Salma Benkabbou – Tampa Business Lawyer

What Business Owners Need to Know About the Children’s Online Privacy Protection Act

Salma Benkabbou — Sat, 22 Oct 2022 20:23:00 +0000

What Business Owners Need to Know About Children’s Online Privacy Protection Act (COPPA)

Keeping kids safe online is a priority for parents and business owners alike. This is why it is important to understand and follow the rules of the Children’s Online Privacy Protection Act (COPPA).

In a time when the internet is available to 95% of US children marketers, companies, and advertisers need to rethink their approach to engaging with users online.

The good news is that with the right tools and strategies in place, it’s possible to preserve the internet as a space where children can socialize, learn and play – all without having to worry about potentially age-inappropriate targeting activities from advertisers.

In this article, I will explain COPPA and what you can do as a business owner to protect children’s private information.

What is COPPA?

COPPA was enacted by the United States Congress in 1998 and is enforced by the Federal Trade Commission (FTC). COPPA gives parents control over what information websites can collect from their kids. It puts protections in place and streamlines procedures that companies covered by the rule need to follow.

Why is COPPA Important?

Complying with COPPA protects your organization from legal risk and shows that you are dedicated to keeping kids safe online.

Also, since COPPA came into effect, the fines for violating children’s privacy online have become greater and greater. For instance, WW International (previously Weight Watchers) paid $1.5 million to resolve claims from the FTC that it illegally gathered the data of underage users of its Kurbo program.

A second notable case was against the operators of the social networking app Musical.ly, now known as TikTok, which was accused of illegally withholding information of children under 13. The FTC concluded TikTok was retaining this personal information without the previous consent of the children’s parents, thus violating COPPA. The data the app was withholding included the child’s email addresses, names, and schools. Since the children’s information was public on the app, adults using TikTok were able to contact the minors. In addition, until October 2016, the app included a feature that allowed users to view other users within a 50-mile radius of their location.

TikTok, agreed to pay $5.7 million to settle Federal Trade Commission allegations that the company illegally collected personal information from children. The settlement also required the app’s operators to comply with COPPA going forward and to take offline all videos made by children under the age of 13. This is to date the largest civil penalty ever obtained by the Commission in a children’s privacy case.

Does COPPA Apply to Your Business?

The first step to complying with this rule is to determine whether COPPA applies to your business.

COPPA applies to operators of websites and online services that collect personal information from kids under 13. So, you must follow COPPA if your website or services meet any of the following conditions:

Your website or online service is directed to children under 13 and you collect personal information from them.

Your website or online service is directed to children under 13 and you let others collect personal information from them.

Your website or online service is directed to a general audience, but you have actual knowledge that you collect personal information from children under 13.

Your company runs an ad network or plug-in, for example, and you have actual knowledge that you collect personal information from users of a website or service directed to children under 13.

What Can I Do to Comply with COPPA?

If your business does meet any of these conditions, these are the steps you must follow:

Create and Post a Clear Privacy Policy that Complies with COPPA.

Your privacy policy must describe how your company handles personal information collected from children online. This policy needs to be specific and explain:

How the information is collected
What information is collected
How the information will be used
If it’s shared with third parties
A description of parental rights

Once you prepare a privacy policy you must place a link to your policy on your homepage. It should also be placed anywhere you collect personal information from children.

Notify Parents About Your Information Practices

COPPA requires that you give parents “direct notice” of your information practices before collecting information from their kids. Also, if you make a change to the practices parents previously agreed to, you have to send an updated direct notice.

Gain Parent Consent

Before collecting, using, or disclosing personal information from a child, you must get their parent’s verifiable consent. According to the FTC, acceptable methods include having the parent:

Use a credit card or another online payment system that provides notification of each separate transaction to the account holder;
Connect to trained personnel via a video conference;
Provide a copy of a form of government-issued ID that you check against a database, as long as you delete the identification from your records when you finish the verification process;
Answer a series of knowledge-based challenge questions that would be difficult for someone other than the parent to answer; or
Verify a picture of a driver’s license or another photo ID submitted by the parent and then compare that photo to a second photo submitted by the parent, using facial recognition technology.

