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Categories Business Law, Trademark

The Benefits of Trademark Protection

Author swb Categories Business Law, Trademark Posted on

The Benefits of Trademark Protection

When building your business, one of the most important assets you have is the brand itself. Whether it’s the name of your company, a slogan or a logo, finding distinct ways to represent your company will help build consumer awareness, enabling your business to grow. Filing a trademark with the United States Patent and Trademark Office (USPTO) offers significant benefits for protecting and growing your brand.

  • Exclusive U.S. Rights: When you file for a trademark, you will be granted exclusive rights to use the trademark in connection with your goods or services across the U.S., regardless of where you’re physically located. Additionally, it helps prevent others from using a confusingly similar name or logo.
  • Stop Copycats: Once you file with the USPTO, your mark becomes publicly searchable in the USPTO database. This deters others from adopting a similar name or logo because they can see it’s already claimed.
  • Public Deterrent: Registered marks are presumed valid, and you are presumed to be the rightful owner, thereby shifting the burden of proof to the other party in legal disputes and giving you a significant advantage.
  • Legal Advantage: Only federally registered trademarks can use the ® symbol, which enhances credibility and communicates legal protection. Unregistered marks can only use ™ (trademark) or ℠ (service mark), which carry less weight.
  • Sue Infringers: If you feel that another party is using an identical or similar version of your mark, you can file a lawsuit in federal court to stop infringement.
  • Sell It or Use It as Collateral: As trademarks are intellectual property assets, they can be sold, licensed, or used as collateral. Some entities choose to register their trademark not for the legal protection, but because it is an additional asset that they can sell, when they are looking to sell their company to a third party. A strong brand with legal protection can increase your company’s valuation and attractiveness to investors or buyers.
  • Keep Your Brand Consistent: Trademark protection helps maintain brand consistency. Consumers are more likely to trust brands with protected, recognizable marks.

In summary, registering a trademark with the USPTO is a powerful step toward building a secure, reputable, and scalable brand. It’s not just a legal safeguard; it’s a strategic and valuable business asset. 

Ready to secure your brand’s future? Contact Saunders Walsh & Beard today to learn more about protecting your intellectual property and unlocking the full potential of your business!

 

Categories Business Law

LLC vs Sole Proprietorship in Texas

Author swb Categories Business Law Posted on

Thinking of running your small business in your own name?


It’s common, but in Texas, forming an LLC or corporation offers big advantages.

When an individual starts their small business, they often do so in their own name. The thought process is typically that, as they are the only person involved with the business, there is no need to become a company or corporation. Not having employees or a payroll, some individuals think that the additional step of forming an entity is unnecessary and excessive. Some individuals do not believe they can form an entity when they are the only person involved with their business. What they may not know is that choosing not to operate as a sole proprietor in Texas and instead forming a Limited Liability Company (LLC), corporation, or other formal business entity can offer several key benefits.

1. Protect Your Personal Assets

With entities such as LLCs or corporations, owners are not personally liable for business debts, lawsuits, or obligations. Only the business assets are at risk. Inversely, sole proprietors (people who run businesses in their own personal names) are personally liable for all debts and legal actions against the business. Their personal assets (house, savings, etc.) could be at risk.

2. Boost Your Business Image

Additionally, by having “LLC” or “Inc.” in a business name may make the company appear more legitimate and professional, which can help when attracting investors, applying for business loans, and gaining client trust. While it might seem nominal, the suffix adds a measure of credibility and gravitas with potential clients and customers.

3. Enjoy Tax Flexibility

An individual who runs their business as a sole proprietorship has very few options when it comes to tax filings, whereas an entity allows for more versatility. An LLC can be taxed as a sole proprietorship, partnership, S corporation, or C corporation, depending on how an individual chooses to elect, providing the individual to optimize taxes based on their situation. There are multiple classifications of corporations. An S-corp enables pass-through taxation; avoids double taxation, while a C-corp has potential tax advantages on retained earnings but is subject to double taxation unless planned carefully. Inversely, a sole proprietor has no tax flexibility. All income is reported on their personal tax return (Schedule C), and they are subject to self-employment taxes on all profits.

4. Build a Stronger Business Foundation 

Formal entities provide a clear separation between personal and business finances as well as making it easier to build business credit and maintain legal protection.

An LLC or corporation can have multiple owners (members/shareholders) and is not tied to one person, making it easier to transfer ownership, bring on partners or investors, and continue operations if a member leaves or passes away. With a sole proprietor, the business ends with the owner and can be harder to transfer or sell.

Business entities such as LLCs or corporations provide for more formal structure with defined roles, governance, and rules (operating agreement, bylaws). Additionally, they can help prevent internal disputes and set clear expectations among owners or investors.

In sum, who Should Consider an LLC or Corporation?

  • Anyone worried about personal liability: Protect your assets!
  • Growing businesses: Hiring employees or seeking investment? Formalize your structure.
  • Businesses in “risky” industries: Healthcare, food services, consulting—consider the extra protection.
  • Those planning for the long-term: If you want to build a business that can continue beyond just you, an entity is crucial.

Don’t leave your future to chance. Contact us today to discuss forming an LLC or corporation in Texas.

 

Disclaimer: This blog post provides general information and not legal or tax advice. Consult with a legal and/or tax professional to determine the best entity type for your situation.

 

Categories Trusts & Estate Planning, Wills

Pour-Over Wills: The Hidden Gem of Texas Estate Planning

Author swb Categories Trusts & Estate Planning, Wills Posted on

Pour Over WillsAre you a Texan looking to secure your legacy? Let’s talk about a lesser-known but powerful tool in estate planning: the pour-over will. This legal document could be the secret ingredient to ensuring your final wishes are carried out smoothly and efficiently.

