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  • Deciphering Trademark Symbols: ® and ™
    2024/11/12

    Hello everyone and welcome back to 10 on Tuesday!

    Today, we’re tackling a common question that I hear all the time. People get this wrong, but we’re going to make sure you don’t make the same mistake. Here is it: “What is the difference between the ® and the ™ symbol?

    This might sound like a minor detail, but understanding the difference can help you protect your brand and avoid potential legal headaches. So, let’s dive in and get this straightened out once and for all.

    First things first, let’s cover the basics so we’re all on the same page. A trademark is anything that represents your brand—like your business name, logo, tagline, or even a product name. Those are the common ones, but it can also be a sound (like a jingle) or a color, like Tiffany’s pale blue, or even a design - both the style of the iphone is protected by trademark, and the layout of the apple stores.

    It’s what makes your business recognizable and distinct in the marketplace. It’s your brand’s identity and what sets you apart from competitors.

    The purpose of using symbols like ™ and ® is to show the world that you’re claiming ownership of your brand elements. But here’s the key: these two symbols mean very different things and have different levels of legal protection. Let’s break it down.

    Let’s start with the ™ symbol, which stands for ‘trademark.’ The ™ can be used by anyone who wants to claim ownership of a name, logo, or slogan, etc. even if it’s not officially registered with the government. It’s kind of like saying, “Hey, this is mine, and I’m using it in connection with my business.” Or “I’m trying this out right now, let’s see if it works.”

    Here’s the good news: you can start using the ™ symbol right away, as soon as you’ve decided on a name or logo. It’s a great way to put a little flag in the ground and tell the world, ‘I’m claiming this as part of my brand.’ However, keep in mind that using ™ does not give you the same legal rights as a registered trademark—it’s more of a public notice of your claim.

    For example, if you’re starting a new line of products and want to use a specific name, you can add the ™ symbol right next to it while you’re getting your business off the ground. It’s simple, free, and easy to do.

    Now, let’s talk about the ®. This symbol can only be used if you’ve gone through the process of officially registering your trademark with the United States Patent and Trademark Office (USPTO). It’s not just a claim; it’s a legal declaration that your trademark is protected under federal law. In this scenario, you have proclaimed your mark, your property, to the entire U.S. whether they have bothered to look for it or not. It’s like they have no excuse NOT to know.

    The registration process takes some time and costs money, but it’s well worth it for brands that want the protection. This is obvious for big brands like Nike or Starbucks—they have their names and logos registered, so you’ll always see the ®

    I’m Janelle Peyton, and welcome to 10onTuesday—the podcast where I answer one burning legal question in 10 minutes or less. No fluff, no confusing legal-eze—just real answers in plain english to help you grow and protect your business.

    This podcast is for smart, driven people like you—intelligent, entrepreneurial, and ready to take your business to the next level.

    If you found today’s insights valuable, head over to www.peytonlaw.com for show notes and helpful resources.

    Just a quick reminder: the information shared in this podcast is for general informational purposes only and isn’t legal advice specific to your situation. Listening doesn’t create an attorney-client relationship. For advice tailored to your business, please consult a qualified attorney.

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    12 分
  • Protect Your Privacy When Filing Beneficial Owership Forms
    2024/11/05

    Today's Question: What information must be disclosed about beneficial owners?

    This episode is all about PRIVACY. There’s been a lot of confusion around this, and no one wants to share any more personal information than is absolutely necessary. And they don’t want to share it with just anyone.

    So today, I’ll break down exactly what details need to be provided, why they’re required, and some DIY options to help you stay compliant without involving a ton of sharing of your personal data. This is especially helpful if you’re like most entrepreneurs who value privacy but still want to make sure you’re fully covered with beneficial ownership reporting.

    "Alright, let’s dive into the specifics. When it comes to beneficial ownership, the government wants to know certain details to help prevent financial crimes like money laundering and fraud. Here’s a quick rundown of what’s generally required:

    1. Full Legal Name – Each beneficial owner needs to be identified by their complete legal name, as it appears on official documents.
    2. Date of Birth – This is to confirm the identity and age of the beneficial owner. Nothing too complicated here, but it’s non-negotiable.
    3. Residential Address – This means an actual, physical home address, not a P.O. box or business address. This can be sensitive for some business owners, so I’ll get into how you can DIY this process to minimize exposure of your personal info in a moment.

    Now, these requirements are aimed at keeping things transparent about who actually controls and benefits from the company—not just who’s listed on the paperwork. While it may seem like a lot, knowing exactly what’s needed upfront can help you strategize and prepare, so there are no surprises down the line.

    So why all this personal data? It really comes down to accountability and security. Governments across the globe are trying to minimize activities like money laundering, tax evasion, and other financial crimes. Requiring business owners to disclose who’s really behind each business helps prevent people from using companies as a way to hide funds or avoid responsibility.