Honor Parents’ Ongoing Rights

Parents have a right to protected information even after consent is provided. So, if a parent asks, you must:

Offer them a way to review the personal information collected from their child;
Give them a way to revoke their consent and refuse the further use or collection of personal information from their child; and
Delete their child’s personal information.

What Are the Next Steps in Protecting Children’s Online Privacy?

When COPPA was first drafted there was no YouTube, TikTok, etc. With the advancements in technology occurring at a rapid pace, it is important to make sure you stay up to date with all the changes regarding COPPA.

In addition, it’s important to be aware of state-specific regulations. For example, according to The New York Times, California will soon adopt the California Age-Appropriate Design Code Act. This measure will require sites and apps to block features that pose a risk to children, such as chat. It will also require online services to turn on the highest privacy settings by default for children.

The California measure could apply to a wide range of popular digital products that people under 18 are likely to use including social networks, game platforms, connected toys, voice assistants, and digital learning tools for schools. The California law will take effect in 2024. In addition, Congress is working to boost online safety for children.

ABOUT THE BENKABBOU LAW FIRM

The Benkabbou Law Firm, PLLC, is a boutique law firm located in Tampa, Florida. Our firm focuses on business law, immigration law, business immigration law, and intellectual property law. At our firm, we treat our clients like family and treat their interests and dreams as our own.

OUR COMMITMENT TO OUR CLIENTS

At the Benkabbou Law Firm, PLLC, we value keeping our clients informed of all possible problems they may face. We provide proactive legal solutions to help our clients avoid the possibility of liability, which saves our clients money, time, and resources. In uncertain times like these, we are prioritizing the long-term interests of our clients and their livelihoods. We are also help you navigate reopening your business after COVID.

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DISCLAIMER: Information communicated in, to, or through this blog post and your receipt or use thereof: (1) does not create an attorney-client relationship; (2) it is not intended as a solicitation; (3) is not intended to convey legal advice or constitute legal advice; (4) and it is not a substitute for obtaining legal advice from an attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.

7 Ways a U.S. Attorney Can Help You File a Successful Trademark Application as an International Company

Salma Benkabbou — Mon, 27 Jan 2020 07:04:50 +0000

U.S. attorney needed!

A new rule from the United States Patent and Trademark Office (USPTO) requires all international companies that wish to file a trademark application do so with the help of a U.S. attorney who is licensed to practice law in the United States. This includes any company wishing to file an application from Canada, as well. The new rule went into effect on August 3, 2019. The experienced intellectual property attorneys from the Benkabbou Law Firm, PLLC can represent your company when you file an application for a trademark with the USPTO.

The Rules for Canadian Companies

Canadian companies are no longer allowed to be represented by a Canadian attorney when filing for a trademark with the USPTO. This rule is in place for new trademark issues that are brought before the USPTO. Any existing trademark attorneys from Canada are permitted to represent their clients, if they are eligible, but the USPTO will still only communicate with the appointed U.S. attorney.

The Goals of the New Rule

The goals of the new rule from the USPTO include the following:

Safeguard the register for United States trademarks
Improve accuracy of all trademark applications made with the USPTO
Increase the compliance of customers of the USPTO with the trademark regulations and laws in place in the United States

Reasons for the New Rule

Aside from the goals mentioned above, the USPTO was forced to initiate the new rule for a few reasons. One of those reasons was that many trademark agents were operating under the guise that they were practicing law, representing trademark applicants of foreign companies without having the authorization to practice law. This means that these agents are not permitted to represent parties, registrants or applicants in front of the USPTO. The bottom line here is that the USPTO wants foreign applicants to be represented by a licensed U.S. attorney who knows the law and the requirements for filing a trademark application.

How an U.S. Attorney can Help

Now that your foreign company is required to have legal counsel from a U.S. Attorney, you should know the benefits of working with one. The benefits include the following:

Search before filing the application to avoid wasting marketing dollars and time and infringement lawsuits
Complete review of your application to ensure it meets United States laws and regulations
Correct any mistakes on your forms that could lead to the denial of your application
Legal strategy for filing your application
Answer all of your questions related to the application process
File your application with the USPTO
Represent you as a licensed U.S. Attorney in front of the USPTO and handle any opposition proceedings

Filing a Trademark from Outside the United States? Call the Benkabbou Law Firm, PLLC

When you wish to file a trademark with the USPTO and are operating as a foreign company, the team from the Benkabbou Law Firm, PLLC will be able to examine your situation, help complete the application, and represent you in front of the USPTO when you submit your trademark application. Call our office at 813-586-3351 or email us at consult@blawfirmpllc.com to schedule a consultation with one of our U.S. attorneys. We look forward to being of service!

