Texas Questions & Answers

Q: I am building an application. I would like to protect the logo and name of the application. I was going to trademark.

1 Answer | Asked in Copyright and Trademark for Texas on
Answered on Nov 17, 2017

Typically, a name and a logo are filed as two separate trademarks. A trademark can be any indicator, such as a sound, shape, design, or even a color. If you are not selling anything, you can only complete part of the process now by filing an intent to use application. If such an application is allowed, you then must submit proof of your use within a certain amount of time. If not, the trademark will be cancelled. I recommend speaking with a trademark attorney in Texas, many of which offer...
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Q: I created an LLC. I submitted a 2553 to become an s-corp. What do I do for franchise taxes?

1 Answer | Asked in Business Formation and Tax Law for Texas on
Answered on Nov 17, 2017

If you created the LLC in Texas, the Comptroller's office normally sends a mailer to the registered agent's address with information on how to file franchise tax reports and pay any amounts owed.
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Q: My mother passed away on 10/31/17. The custodian of my mother's will, will not provide us with a copy.

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Nov 17, 2017

Under Chapter 252 of the Texas Estates Code, a person with custody of a will who has notice of the person's death is legally obligated to provide the will to the clerk in the county with jurisdiction. There is a legal process to compel the person to do so, including jailing the person with custody for refusal to turn over the will.
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Q: I won a small claims case back in 2011 for $4,000. Never got my money. Is there a statue of limitations?

1 Answer | Asked in Civil Litigation and Small Claims for Texas on
Answered on Nov 17, 2017

Texas judgments normally last 10 years and can be renewed.
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Q: Can a co-signer of student loan take legal action for repayment even though the loan in its entirety is paid off

1 Answer | Asked in Family Law, Contracts, Civil Litigation and Consumer Law for Texas on
Answered on Nov 17, 2017
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Q: Explain the right to not be deprived of life liberty or property without due process

1 Answer | Asked in Civil Litigation and Constitutional Law for Texas on
Answered on Nov 17, 2017

This is a fairly vague question; however, the phrase means that a person cannot be deprived of life, liberty, or property without due process. "Due process" means a variety of things depending on the situation.
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Q: What is the process for getting money back from a roofing contractor for services not performed?

1 Answer | Asked in Civil Litigation, Construction Law and Consumer Law for Texas on
Answered on Nov 17, 2017

It is difficult to answer this question without additional information. You should contact an attorney. It is generally difficult to recover funds from a contractor, but sometimes a civil suit can be fruitful.
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Q: If I own a C-corp, and I see another competitor advertising on AdWords using my business name verbatum, what can I do?

1 Answer | Asked in Business Law for Texas on
Answered on Nov 17, 2017

Yes, this is trademark infringement.
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Q: Can Majority of the shareholders dissolve their company. 55% to 45%. Two owners equal 55%, 1-45%. This is in Texas.

1 Answer | Asked in Business Law for Texas on
Answered on Nov 17, 2017

It depends on how the company is structured, but generally shareholders cannot dissolve a corporation, only the board of directors can do that.
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Q: Can I be fired from my job because I went to a competitor's establishment and they posted a picture of me there

1 Answer | Asked in Employment Law and Business Law for Texas on
Answered on Nov 17, 2017
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Q: I made an oral contract, a free favor. I was unable to do the task. Am I at risk in court?

1 Answer | Asked in Business Law and Contracts for Texas on
Answered on Nov 17, 2017

You are always at risk if you do not answer a lawsuit.
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Q: does a private company have a legal obligation to archive emails for any period of time

1 Answer | Asked in Business Law for Texas on
Answered on Nov 17, 2017

The answer to this question depends on the type of business. For instance, various financial companies are obligated to keep all emails. Also, if litigation is "anticipated," then there is a duty to preserve evidence. Some companies should always been anticipating litigation.
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Q: Failure to adequately brief contentions is why appeals court affirmed trial court judgment. How to appeal further?

1 Answer | Asked in Appeals / Appellate Law for Texas on
Answered on Nov 17, 2017

If you failed to adequately brief an issue in the intermediate court of appeals, the Supreme Court/Court of Criminal Appeals is unlikely to take your case. However, you can attempt to appeal further.
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Q: How do I defend my properties, assets, and estate from being taken away by Medi-Cal when I die?

1 Answer | Asked in Elder Law for Texas on
Answered on Nov 17, 2017

Medi-Cal applies to California. You posted under Texas. In any event, situations vary. Consult an elder law attorney about yours. You can find one near you by using the Find a Lawyer function at the website of the National Academy of Elder Law Attorneys (www.naela.org)
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Q: I was hurt on the job the first dr was just giving me pain meds thay did xrays and mri it showed dice hernation a specil

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Nov 17, 2017

I would advise you to contact a workers' compensation attorney over the phone to discuss your legal rights. Most lawyers will speak to you for free over the phone. If have listed way too many details for me to adequately respond to you in writing.
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Q: Can ur landlord throw u out for not paying rent because she has not repair anythi g from Harvey and my appt got flooded

1 Answer | Asked in Landlord - Tenant for Texas on
Answered on Nov 16, 2017

If you did enter a formal rental agreement that gives you certain rights to live in there with dignity. It would be an offence if your belongings are thrown out by your landlord for which he would be liable for personal and material damages if so occurred.

W/r to repair work that is not being done, you should immediately write a proper letter to landlord and request him to fix the defects within xxx days and if he failed to do so, repairs will be carried out at his cost deductible...
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Q: How long is a registered trademark good for?

1 Answer | Asked in Trademark for Texas on
Answered on Nov 16, 2017

There are really two answers to this question (if we limit the discussion ONLY to federally registered marks, not ones registered with any state agency). First, there is the term of the trademark rights themselves, and then there is the term of the registration. The two are different. The rights to any particular trademark arise from the date of first use of the mark in commerce, and continue for as long as the holder continues to use the mark in commerce without abandoning it, or until such...
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Q: I have a very marketable product idea but I'm reluctant to bring any attention to it.

2 Answers | Asked in Contracts, Intellectual Property and Patents for Texas on
Answered on Nov 16, 2017

This is a common fear. Unfortunately, if you never tell anyone about the idea it will be hard to move forward.

If you product has new features not found in other products, then you may be able to protect the idea with a patent application. Once you have a patent application on file, then you can share the idea. Ideally under a non-disclosure agreement drafted by an attorney working for you -- be wary of forms on the internet. Note -- the patent application may not protect further...
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Q: If I called the cops on my husband for Putting his hands on me and pressed charges is it automatically a felony

1 Answer | Asked in Domestic Violence for Texas on
Answered on Nov 16, 2017

Here are some of the reasons a domestic assault can be filed as a felony:

* An accusation of impeding breath or circulation by applying pressure to the neck/throat or covering the mouth/nose.

* An accusation of two or more assaults causing pain or injury within a 12 month period

* An accusation of one assault causing pain or injury if the defendant has a previous conviction or deferred adjudication for the same type of crime. This includes previous convictions in other...
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Q: Father died 7/2017. Left me (son) his house in his will. Very small 'estate'. How to put house in my name? Fees ?

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Nov 15, 2017

You must probate the will and file the order admitting it to probate or a distribution deed with the county clerk. You may be pleasantly surprised by the relatively low cost and time consumed by a Texas probate. Contact a local probate lawyer.
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