How to Protect Your Brand with Trademarks

Understanding how trademarks work is so important for protecting your brand. Here's what you need to know:

1.    Choose a Strong Trademark:

Choose a trademark that’s distinct and unique to your area of business. If you want to be able to protect your mark, avoid using generic or descriptive terms that are difficult to protect. The stronger your trademark, the easier it will be to enforce your rights against infringers.

2.    Make Sure You Run a Comprehensive Trademark Search:

Before choosing a brand name, product name, logo, or tagline, hire an attorney to conduct a comprehensive search. That way, you can make sure any marks you want to use aren’t already in use by someone else in a similar field. You’ll need to search more than just the USPTO's trademark database, search engines, and domain names.

3.    Don’t Forget to Register Your Trademark:

Registering your trademark with the United States Patent and Trademark Office (USPTO) provides several benefits, including nationwide protection, legal presumption of ownership, and the ability to use the ® symbol. An experienced trademark attorney can help you with the application and registration process.

4.    Use Your Trademark Properly:

It’s important that you consistently use your trademark in connection with your goods or services to establish and maintain your rights. You’ll also need to monitor and enforce others’ usage to prevent the dilution or loss of your trademark rights.

5.    Protecting Your Trademark:

If you want to continue to protect your trademark rights, you’ll need to be vigilant in monitoring your trademark for unauthorized use and infringement. Act quickly if there are any instances of infringement with cease and desist letters, negotiations, or legal action if necessary. A trademark attorney can help you determine the best course of action.

6. Renewing and Maintaining Your Trademark:

You’ll need to regularly renew your trademark to maintain its validity and protection. Keep all renewal deadlines on your calendar and make sure you renew on time to avoid abandonment of your trademark.

Trademark law is complex, so having an experienced attorney who can provide valuable guidance on trademark selection, registration, enforcement, and maintenance is key to making sure your brand’s protected.

Not sure where to start with your trademarks? We’re here to help!

9 Key Terms to Include in Your Group Coaching Terms of Use

Creating terms of use for your group coaching program is so important in establishing clear guidelines and expectations for your clients. Here are 9 key elements to include in your group coaching program terms of use:

1. Program Description:

Provide a detailed description of the group coaching program, including the scope of the program, topics covered, duration, format (e.g., online sessions, workshops), how long any sessions are, any materials or resources provided to participants, and any other deliverables.

2. Payment and Fees:

Make sure you clearly outline the payment terms, including fees, payment schedule, accepted payment methods, and any refund or cancellation policies.

3. Confidentiality:

Have provisions to protect the confidentiality of information shared during the group coaching sessions. Participants should agree not to disclose sensitive, proprietary, or personal information shared by other participants or the coach.

4. Code of Conduct:

Establish a code of conduct outlining expected behavior for participants, including respectful communication, and adherence to your program guidelines. Clearly define consequences for violations of the code of conduct, such as removal from the program.

5. Intellectual Property Rights:

Make sure you clearly explain who owns the intellectual property rights to the program materials, including any handouts, worksheets, or recordings provided to participants. Participants should agree not to reproduce, distribute, or sell program materials without permission. Don’t forget this step!

6. Disclaimer of Liability:

Include a disclaimer to minimize your liability. Encourage participants to consult with a qualified professional for personalized advice or assistance.

7. Termination, Refund, and Chargeback Policies:

Define the conditions under which either party can terminate the participant's involvement in the program, as well as any applicable refund policies.

8. Governing Law and Jurisdiction:

Specify the governing law and jurisdiction that will apply in case of disputes arising from the terms of use.

9. Amendment Clause:

Reserve the right to amend or update the terms of use as needed and specify how participants will be notified of any changes.

We highly recommend having a lawyer draft your group coaching contracts. They can help you properly include these key elements in your group coaching program terms of use, establish clear guidelines and expectations for participants, protect your intellectual property, and minimize potential conflicts or misunderstandings. And don’t forget to review and revise the terms regularly to make sure they’re still relevant and effective for your program!

Need help with your Group Coaching contracts? Book a discovery call below.

7 Key Contract Terms for Content Creators

Contracts are such important tools that help protect the rights and interests of content creators. When written properly, they provide legal security, help you make sure you’re fairly compensated, and set out clear expectations for everyone involved.