How to Cover the Cost of Immigration Fees

Salma Benkabbou — Sun, 19 Jan 2020 22:36:54 +0000

Becoming a citizen of the United States involves much more than just completing paperwork while proving you have good intentions when entering the country. Immigrants are charged hefty fees to become citizens of the United States. These fees include the cost of completing the United States citizenship application, the application processing fee, and the USCIS Immigration Fee. If you are coming to the United States in search of work or greater opportunity, you may not have the disposable income available to cover these fees, and you may feel like your chance of gaining United States citizenship are slim to none. Do not worry; there are ways to secure the money you need to cover your immigration expenses.

Secure a Loan for the Money You Need

Many immigrants believe there is no hope when it comes to securing the funds needed to pay their immigration fees. While traditional lenders are usually not willing to provide loans to people who are not citizens of the United States, our law firm has teamed up with a non-profit organization that can assist immigrants secure a loan for the immigration fees needed. The loan could cover the cost of filing fees as well as legal fees associated with hiring an immigration attorney to assist with the different steps that must be taken to obtain legal status in the United States.

Obtain a Waiver for the Filing Fees

Hiring a good immigration attorney is the best choice you can make because the attorney can help you obtain a waiver for the filing fees. You will need to qualify for the waiver, but most people looking to become legal immigrants do qualify to have their fees waived. If an individual does not qualify to have the fees waived for any reason, The Benkabbou Law Firm always makes available the option of setting up a convenient payment plan. Instead of paying the full amount due at once, which is nearly impossible for most immigrants, you would have the opportunity to pay what you owe in smaller increments on a monthly basis with our firm.

If you are an immigrant who would like to gain citizenship in the United States the proper way, you need to hire an immigration attorney to help you get through the process with as minimum hurdles as possible. Our lead immigration attorney understands how much of a burden these legal fees are to you and to others who are traveling from countries all around the world to come to America. She is an immigrant herself and had to go through the same struggles you are facing now.

If you are ready to get help, schedule your consultation with The Benkabbou Law Firm today by calling 813-586-3351 or emailing us at imconsult@benkabboulawfirm.com. Our staff will work tirelessly to assist you obtain the freedom and security you immigrated to America for.

The Dangers of Completing the USCIS Forms Yourself

Salma Benkabbou — Tue, 14 Jan 2020 16:46:29 +0000

When the time comes to file the forms provided by United States Citizenship and Immigration Services (USCIS), it is within your best interest to work with an experienced immigration attorney. The forms required to obtain citizenship, a green card, a student visa, and other documents for you and your family are very important. These forms cannot have any mistakes on them if you wish to have your request approved by USCIS and avoid being subject to deportation. The team from The Benkabbou Law Firm, PLLC is here to prepare your forms and petitions along with complete and accurate supporting evidence to support your request and avoid a denial.

Incorrect Answers

There are dozens of questions you must answer when completing the USCIS forms. These questions might have simple answers, but if you answer even just one of them wrong, your application could wind up being denied and you could automatically be put into deportation proceedings. It can be as simple as providing an incorrect address, or mixing up the dates of your addresses. It can also be as simple as providing the USCIS with an incorrect answer about your employment because you forgot about a particular timeframe. Our immigration attorney will complete your forms in-depth to avoid any mistakes, major or minor. Our firm asks you all of the necessary information required to complete the forms without any incorrect answers.

Some major mistakes include a misunderstanding of the questions asked on the forms. Such misunderstandings may rise to fraudulent answers if answered incorrectly and tarnish your file with bad moral character not only for your green card, but also for your citizenship filings later on. You are creating a record with USCIS with everything you submit to them and so you are building your profile with each petition and evidence submitted. Do not rely on the instructions on USCIS website for guidance on how to apply for a green card or how to apply for citizenship because the instructions can be confusing to most people.

