Team Members

September 15, 2022

Egerton, McAfee, Armistead, and Davis P.C. Attorneys directly answering frequently asked questions!

Tax FAQ

Can a taxpayer be eligible for more than one filing status?

Yes, a non-married individual can file as either head of household or single. A married individual can file either as a married or married filing separately.

More information:

https://apps.irs.gov/app/understandingTaxes/hows/mod05/media/fs_mod05.pdf

 

Is money received from the sale of inherited property considered taxable income? 

It depends. The amount of taxable income would only be the amount of the increase in value since the decedent’s date of death. Thus, if no increase in value, then no taxable income.

More information:

https://www.irs.gov/faqs/interest-dividends-other-types-of-income/gifts-inheritances/gifts-inheritances

 

As Tax Day approaches, what is the purpose of a Form 1040? 

The purpose of a Form 1040 is for an individual to report their annual income.

More information:

https://www.irs.gov/forms-pubs/about-form-1040

 

What is the difference between a Form W-2 and a Form 1099-MISC?

W-2’s are sent to employees while 1099-MISC’s are sent to those who received more than $600 in rent, prizes, and other miscellaneous income.

More information:

https://www.irs.gov/forms-pubs/about-form-w-2

https://www.irs.gov/forms-pubs/about-form-1099-misc

 

How do I file back taxes?

Quickly and carefully. Make sure your #tax returns are accurate and concise and report all outstanding income. Tax returns should be filed directly with the appropriate #irs service unless a Revenue Officer/Revenue Agent has been assigned to your case.

More information:

https://www.irs.gov/businesses/small-businesses-self-employed/filing-past-due-tax-returns

https://www.investopedia.com/back-taxes-5119851

https://www.policygenius.com/taxes/how-to-file-back-taxes/

 

Trademark FAQ

What information counts as a trade secret?

May vary from state to state and applicable law, but a common definition from the Uniform Trade Secrets Act is…

“Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

More information: https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=e58f19a0-6a5e-c90f-67c1-ac1f747ad47b&forceDialog=0

 

When is an invention novel?

When no single prior art reference describes every element of the claimed invention.

More information:

Novelty 35 U.S.C. §102

 

What is the difference between TM and ®?

TM is used when the owner of a trademark is claiming trademark rights but does not have a federal registration. ® Circle R can only be used to designate a trademark that is federally registered.

More information:

https://www.inta.org/fact-sheets/trademark-symbols/

 

What are the primary conditions of patentability for an invention?

Proper Subject Matter 35 U.S.C. §101 

Novelty 35 U.S.C. §102

Non-Obvious 35 U.S.C. §103

 

What is the difference between a trademark and a service mark?

A trademark is for a good while a service mark is for services.

More information:

https://www.uspto.gov/trademarks/basics/what-trademark

 

How long does patent protection last?

Generally, the life of a patent is 20 years from the date of filing the application. However, under certain circumstances, the actual “life” of a patent can be more or less than 20 years.

More information:

https://www.uspto.gov/web/offices/pac/mpep/s2701.html

https://www.stopfakes.gov/article?id=How-Long-Does-Patent-Trademark-or-Copyright-Protection-Last

 

What are some types of unpatentable subject matters in the U.S.?

General scientific principles/discoveries, algorithms/mathematical methods, abstract ideas, laws of nature, etc.

More information:

https://www.uspto.gov/web/offices/pac/mpep/s2106.html

 

What rights are provided by a patent?

The right to exclude other from making, using, or selling patented inventions.

More information:

https://www.uspto.gov/web/offices/pac/mpep/s301.html

https://www.law.cornell.edu/wex/patent

 

Is my company name automatically protected?

Registering your company name protects it from someone registering the same name in the state where the company name is registered. You do not automatically receive any trademark protection simply from registering your company name with the state.

More information:

https://www.uspto.gov/trademarks/basics/why-register-your-trademark

https://www.sba.gov/business-guide/launch-your-business/register-your-business

https://www.forbes.com/advisor/business/how-to-trademark-your-businesss-name/

 

Can I file a trademark application if my product or service is not being sold?

Yes. While a trademark registration requires the good or service to be in use in commerce, the trademark office allows an intent-to-use application to be filed before the good or service is in use in commerce. After the trademark application is approved (a Notice of Allowance is issued) then the applicant has up to three years to show use.

More information:

https://www.uspto.gov/trademarks/basics/trademark-process

https://www.inta.org/fact-sheets/fair-use-of-trademarks-intended-for-a-non-legal-audience/

https://www.uspto.gov/trademarks/additional-guidance-and-resources/possible-grounds-refusal-mark