In this blog post, we'll get into the key elements of contracts for content creators and why they're important.

Here are 7 of the most important things to cover in your content creation contracts:

1. Parties Involved.

You’ll need to clearly identify who is involved in the agreement, including the content creator, client, and any third parties.

2. Scope of Work.

In every contract, you need to make sure you clearly define the project's scope, including all deliverables, deadlines, milestones, and any specific requirements or limitations. Don’t forget to specifically spell out what happens if a deadline isn’t met or payment isn’t made.

3. Compensation.

Make sure the payment terms, including rates, payment schedule, invoicing process, any additional expenses or royalties, and what happens in the event of a payment failure, are clearly explained.

4. Intellectual Property Rights.

This is where a lot of contracts go wrong. Make sure your contract is crystal clear as to how intellectual property rights to the content are being handled. Will you keep the rights to the content and license it out, or will you transfer the rights to your client? If you’re licensing the content, be very clear about how long the license is for and what formats your client can use it in. This needs to be clearly explained and understood by all parties.

5. Termination Clause.

Make sure your contract clearly explains the conditions under which either party can terminate the agreement, including notice periods and any consequences of early termination.

6. Confidentiality.

If there’s anything about the project that needs to be kept confidential, make sure you include provisions to protect that confidential information to ensure it remains private and secure.

7. Limitation of Liability and Indemnification Terms.

Don’t forget to define each party's responsibilities regarding legal liabilities, including indemnification clauses to protect you against potential lawsuits or claims.

Properly written contracts are vital tools for content creators to protect their rights, ensure fairness, and establish clear expectations. By understanding these key elements needed and working with an experienced lawyer, you can confidently navigate contract negotiations and protect your creative works.

Are you a content creator who needs help with your contracts? We’re here to help.

Contracts for Online Business Coaches

Contracts are essential for protecting any online business. They’re just as important in the online business coaching realm. When written properly, they protect yourself and your clients, clarify expectations, promote goodwill between the parties, and outline the terms of your coaching services.

Here's why you need contracts and what they should include:

1.    They Clarify the Expectations of the Parties.

Contracts help establish clear expectations between you and your clients regarding the scope of your coaching services, the duration of the engagement, and the goals to be achieved. This reduces the likelihood of misunderstandings or disputes down the line.

2.    They Define the Responsibilities of the Parties.

Contracts outline the responsibilities of both parties, including the coach’s obligations to provide coaching services and the client's obligations to make payment and participate fully in the coaching process. This helps make sure both parties understand their roles and commitments.

3.    They Set Boundaries.

If you’re a business coach, you definitely know how important boundaries are in running a business.

Contracts can establish boundaries around communication, availability, and confidentiality. For example, you can specify the preferred methods and frequency of communication, your availability for coaching sessions, what happens if there’s a delay in communication or a payment failure, and the confidentiality of client information.

4.    They Protect Intellectual Property.

Don’t forget about your intellectual property! It’s such an asset and is essentially the lifeblood of any coaching business.

If you provide proprietary coaching materials or techniques, your contracts should include provisions to protect your intellectual property rights. This may include clauses addressing ownership of materials developed during the coaching engagement and restrictions on the client’s use or disclosure of those materials.

5.    They Help Manage Payment.

Your Contracts should clearly outline the fees for your coaching services, including your specific payment terms, billing procedures, and any additional expenses or charges. This will help you make sure both parties are aware of the financial terms of the engagement and reduces the risk of payment disputes.

6.    They Address Termination and Refunds.

To promote customer service and address potential future issues, your contracts should also include provisions addressing what happens if the coaching relationship is cancelled, including circumstances under which either party may terminate the agreement and any applicable refund policies. This protects both parties if the coaching engagement needs to be ended prematurely.

7.    They Limit Liability.

In most states, you can limit your liability as a business coach, so make sure your contracts have the appropriate clauses limiting your liability for certain types of damages or losses. This will help you protect yourself from potential legal claims or disputes that may arise during the engagement.

8.    They Help You Comply with Legal Requirements.

Your contracts can help make sure your coaching services comply with applicable laws and regulations governing coaching relationships, like consumer protection laws and privacy regulations.