Clerical Mistakes

Small clerical mistakes on USCIS forms can lead to your application being denied, as well. What is a clerical mistake? A clerical mistake can be anything from a typo found in your name to a missing word in one of your answers. Clerical mistakes also include entire pages missing from a petition and submitting unsigned or incorrectly signed forms to USCIS.

Other clerical errors include the following:

Using correction fluid or correction tape
Failing to complete the entire form
Paying the incorrect fees
Illegible handwriting

Form Instructions Are Not the Only Instructions

The instructions you find on the forms you wish to file with USCIS are not the only instructions that you will need to follow.

For example, our firm has seen USCIS denials for people who filed for a green card without a lawyer or filed for citizenship without a lawyer because they failed to submit a complete record of tax returns. The applicants were immediately placed in deportation proceedings without having the chance to submit the entire record and correct what they submitted.

An experienced immigration attorney knows how harshly USCIS reviews the filed forms and supporting evidence. Our firm implemented a quality control process to ensure that no mistakes are made so that your application is not denied for these type of errors.

Please understand that when USCIS denies your application, you lose your legal status, which means you will be placed in deportation. It is not worth it to risk your entire livelihood for simply not hiring an immigration lawyer.

Need to File USCIS Forms? Contact the Benkabbou Law Firm Today!

If you need to file USCIS forms for residency or a student visa, or if a family member needs to file for a green card or citizenship, it is imperative that you consult with an experienced immigration attorney.

It’s also important to note that you do not use form preparers, notarios, paralegals, or any translation offices for these filings. These offices or service providers are not lawyers and they cannot represent you in front of USCIS. In fact, they are engaged in criminal activity for unauthorized practice of law as a lot of the answers on the forms require a legal analysis and strategy to ensure that you are protected. The mistakes can cost you your entire future, it is NOT worth it to save a few dollars.

Call the office of the Benkabbou Law Firm, PLLC at 813-586-3351 or send us an email at imconsult@blawfirmpllc.com to schedule a consultation to get started on obtaining your American Dream.

If you need help paying for the attorney fees and USCIS filing fees, check out our blog on How to Cover Immigration Fees.

Do I Own the Domain if I Own the Trademark?

Salma Benkabbou — Tue, 14 Jan 2020 08:19:02 +0000

If you are currently the owner of a specific domain, you might want to know if you are the owner of its trademark, too. People often tend to confuse the two, but there are differences between owning a domain name and owning a trademark. Just because you are the owner of a domain does not mean that you own its trademark. It is possible to own both, but you would need to take extra steps to make sure that you are the owner of both the domain and the trademark when you have a business and a website for it.

What is the Difference Between Owning a Domain Name and a Trademark?

When you are the owner of the domain, you are the one who owns the name of a specific website. As an example, if someone owns a website called ThisIsMyDomain.com, it belongs to them because it is registered to them. If someone creates a trademark, they may own the rights to that specific phrase, but they cannot use it for their domain name because it is already being used. While there is a difference between owning a domain name and owning a trademark, there is a way to make sure that you can own both.

What Does a Person Need to do to Own a Domain Name and a Trademark?

If you own a domain and you would like to own the trademark because you do not want to have to worry about someone else trademarking the name in the future, you would need to hire a trademark attorney to complete a detailed search to find out if the domain has already been trademarked or used in commerce. If nobody has trademarked it or used it, you can take the next step to obtain the trademark.

The Trademark registration process is lengthy and complex. You must hire a business lawyer to handle the registration for you so that you do not risk a rejection from the USPTO examiner.

Why is it Beneficial to Own Both a Domain and a Trademark?

When you have federally registered and trademarked your domain name, you can keep others from attempting to replicate that domain name or use something that is similar. When you are trying to brand your business, the last thing you need is someone to come along and attempt to steal your ideas while using a name that imitates the one you have created on your own. If you own a domain and a federally registered trademark, you can protect your business and website by making it much harder for people to try to steal your traffic or the number of customers you currently have. Although it does require taking extra steps, it is important to have that federally registered trademark for your domain name if you want to avoid having any problems in the future.

Need help applying for a trademark now that you currently own a domain? Let the Benkabbou Law Firm assist you. Our experienced business lawyers look forward to working with you.

