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I developed a point of sale software that is currently being used by several retailers. I have a unique name for the software that I want to trademark, and I've verified that the name is not being used anywhere. I own the software code. Can I trademark the name, and if so, what is the process... View More 
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answered on Apr 16, 2025
When you ask the question of whether you can trademark your mark, their are two basic criteria that must be met. The first is that enforceable trademark rights are limited to bona fide uses that reflect commercial use. This means that you must be using, or intend to use your proposed mark in... View More
I'm frustrated with a daycare's policy of charging a full monthly fee even when they are closed for holidays, spring break, Christmas break, random "professional development" days, and a three-week summer break. In December, for example, they are only open for two weeks, which... View More
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answered on Apr 4, 2025
Typically this will be spelled out in any contract you have with the daycare, so my first suggestion to you is to look there. If the contract says they do not charge for those days but they are charging (or have charged) you, you have a basis to complain and perhaps even get any monies paid in... View More
I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More
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answered on Apr 3, 2025
Under Oregon law, any person who has custody of a will is required to deliver it to the court with jurisdiction over the estate or to the personal representative named in the will within 30 days of learning of the testator's death. This ensures that wills are properly filed and accessible for... View More
I am considering signing a settlement agreement with a mechanic company after claiming damages caused during a service repair on my vehicle. The mechanic misplaced the jack stand, which resulted in the door needing replacement. Based on the evidence I submitted and a final demand for payment, I... View More
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answered on Mar 24, 2025
Signing an agreement that voids any warranty could cause you to lose any rights you may have otherwise have had under Oregon law. I am not sure what the jack stand and door incident has to do with the work on the axle or the rationale for voiding the warranty, but I would question why that is. They... View More
the initial 5 year term. It has now gone thru its 2nd 5 year term and is currently in its 3rd five year term. I requested to terminate the contract. I was told that I could only terminate it with notification at the end of a five year term. I gave written notice recently. Do these contracts run in... View More
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answered on Dec 19, 2024
Contracts generally do not run in perpetuity, but they can control the manner and timeframe for termination. As long as the contract is legally binding, you would have to terminate in accordance with the terms of the agreement you signed.
If this contract is governed under the laws of... View More
Clarification - Wed., August 28, Signed Contract, Thurs., August 29, Signed Addendum for financing. Signed papers to NOT go through with purchase on Tuesday, Sept. 3. Friday and Saturday count, Sunday does not count, Monday doesn't count because it's a National Holiday. When does the 3... View More
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answered on Sep 6, 2024
I am providing a qualified piece of information here because you have not specified what type of contract it is (Home purchase, condominium purchase, car purchase, something else?).
Assuming this is a home purchase you speak of, Oregon generally provides for the right of rescission on a... View More
Oregon. Hypothetical. There are signs posted that the store is not responsible for lost or stolen items. If an employee were to agree to watch over a customer's items and the items are stolen, can the store be held accountable and potentially sued?
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answered on May 29, 2024
If the store was negligent for failing to properly train and supervise its' employees, or not implementing adequate policies to secure the customer's belongings, that store could face liability. Generally, the store will be liable if the employee's actions were within the scope of... View More
I am looking for some direction on how to move forward in a civil suit. I feel as though my side has not been represented because I am not doing something right but the plaintiff has submitted information that the judge is seeing? The short version is that the plaintiff is dragging out this... View More
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answered on May 1, 2024
Sorry to hear of your plight. The litigation process can be confusing, long, time consuming and expensive, especially if you do not have an attorney. My first advice is try to find an attorney. If the amount you can lose is the same or more than the cost of an attorney you will be better off, this... View More
I’m starting a YouTube channel and want to sell my own merchandise through print on demand. Shirts and hats with my logo and YouTube name on it. I don’t have a bunch of upstart money, so do I have to register a trademark through the US government before I can sell?