What to Include In Your Business Coaching Contracts

When drafting contracts for your coaching business, consider including the following elements:

Introduction and Definitions: Clearly identify the parties involved and define key terms used throughout the contract.

Scope of Services: Describe the coaching services you’ll provide, including the frequency and format of coaching sessions, communication methods, and any additional services or resources.

Fees and Payment Terms: Specify the fees for your coaching services, payment schedule, accepted payment methods, and any late payment penalties or charges.

Term and Termination Terms: Outline the duration of the coaching engagement and the circumstances under which either party may terminate the agreement, as well as any notice requirements.

Confidentiality Terms: Include provisions protecting the confidentiality of client information and prohibiting the disclosure of confidential or proprietary information shared during coaching sessions.

Intellectual Property Terms: Address ownership of any coaching materials, tools, or techniques developed during the coaching engagement, and establish the client's rights to use or reproduce such materials.

Limitation of Liability Terms: Limit your liability for any damages or losses arising from the coaching relationship, subject to applicable legal requirements.

Dispute Resolution Terms: Specify the preferred method of resolving disputes, such as mediation or arbitration, and the governing law that will apply to the agreement.

Miscellaneous Provisions: Include any additional terms or conditions relevant to your coaching services, such as indemnification, force majeure, or non-solicitation clauses.

It's so important to tailor your contracts to your specific coaching business and speak with an attorney to make sure your contracts are legally enforceable and adequately protect your interests.

A well-drafted contract can provide peace of mind for both you and your clients and help foster a successful coaching relationship. 🥰

What Business Owners Need to Know About the Corporate Transparency Act

The Corporate Transparency Act isn’t just for corporations. This law requires many small businesses (“Reporting Companies”) to report information about the ownership of their company to FinCen, and it has steep penalties for not complying.

Most LLCs need to comply with these requirements. Some sole proprietorships and partnerships need to comply as well.

Reporting Companies Must Report Beneficial Ownership Information.

It requires Reporting Companies, including most LLCs, to report information on anyone who has “a significant ownership interest” in the company. Having a “significant ownership interest” includes owning at least 25% in the company or having “substantial control” over the reporting company. If a non-owner reports the information on your company’s behalf, they may also need to report their information.

What Needs to Be Reported.

Every business subject to this law must provide their business name, any names they do business under, addresses, jurisdiction the business is registered in, and their Tax Identification Number.

Beneficial owners must report the following information:

-       Name

-       Address

-       Birthday

-       Driver’s License, State Identification, or Passport Number

-       Jurisdiction/State of Identification Documents

You NEED to Regularly Update This Information.

Importantly, businesses will need to update their filings pretty much as soon as anything changes, personally and in the business. This includes updating your personal address, legal name changes, changes of ownership, changes in business address, and changes in your business name. If anything at all changes in your business or even in your personal life, it’s important to evaluate whether you need to make any changes to your BOI filing.

The Penalties for Not Complying.

Noncompliance could land you in hot water civilly and criminally, including civil penalties of up to $500 for each day that the violation continues, or criminal penalties including  imprisonment for up to two years and/or a fine of up to $10,000.

When You Need to File.

If you formed your company prior to January 1, 2024, you have until January 1, 2025 to comply. If you formed your company on or after January 1, 2024, you need to file within 90 days of the date you formed your company. 

If you form your company in 2025, you will have 30 days from the date you formed your company to file your BOI report.

If there are any changes to any of the reporting information, you must update your filing to reflect those changes withing 30 days of those changes. These include but aren't limited to:

-       Any change in the information reported

-       Name changes (business and personal)

-       Address changes (business and personal)

-       Identification changes (including renewals)

-       Death of an owner

-       Changes in ownership

Because of the stiff penalties associated with failure to properly complete or update your BOI filing, we highly recommend having an experienced attorney assist you with your BOI filings and giving an attorney a call every time there is an update with your business, whether that’s personally, through a change in ownership, or change in the structure of your business.

For more information on the reporting requirements, check out FinCen’s Guide here.

If you need help navigating your BOI filing with FinCen, book your discovery call below.