Complete our contact form to get started with your consultation. You can also call us at 813-586-3351 or send us an email at consult@blawfirmpllc.com for more information.

5 Mistakes Rookie Entrepreneurs Make When Buying a Business

Salma Benkabbou — Mon, 13 Jan 2020 21:27:54 +0000

Buying an existing business can have its advantages. If the business already has a loyal fanbase, you could potentially have plenty of customers, which makes it easier to ensure continued success. However, there are some mistakes that people tend to make when buying businesses that puts future success in jeopardy. Below, the Benkabbou Law Firm describes some of the common legal rookie mistakes that people make when buying a business and what you can do to avoid making them.

1. Not Being Aware of the Reason(s) for the Sale

Always find out the reason for the sale of a business. Some entrepreneurs start businesses and move on from them quickly because they are always looking for a new, profitable venture. Just because someone is selling a business, it does not mean that the business is not doing well. Some business owners choose to sell at the right time when they can make a decent amount from the sale while stepping away from the industry for personal reasons. However, there are times when business owners are looking to sell because they are unable to achieve success with the business. In order to make an informed decision, you need to know this information in advance.

2. Not Reviewing the Contract Before Signing

The sales contract between you and the original business owner is a BIG deal. If you do not read through it and have any legal jargon translated into simpler terms before signing, you could make some major EXPENSIVE mistakes. Always make sure that you have a good understanding of what the contract entails before you sign it. You should have a business lawyer carefully review all the details of the contract before moving forward.

3. Not Having a Plan for the Business

Before you buy a business, you should have a plan for it. If you know what the business is about and who the targeted audience is in general, you should be able to come up with some unique and fresh ideas that could help you take the business to the next level. If you do not have a plan and you just jump into the purchase anyway, you could run into a lot of trouble, including coming across unexpected legal issues.

4. Failing to Seek Legal Advice Before Making the Transaction

Not getting legal advice when making such a major transaction is one of the worst things you could possibly do. You need to speak with an attorney about your intentions of purchasing the business. An attorney can help you make the decision to invest in the business based on different factors, including the potential legal liabilities of the business, the value of the business, and more. Your attorney will help you review financial documents, contracts, governing documents, etc. for the business to let you know if you are making a wise investment or not. Your attorney will also ensure that the purchase will not violate any antitrust laws as these laws can be implicated in some business acquisitions.

5. Investing in a Business That You are Not Passionate About

If you are not passionate about a business and what it sells, you should not invest in it. You need to have a true passion for the product or service that is provided to the customers. If it is not something you love or believe in, you are going to have a difficult time staying motivated to keep things running during the pitfall of the entrepreneurship journey.

Thinking of Buying a Business? Get Expert Legal Advice Ahead of Time

When you are thinking about buying a business, make sure to get legal expert advice beforehand. At the Benkabbou Law Firm, we are prepared to help you make an informed decision about your investment. Your best interests are important to us. Reach out for a consultation by calling us at 813-586-3351 or emailing us at consult@blawfirmpllc.com.

5 Reasons Why You Should Never Use a Free Contract Template

Salma Benkabbou — Mon, 19 Aug 2019 20:16:56 +0000

It is almost impossible not to browse the web and not come across hundreds of contract templates for various areas of the business world. Even though many think that using a contract template is the best way to draft a contract, it can lead to serious legal problems. Thousands of parties enter into contracts that have been drafted using a template in lieu of a contract that has been drafted by an attorney. Below, you will find the dangers of using a contract template instead of an attorney drafted contract and how it can impact your agreement with another person or company.

1) Using the Wrong Contract Template

One of the biggest dangers of using a contract template instead of a contract written by an attorney is that you might use the wrong form. There are thousands upon thousands of templates available for use online. How do you know which one is correct for your situation? You simply do not know. It is possible that you could be signing a form that is for a joint venture when you would rather sign a form that establishes a partnership agreement between you and the other party. Once the documents are filed, you will need to go through a lengthy and expensive legal process to fix the problem.

2) Omitting Important Language

Language is key in any type of contract you draft, which is why you need to avoid templates at all costs. You have no idea who wrote the template you are using, which can lead to the omission of important language that can either make or break your agreement. When you work with an attorney to draft a contract, he or she will know the appropriate language to use in your contract based on the situation being discussed.

