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Small Business

Legal Steps for Starting an Airbnb Business in Joshua Tree (with COVID-19 Update)

People from all over the world flock to Joshua Tree to enjoy its picturesque landscape and bask in the tranquility of the high-desert. Because of this, in recent years, those offering short-term rentals have been able to earn extra cash through sites like Airbnb, FlipKey, and VRBO. 

However, there are certain steps that all property owners need to take before opening the doors to potential guests. Part of this process involves complying with local regulations, which are always subject to change. For that reason, it’s important to stay on top of these rules in order to help ensure that your Joshua Tree rental business flourishes for years to come. 

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Trademarks

Reviving a Dead Trademark (with COVID-19 Update)

Having your federal trademark application approved is reason to celebrate. This is because registration affords you protection at the national level. Also, generally speaking, registered status can last indefinitely.

But, keep in mind that you need to take certain steps to maintain your registration or you could risk the mark falling into “dead” or “abandoned” status. That said, there are instances where you can successfully revive a dead trademark.

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Nonprofits

What Are Nonprofit Bylaws?

Bylaws play an integral role in nonprofit organizations. Simply put, the bylaws are the internal manual for how the nonprofit will run. For proper functioning of the organization, it is important that everyone on the board understands and follows these rules. The document is not filed with the state, but rather maintained within the nonprofit.

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Trademarks

How Do I Choose the Correct Trademark Class?

Deciding on a trademark is an important part of successful branding. Many companies then register the mark for protection at the federal level. Part of this process requires considering how the trademark should be classified.

Keep in mind that on your application you must select from one or more of the available categories, which are based on the goods or services you offer. The USTPO provides 45 classes to choose from and, once selected, your trademark protection is limited to that specific area. Further, if you select the incorrect class, your application may be denied.

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Small Business

What is a Pass-Through Entity?

Selecting a business type is a lot like buying a car. There are pros and cons to consider with every vehicle and some will be more suited to your individual needs than others. The same is true when setting up a business. That said, tax treatment is one of the major issues that could lead you to choose one type over another. 

With that in mind, the term “pass-through” entity comes up a lot in the literature on business formation. Simply put, a pass-through entity is a company that does not pay corporate tax. Instead, the income “passes through” to the owner, meaning the tax obligation is paid only once on his or her personal return. As you can imagine, this feature can be a major advantage.

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Trademarks

Trademarks and Domain Names

Building a successful brand is an important part of ensuring the long-term financial health of your business. We now live in a digital age which means that taking advantage of e-commerce opportunities can help you thrive even if you run a more traditional brick-and-mortar company.

With that in mind, if you are new to the process, you may have some confusion about what the terms “trademark” and “domain name” mean. Because both can greatly benefit an organization, we will explore the differences and similarities between the two in this post.

Now, while a trademark and a domain name may overlap, they are not exactly the same thing. Simply put, a domain name is a web address, while a trademark refers to the company brand. Trademarks are how a consumer can identify your goods and services and distinguish you from your competitors. Moreover, these marks provide legal protections that prevent others from using the name. 

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Trademarks

About Trademark Infringement

Creating a trademark for your business is an important part of effectively marketing your products or services. It’s what sets you apart from your your competitors, and can be the difference between success and failure. For that reason, the law gives you the exclusive right to use this mark, whether it be a name, symbol, word or slogan.

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Small Business

How to Keep Your California LLC in Good Standing

Creating a California LLC is an effective way to help you avoid personal liability for your company’s debts and other obligations. However, bear in mind that forming the business is only the first step in the process. There are ongoing requirements that you must follow. 

Now, failing to follow these rules may lead to your LLC being suspended or even dissolved by the state. This means that you would no longer be considered in “good standing”, which can have negative consequences for your business.

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Small Business

Piercing the Corporate Veil

Whether you are new to owning a company or are a seasoned entrepreneur, entering into contracts is a fundamental part of being in business. These agreements will vary in size and scope and can result in some obligation or debt being incurred by the company.

Now, in most cases, if you choose the appropriate structure for your organization (such as a corporation or LLC) you, as the owner, are shielded from liability in the event that the company cannot carry out its responsibilities. In other words, you would not ordinarily be on the hook for the resulting debts and legal obligations. 

However, it’s important to note that there are times when this protection can be stripped away. This is referred to as “piercing the corporate veil” and means that owners will be held personally financially liable for the debts of the business. 

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Small Business

Do I Need an Operating Agreement for My California LLC?

If you’ve recently formed an LLC, you should congratulate yourself on completing the important first step of choosing a business structure. However, keep in mind that there are additional items that should be on your checklist as part of the formation process. One of these is the operating agreement.

Note that California is one of the few states that legally requires LLCs to have an operating agreement. But, there are a number of benefits these documents provide even if you live in a location where they are not mandated by law. 

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