What Is a Pour-Over Will?

A pour-over will is a special type of will that works in tandem with a living trust. It acts as a safety net, catching any assets that you might have forgotten to transfer into your trust* during your lifetime. Essentially, it “pours” these leftover assets into your trust upon your death, ensuring everything is distributed according to your trust’s instructions.

Why Texans Should Consider a Pour-Over Will

1. Simplicity and Organization
With a pour-over will, you can rest easy knowing that all your assets will end up in one place – your trust. This simplifies the administration of your estate and reduces the chance of assets slipping through the cracks.

2. Privacy Protection
Unlike traditional wills, which become public record during probate, a pour-over will keeps the details of your asset distribution private. Only the existence of the trust is made public, not its contents.

3. Flexibility During Your Lifetime
You can continue to manage and use your assets freely while you’re alive. The pour-over will ensures that anything you haven’t transferred to your trust by the time of your death will still be included in your overall estate plan.

How to Set Up a Pour-Over Will in Texas

1. Create a living trust
2. Draft a pour-over will with an experienced attorney
3. Regularly review and update both documents

Remember, while a pour-over will can be a valuable tool, it’s most effective when used as part of a comprehensive estate plan tailored to your specific needs and circumstances. Don’t let your hard-earned assets fall into limbo. Consider adding a pour-over will to your Texas estate plan and pour yourself a tall glass of peace of mind.

The Estate Planning team at SWB, headed by Mr. Michael Weaver, can help you secure your legacy and provide peace of mind for yourself and your loved ones.

Contact us today for a free 30-minute consultation.

* The terms living trust and revocable trust are often used interchangeably, but there is a subtle difference:

  • A living trust (also called an inter vivos trust) is any trust created and funded during the grantor’s lifetime. Living trusts can be revocable or irrevocable.
  • A revocable trust is a specific type of living trust that the grantor can change or revoke at any time during their life. A revocable trust is always a living trust, but a living trust can be either revocable (changeable) or irrevocable (cannot be changed).
Categories Around Town, Attorney Accolades, Business Law, Congratulations, Construction Law, Litigation

SWB’s Jacob D. Thomas Named “Best of D” 2025 by D Magazine

Author swb Categories Around Town, Attorney Accolades, Business Law, Congratulations, Construction Law, Litigation Posted on

Attorney Jacob Thomas named Best of D 2025Jacob D. Thomas, partner at Saunders, Walsh & Beard, is being honored as “Best of D” 2025 for Construction & Business Litigation by D Magazine. Board Certified in Construction Law by the Texas Board of Legal Specializations, Jacob represents owners, general contractors, subcontractors, engineers, and suppliers in a broad range of disputes arising from commercial and residential construction projects.

Mr. Thomas emphasizes preparedness and draws on his knowledge and experience to formulate an approach that focuses on achieving his client’s goals as efficiently and effectively as possible. From the start of the case until its resolution, Mr. Thomas communicates with his client and offers him or her appropriate and useful guidance to enable his client to make informed decisions.

As a mediator, Jacob resolves conflicts involving commercial construction, residential construction, partner/shareholder litigation, and general business disputes. Jacob is one of only a handful of mediators based in Collin County focusing solely on commercial litigation.

In recognition of his ethical standards and exceptional results, Mr. Thomas has an Avvo “Superb” rating and an AV rating from Martindale, Texas Super Lawyers Rising Star (2015-2018), and Texas Super Lawyer (2020-present).

If you are facing challenges in construction or business litigation, don’t navigate these complexities alone. Contact Jacob D. Thomas today and discover how his expertise can help you achieve your goals efficiently and effectively. Visit Saunders, Walsh & Beard or call us at 214-919-3555 to get started.

Categories Trusts & Estate Planning

Don’t Let Your Texas Living Trust Become an Empty Shell

Author swb Categories Trusts & Estate Planning Posted on

Don’t Let Your Texas Living Trust Become an Empty Shell
The Critical Importance of Proper Funding

You’ve taken the smart step of creating a living trust in Texas to protect your assets and provide for your loved ones. But here’s a crucial fact many overlook: a living trust is only as effective as the assets you put into it. Failing to fund your trust fully can leave your estate plan with dangerous gaps, potentially negating many of the benefits you sought to achieve.

The Pitfalls of an Underfunded Trust

Probate Perils
The primary purpose of a living trust is to avoid probate, but this only works for assets actually transferred into the trust. Any assets left out may still need to go through the time-consuming and potentially costly probate process, defeating a key advantage of your trust.

Loss of Control
If you become incapacitated, only the assets in your trust can be managed according to your wishes by your chosen successor trustee. Unfunded assets may require a court-appointed guardian, limiting your family’s flexibility.

Tax Troubles
Proper trust funding is essential for maximizing tax benefits. An underfunded trust may lead to unexpected tax liabilities for your estate and heirs.

Family Friction
Discrepancies between your trust document and unfunded assets can create confusion and potentially lead to disputes among your beneficiaries.

Anonymity
Having all of your assets owned in your personal name makes it easy for creditors and potential plaintiffs to find your exempt property. Using your living trust as an anonymity shield can be your first line of defense against third-party liability.

Estate Planning Experts at SWB

Don’t let your living trust leave your family with that hollow feeling! We will help you “fund your trust” by moving your assets from their current ownership into your living trust. The Estate Planning team at SWB, headed by Mr. Michael Weaver, can help you secure your legacy and provide peace of mind for yourself and your loved ones.

Contact us today for a free 30-minute consultation.

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