3) Not Having an Understanding of Your Rights

It is vital in any legal situation, especially when writing or signing a contract, that you have an understanding of your rights. When you use a contract template, you likely will not have a solid understanding of how your rights should be protected in the contract. An attorney knows the situation you are in and how your rights come into play, ensuring that all of your applicable rights are protected in the contract.

4) Failing to Tailor the Contract Template to Your Situation

Using a contract template does not make it easy to tailor the contract to your specific situation. For example, a contract template will not have language in it to address the terms of the deal you and the other party have discussed at length in meetings or via email. Instead, the wording will simply be generic and could cost you a lot of money and time if the other party decides to take advantage of this situation.

5) Failing to Know the Differences in State Laws

When you utilize a contract template, you fail to know or look for the differences in state laws. It is vital to the health of the contract that you have an attorney draft a contract for you since they know how state laws differ, especially when it comes to registering or creating a business.

In Need of a Contract? Contact an Experienced Contracts Attorney Today!

Do you need to draft a contract for your business? It is best done with the help of an experienced contracts attorney. Call or text the office of The Benkabbou Law Firm, PLLC at 813-586-3351 to schedule a consultation today.

Investor Visa Limits Increased Under Trump Administration

Salma Benkabbou — Mon, 19 Aug 2019 20:15:48 +0000

A controversial visa program that was created in 1990 is being revamped by President Donald Trump and his administration. The program, which provides visas for foreign investors, will see an increase in the amount of money required to invest in order to obtain the visas.

The previous limit was $500,000. The new limit will be $900,000 in order to secure an EB-5 investor visa. The standards that govern what a needy neighborhood is will also be updated to prevent investors from picking areas that border affluent neighborhoods for their own benefit.

Non-Needy Area Investments

If a foreign investor wishes to invest in a project in a non-needy area, the investment limit will increase from $1 million to $1.8 million and will adjust for inflation automatically every five years, according to a report from The Washington Post. All of these changes will take effect beginning on November 21, 2019 and are the first major changes to the program since 1993, when it was just three years old.

The Old Investor Visa Rule

Under the old requirements, an investment of $1 million was required to bring at least 10 new jobs to a non-needy area. A $500,000 investment was required for a project that would be located in areas of high unemployment rates. In exchange for the investments, the foreign investors would receive conditional green cards for themselves and their immediate family members for two years.

The New Investor Visa Rule

As mentioned earlier, the limits will increase under the new rule. The new rule also eliminates the ability for an individual state to determine which specific geographic and political areas are labeled as high unemployment. Instead of the state making this determination, the Department of Homeland Security would make the determination.

Avenues to Adjust Immigration Status Limited

At the same time that the EB-5 visa program is being revamped, the Trump Administration is working toward limiting the avenues immigrants have in changing their status, therefore keeping their promise to limit legal immigration at the same time that they work to curb illegal immigration. It is important to learn about your options as soon as possible.

Do You Have Immigration Questions? Contact an Experienced Immigration Services Attorney Today!

If you have questions about immigration, or how to obtain the EB-5 investor visa, it is in your best interest to speak with an experienced immigration services attorney. Call or text the office of The Benkabbou Law Firm, PLLC at 813-586-3351 to schedule a consultation today.

How Trademarks can Benefit Your Business

Salma Benkabbou — Wed, 12 Jun 2019 14:16:21 +0000

With the number of companies in the market competing for your business, branding is increasingly important today. In this regard, trademarks can benefit business and be an important tool for a business owner, provided it is used properly. As an experienced trademark lawyer in Tampa, we want businesses to be aware of the benefits a trademark can offer. And provide your business the necessary steps to protect it.

How Trademarks can benefit business?

