Summerland Professional Services Excellence Award Nomination

Posted on: January 24, 2015

Avery Law Office is proud to have been nominated for the 77th Summerland Business and Community Excellence Awards Professional Services Excellence Award.  Thank you for the nomination and support.  We are very proud of this nomination and look forward to continuing to serve Summerland.

How is your legal health?

Posted on: January 24, 2015

How is your legal health? 

As in all aspects of medical health, legal health is just as important. Failing to maintain it may result in finically costly and stressful consequences. Below you will read a non-exhaustive list of common legal issues that one should consult a lawyer for. Should any of these issues apply to you or a loved one, feel free to contact Avery Law Office for further assistance.                                 

Business Law

  • Have you been asked to:

  • Act as a consignor or guarantor for another person’s debt?

  • Indemnify another party?

  • Provide financing to a business, providing collateral for a business loan?

  •  Have you been asked to incorporate a business or enter into a partnership?

  • Are you considering starting a business as a sole proprietor or in partnership agreement or shareholders agreement for your business?

  • If you are an artist, writer or musician, do you protect the rights to your work?

  • If you invented something, do you know how to protect it while you promote it or try to get it manufactured?

Wills and Estates Law

  • Do you have a properly drafted Will that accurately reflects your current wishes?

  • Do you have any virtual property or rights that should be added to your will?

  • Do you have a properly drafted current Power of Attorney for Property?

  • Do you have a properly drafted current Power of Attorney for personal care?

  • Has anyone in your family recently passed away?

  • Have you registered to be an organ donor?

Real Property Law

  • Are you thinking of buying, financing or selling real estate?

  • Do you already own a home or other property either alone or with someone?

  • Is your mortgage due to be renewed?

  • Do you have a secure line of credit?

  • Are you thinking of building on some land or renovating an existing building?

  • Do you own or are you considering buying real estate in another country?

  • Are you operating your business out of your home?

  • Are you having any boundary, easement or usage issues with neighbors?

  • Are you renting out part of your home, or renting out another property?

  • Are you a tenant?

  • Do you have title insurance for any title, survey or other covered defects or fraud?

  • Do you know how to reduce the chances of becoming a victim of fraud?

Should any of these or other legal issues pertain to you, do not hesitate to contact Avery Law Office for a consultation. If there is no legal assistance required, we will kindly advise you. If there are grounds for examining the matter further, we will clarify so you can make a well-informed decision.

Full Trade-Mark Services in the South Okanagan

Posted on: January 24, 2015

Full Trade-Mark Services in the South Okanagan

Here at Avery Law Office, we offer a complete range of trade-mark services.  As a registered trade-mark agent, we can assist you with your trade-mark application and represent you before the Canadian Intellectual Property Office.

We offer trade-mark prosecution, portfolio management and advisory services which includes the performance of trade-mark searches, and the evaluation of registrability of non-traditional marks such as packaging, sound, three dimensional shapes and color-only marks. We can assist you with domain name and Internet advisory services involving trade mark protection. Let us centrally manage and monitor your global trade-mark filings and handle administrative matters such as the use of your mark by others and related tasks such as billing and reporting.

We can provide you with advice, negotiate and draft trade-mark assignment and licensing agreements. We can help you navigate commercial transactions with trade-mark related issues. We can also assist you in policing your mark, engaging in due diligence and audits. We can handle your trade-mark opposition and cancellation proceedings and trade-mark infringement litigation. 

Should I register a Trade-mark?

Posted on: January 24, 2015

Should I register a Trade-mark?

No one has to register a trade-mark. Frankly, in some situations, trade-mark registration may not be worth your while at the current time. As a business owner, you need to ask yourself if you should register a trade-mark and if you think you should, whether you should register your trade-mark now or in the future. 

As with any business decision, deciding whether to should consider the benefits versus the costs. As a business owner, you want a reasonable return on your investment. Weigh the time and costs of the application process against the value of the legal protection the registration will give you. What protection? On a practical basis, because of the searching that your trade-mark agent and the Canadian Intellectual Property Office complete to determine whether your proposed mark is confusing with another, some assurance should be provided that your mark does not infringe another’s mark and you will not be in a position where you will need to change your trade-mark. Also, registration provides you with rights that you can enforce against others that may infringe  your mark.

In our opinion, the following factors favor registration sooner rather than later:

  • Investment of lots  of money in packaging and signage

  • Large investment  in marketing

  • Likely expansion beyond one location

  • Significant potential harm to your business if another business assumes a similar or confusing mark anywhere in Canada

  • Intention to franchise

  • Significant financial cost or lost reputation if you need to change your mark the future

On the other hand, you choose not to register a trade-mark if you carry on a small business in a single location that is closely associated to you. An example of this would be a sole proprietorship or small incorporated business.

Come see us at Avery Law Office to assist you in considering the decision regarding whether to submit an application for registration and the timing of that application.