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answered on Mar 6, 2024
In the US, formal trademark registration is not a prerequisite for selling products bearing your logo or brand name. Consider these points:
Common Law Trademark Rights: Your use of a unique logo and brand name in business operations instantly grants you common law trademark rights. This... View More
Have a secretary in place for 16 years and has done zero for the company. also 50% shareholder.
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answered on Jan 30, 2024
First, the governance of corporations is dictated by Oregon statute, however, the corporations' bylaws, which can and often do override default rules for many things, would be the first place to look when attempting to answer this question. As stated in ORS § 60.061 and ORS § 65.061, bylaws... View More
and website for this band. We have videos on these sites of our events. I'm particularly concerned with the retirement centers as those performances might be considered a more private event. Do I need written permission to post the videos? Could someone sue me for having a video out there?... View More
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answered on Dec 5, 2023
Your question asked if someone 'could' sue you for the described action. Unfortunately, yes, someone could and might. Could they win? That is a different story. This questions deals with the right to privacy in Oregon. (Oregon really does not have a right to publicity unless you have a... View More
Do I need to get a trademark or register it?
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answered on Dec 5, 2023
You have a couple of options for protecting your original work, as described. The first would be to copyright the book, or books, you write. You could do them individually (single author, same claimant, one work, not for hire) and pay the $45 dollar e-copyright registration fees for each.... View More
I am looking for someone to take care of my 70-80 laying hens in exchange for me getting the eggs. I will give the people all the $ from egg sales (after I am covered for the feed costs)
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answered on Jun 18, 2024
You can definitely create a contract. Although, if you are giving all the money from the sale of the eggs to the other party who gave you the eggs, I am not quite sure the purpose of the relationship.
In any event, my office handles contract matters and we can customize what you need.... View More
Rent a center is harassing me threating me with jail and being arrested I paid on time every time I recently went on fmla 4weeks ago and can't pay at the time they won't accept what I can pay I just wanna know my legal rights I live in oregon the rent a center is in washington state can... View More
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answered on Oct 19, 2023
As far as your question, if you rented from a Rent-A-Center in Washington, the contract probably will be governed under Washington law. Check your contract to see if that is the case. If so, you will need to speak with a Washington licensed attorney.
As far as any rights to keep the... View More
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answered on Oct 10, 2023
There is no Oregon law that requires you to provide any particular information over the internet for a real estate transaction. There are no civil or criminal sanctions for refusing this request. The request may be the realtors preferred practice, but you are not obligated to comply with the... View More
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answered on Oct 2, 2023
This is not a copyright question, but really belongs in the realm of trademark law. Whether you can use any particular name for a product or business cannot be answered unless and until you do a thorough name clearance search. Yes, they do cost money, but the money spent upfront can be considered... View More
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answered on Mar 3, 2023
Trademark signifies a source of goods or services. Unless your artwork serves as a logo (which can be trademarked), you would have to demonstrate to the USPTO that the elements of your artwork are distinctive and unique enough (secondary meaning) to qualify as a source of goods. This can be... View More
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answered on Aug 10, 2022
Payout of vacation time will be dictated by your employment agreement and the company policies regarding that payment. If the company has a pto benefit and you have accrued PTO that has gone unused, you should be entitled to that unused time as pay. Most employment contracts are at-will contracts... View More
Selling at a very low price/loss so can't afford lawyer/attorney fees to draw up a contract. I don't mind drawing it up myself but I want to make sure it would be legal to do so.
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answered on Apr 15, 2022
To answer your question, yes, you certainly can draft your own sales agreement. However, it would be more advisable to have counsel prepare one if you can. The money spent on counsel may be tax deductible.
Notwithstanding, as you indicate you have a sole proprietorship, what you are... View More
specifially the grateful dead dancing bear graphic
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answered on Mar 1, 2022
I agree with my colleague's previous answer and would just add for some background that one obtains trademark rights through use of a mark on goods or services. Registration of a mark is not required for protection but is most definitely helpful. It puts others' on notice that the mark is... View More
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