To summarize, a trademark will generally consist of a word, phrase, image, or symbol that is immediately identified as being associated with a company. Think of the Nike swoosh or the Apple logo on smartphones. Whether they realize it or not, consumers encounter numerous trademarks throughout the course of a typical day and they influence brand loyalty and purchasing decisions. According to Entrepreneur, some of the main reasons why a trademark is important for your business include:

Trademarks make for more effective communications tool. Trademarks convey technical and emotional attributes about a company and its products, allowing businesses to communicate their message to a broader audience by bridging language barriers.
A Trademark can distinguish your company from others. A trademark is your brand. It allows consumers and clients to immediately identify your business among competitors and encourages brand loyalty.
Trademarks make it easier to attract and hire valuable employees. By providing your business with a clearly identifiable brand and building its market reputation, trademarks allow companies to attract the top talent in their respective fields.
Trademarks boost a businesses marketing efforts. Trademarks convey a lot in just a small amount of space. They lend themselves well to product placement and sponsorship’s, making marketing and advertising easier, and are particularly useful in the media.

Why your business needs a Registered Trademark

In comparison to a Copyright, which protects art or literary works, or a Patent, which protects an invention. Registered Trademarks protect company brand names and logos.

According to the U.S. Patent and Trademark Office (USPTO), trademark rights come with actual use, provided the brand name or logo does not too closely resemble that which another company or product currently uses.

The rights for a company to use a trademark never expire, provided the company continues to use it on a regular basis. This is true regardless of whether a company has filed to have it registered. There are numerous advantages to registering a company trademark. These include:

Provides a legal presumption of ownership and the rights to exclusivity.
Affords federal protections, including the right to file a federal lawsuit.
Recognized by foreign countries and U.S. Customs and Border officials, it can decrease the likelihood of fraud in imported goods.

When a trademark is not registered, the letters ‘TM’ will appear after a company logo. Only a registered trademark will have the ® symbol attached to it.

Consult with a Tampa Trademark Lawyer

Get the trusted legal guidance your business needs to protect its brand and reach out to the Benkabbou Law Firm, PLLC. Contact our Tampa trademark lawyer and request a consultation at our office today.

Naturalization: The Process of Becoming a U.S. Citizen

Salma Benkabbou — Wed, 12 Jun 2019 13:36:12 +0000

While many people come to the United States to each year as immigrants, not all choose to pursue naturalization. This involves the process of becoming an actual citizen, with all the rights and responsibilities that go along with it. Naturalization can be a long and confusing process, but our Tampa immigration lawyer is here to help. The following outlines the requirements for becoming a naturalized citizen of the U.S. and the steps involved in the process.

Qualifying for Naturalization

There are numerous options for coming to the United States. Many come with the intent to work, others to go to school, or to reunite with other family members. Naturalization can be seen as the culmination of the process of obtaining a visa, visiting the country, living, and working here while developing ties in the community, and finally taking an oath of allegiance and claiming it as your own.

The process for becoming a citizen of the United States can take years to complete. The first step is determining whether you qualify. Applicants must have a valid Permanent Resident card, otherwise known as a green card, for at least five years before applying or three years if you are the spouse of a current U.S. resident. Additional eligibility requirements include:

All applicants must be at least 18 years old at the time you apply for naturalization;
Applicants must be able to read, write, and speak basic English;
You must have a basic understanding of U.S. history and government;
You must show an attachment to the U.S. Constitution, and the principles under which the United States was founded;
You must be a person of good moral character, with no history of deviant behavior or convictions for felony crimes over the prior five-year period.

Applicants must also meet certain residency requirements, which includes being in the U.S. continuously for close to three of the past five years and being a resident of the state in which you file for at least three months.

Steps in the Naturalization Process

U.S. Custom and Immigration Services (USCIS) outlines the path to citizenship in the pamphlet 10 Steps to Naturalization. If you have determined that you qualify to become a citizen of the United States, the following steps need to be taken:

Filing form N-400, Application for Naturalization with the appropriate supporting documents.
Submitting to bio-metrics, which involves being fingerprinted and photographed for the purpose of running a Federal Bureau of Investigation (FBI) background check and paying the required fees.
Attending an in-person interview with the USCIS, unless exempt, and taking both and English and Civics exam.

Once the above steps are completed, applicants will be notified of whether the application was approved or denied. If a denial was believed to be issued in error, the applicant may appeal the decision.

Consult with a Tampa Immigration Lawyer

At the Benkabbou Law Firm, PLLC, we are here to guide you through every step of the naturalization process. Reach out to a Tampa immigration lawyer to request a consultation about your case and how we can help you.