve those that serve South Carolina.

An elderly couple is sitting on a couch looking at a piece of paper.

Choosing an Agent under Power of Attorney- And an Alternate!

By JolleyAdmin • December 19, 2023
Choosing who will serve as your agent under Power of Attorney may seem obvious at first glance. For instance, a married individual may easily choose their spouse to serve as their agent. Choosing one stable, trustworthy agent to manage your affairs if you cannot do so yourself may seem like a no-brainer, but what about […] The post Choosing an Agent under Power of Attorney- And an Alternate! appeared first on Jolley Law Group.
A man and woman are sitting at a table talking to a woman.

Protecting your Beneficiaries Through Ongoing Trusts

By JolleyAdmin • December 13, 2023
Regarding revocable trusts, one of the most important issues estate planning attorneys deal with is how to distribute assets to beneficiaries at the death of the client. For instance, should assets be distributed outright, in trust until the beneficiary reaches a certain age, or should the beneficiary be protected from themselves or from others? Separate, […] The post Protecting your Beneficiaries Through Ongoing Trusts appeared first on Jolley Law Group.
A group of people are sitting around a table eating food.

Estate Planning Issues for Blended Families

By JolleyAdmin • November 8, 2023
With the divorce rate in the United States approaching 50%, estate planning for blended families is a big part of any estate planning practice. It is common for spouses to have separate children from prior marriages. Most people want to ensure their children receive at least a portion of their assets after death. One concern, […] The post Estate Planning Issues for Blended Families appeared first on Jolley Law Group.
A man with a beard is talking to a woman while holding a clipboard.

Estate Planning with Alzheimer’s

By JolleyAdmin • October 18, 2023
November is Alzheimer’s awareness month. Alzheimer’s is a progressive brain disorder, NOT a normal part of aging. It is caused by brain cell damage and, as it progresses, cognitive ability declines, and simple tasks become troublesome. According to the Alzheimer’s Association, every 65 seconds, someone in the United States develops Alzheimer’s. The Alzheimer’s Foundation reported […] The post Estate Planning with Alzheimer’s appeared first on Jolley Law Group.
A man in a suit is holding a model house in his hand

1031 Exchanges – Defer, Defer, Defer

By JolleyAdmin • August 7, 2023
Tax Free Exchanges of like kind real property used in a trade or business, or for investment, areallowed under to IRC Sec. 1031. Real property generally qualifies as a like kind asset to otherreal property, even if the difference in value or appearance is significant. This technique allowsgrowing companies to move into bigger buildings and […] The post 1031 Exchanges – Defer, Defer, Defer appeared first on Jolley Law Group.
Looking up at skyscrapers with a blue sky in the background

Dissolution of a Corporate Entity: When Legal Proceedings are Necessary

By JolleyAdmin • December 9, 2022
In South Carolina, there are three types of dissolution processes for a corporation: voluntary dissolution, administrative dissolution, and judicial dissolution. Planning ahead can help avoid a situation where court intervention and litigation is required to wind-up your entity and distribute its remaining assets. Voluntary dissolution is the process by which a corporation’s members choose to […] The post Dissolution of a Corporate Entity: When Legal Proceedings are Necessary appeared first on Jolley Law Group.
A man and a woman are sitting at a table looking at a piece of paper.

Important Reminders for Providers’ Professional Review Activities and Civil LiabilityProtections

By JolleyAdmin • October 4, 2022
The National Practitioner Data Bank (NPDB) requires that hospitals and other health care entities report physicians or dentists who have had a professional review action taken against them for more than 30 days. It’s important to be familiar with the rules regarding professional review actions and the impact of the civil liability protection. Here is […] The post Important Reminders for Providers’ Professional Review Activities and Civil LiabilityProtections appeared first on Jolley Law Group.
A close up of a keyboard with a blue search button

Quiet Title Actions in South Carolina

By JolleyAdmin • August 30, 2022
The need to “quiet title” to real property often arises when someone has recently purchased property without the benefit of a title search; for example, when purchasing property at tax sale, in a foreclosure auction, or at an estate sale. Such actions can also arise after an owner runs a title search and learns that […] The post Quiet Title Actions in South Carolina appeared first on Jolley Law Group.
A person is holding a cell phone with a picture of a doctor on it.

Caution to Physicians Regarding Telemedicine Arrangements

By JolleyAdmin • August 18, 2022
Earlier this summer, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) issued a Special Fraud Alert warning physicians and other practitioners to exercise caution when entering into telemedicine arrangements that have certain suspect characteristics. Companies that purported to provide telehealth, telemedicine, or telemarketing services have been known to have exploited […] The post Caution to Physicians Regarding Telemedicine Arrangements appeared first on Jolley Law Group.
A pair of glasses sits on top of a probate court hearing form

What is Probate: A Discussion of Fact v. Fiction

By JolleyAdmin • August 2, 2022
The term “Probate” is a broad term that can often elicit confusion and is misunderstood by individuals when reviewing their estate plan or administering an estate. Simply put, Probate is the process whereby a person’s estate is settled, and it is overseen by the Probate Court in the county where the person was domiciled at […] The post What is Probate: A Discussion of Fact v. Fiction appeared first on Jolley Law Group.
More Posts
Share by: