2015 Summerland Professional Services Award Recipient

Posted on: March 8, 2015


We are very proud to be the recipient of the 2015 Summerland Business Excellence Award for Professional Services.  Thank you for the nomination and all those who voted for us.  We are happy to be a part of the Summerland community and appreciate the warm welcome we have received over the past 5 years.

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.

Trademarking Punctuation Marks “[ ]” – Who Knew

Posted on: February 4, 2014

                Did you ever think punctuation such as “[ ]” could be trademarked? In May 2013, this was discussed by the US Trade-mark Trial and Appeal Board in relation to Casella Wines’ application for the trademark of “[ ]”. It is an interesting case for those interested in intellectual property.            

The two aspects that were examined were the descriptiveness of the mark (does the mark simply describe the product or service or its natural characteristic) and its inherent distinctiveness (the ability of a mark to distinguish a good or service).

Regarding descriptiveness, the board found that the mark was not merely descriptive of wine or alcoholic beverages as it did not relate to the description of “an ingredient, characteristic or feature of wine or alcoholic beverages”.

                Regarding distinctiveness, the court considered the position that the mark was a punctuation mark and could not function as a trademark. The question to be asked is whether the mark is actually capable of distinguishing wines and spirits. What do you think? In this case, because use of the brackets had not commenced, the Board was unable make a finding regarding how the mark would be perceived by the public based upon its actual use (i.e. punctuation vs. trademark). Because a finding could not be made, the Board ruled distinctiveness would not be a bar to the registration of the trademark, but an application to cancel the registration after the trademark was used would be permitted.

                On October 1, 2013, a Notice of Allowance issued for the mark. This means Casella Wines has 6 months to commence using the mark or request an extension.

Denese Espeut-Post is a registered trade-mark agent.  Visit Avery Law Office for your trade-mark needs, registrations and ongoing maintenance.