    Think of it like this: you need an IDs (usually a drivers license) to open a bank account, to prove you are a real human. It’s now the same with an entity - you open a company, you need to show that you are a real human.

    Beneficial ownership registration is meant to bring some of the same transparency into the business world. While I understand that not everyone is excited to share all of this information, knowing why it’s needed helps. It’s about making sure businesses operate fairly and responsibly. It is not about penalizing you as the owner (even though it might feel like it sometimes).

    Before we get into the tips I have for you, let’s talk about whether this even applies to your business. Some of you may be thinking, ‘I’m a solo entrepreneur or a small business owner—does beneficial ownership really matter for me?’ Here’s the thing: if you have any kind of legal entity like an LLC or corpo

    I’m Janelle Peyton, and welcome to 10onTuesday—the podcast where I answer one burning legal question in 10 minutes or less. No fluff, no confusing legal-eze—just real answers in plain english to help you grow and protect your business.

    This podcast is for smart, driven people like you—intelligent, entrepreneurial, and ready to take your business to the next level.

    If you found today’s insights valuable, head over to www.peytonlaw.com for show notes and helpful resources.

    Just a quick reminder: the information shared in this podcast is for general informational purposes only and isn’t legal advice specific to your situation. Listening doesn’t create an attorney-client relationship. For advice tailored to your business, please consult a qualified attorney.

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    11 分
  • The Surprising TRUTH Behand Business Success
    2024/10/29

    Resources: https://www.peytonlaw.com

    Today, we’re going to take this podcast is a slightly different direction. Today’s episode is about something every entrepreneur struggles with—feeling like everyone else has it all figured out… and the big secret I’ve learned… that, in reality, nobody has it figured out.

    In my years as an attorney, I’ve helped so many business owners, from launching new ventures and forming entities to buying, selling, and everything in between. If I’ve learned one thing from working with clients in every stage of business, it’s this: no one has it all together, even if they look like they do.

    Let’s get this out there—there’s no secret formula, no 'one right way' to build a successful business. I see so many entrepreneurs beating themselves up, feeling like they’re missing something, or thinking they should have it all mapped out by now. But here’s the truth: we’re all just doing our best.

    From entity formation to crafting solid (but understandable) contracts, I’ve been there with clients when they’ve hit high highs and low lows. I’ve worked with those who are just starting with a big idea and others selling a business they’ve spent years building.

    Working with entrepreneurs through every stage of business has given me a front-row seat to all the things you might not see behind the scenes. When we set up an LLC or corporation, I see the excitement of a fresh start mixed with anxiety about making the right choice. Or when a business is being sold, it’s not just about transferring assets and accounts—it’s about the emotions and the legacy that are tied up in that sale.

    And in between, there are so many moments of self-doubt and worry. Is this trademark going to protect my brand? Is this partnership going to last? What happens if it doesn’t?

    Over the years, I’ve found that my job is, maybe 1/3 law and legal advice, 1/3 business, and helping entrepreneurs understand which decisions weigh on the legal and which are truly business decisions, and the final 1/3 is the human element – it’s hand-holding, it’s being an outside view, coming from a level-headed position, of being my clients’ scape goat (just blame the attorney), and sometimes just an ear when they need to talk something out load.

    The more clients I help, and the more types of business I see the inside of, the more I realize that entrepreneurship is about staying adaptable, taking risks, and accepting that there’s always more to learn.

    Here’s what I know: real success isn’t about knowing everything upfront, or waiting until you have a detailed plan of action—it’s about small steps forward, showing up every day, learning, and adapting. Every successful business owner I’ve met has a story of how they either 'figuredit out' or how they stumbled onto some one or some thing that just worked. Some of them made mistakes, others had successes they didn’t expect, and many ended up in places they hadn’t planned to go.

    As entrepreneurs, we’re in the business of building

    I’m Janelle Peyton, and welcome to 10onTuesday—the podcast where I answer one burning legal question in 10 minutes or less. No fluff, no confusing legal-eze—just real answers in plain english to help you grow and protect your business.

    This podcast is for smart, driven people like you—intelligent, entrepreneurial, and ready to take your business to the next level.

    If you found today’s insights valuable, head over to www.peytonlaw.com for show notes and helpful resources.

    Just a quick reminder: the information shared in this podcast is for general informational purposes only and isn’t legal advice specific to your situation. Listening doesn’t create an attorney-client relationship. For advice tailored to your business, please consult a qualified attorney.

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    10 分
  • One Think You Can Do RIGHT NOW to Protect Your Business Next Year
    2024/10/22

    Here's the link I promised: https://peytonlaw.myflodesk.com/boiquiz

    Today’s topic is one you definitely don’t want to ignore. The question is: What are the penalties for failing to register beneficial ownership or for providing false information on beneficial ownership?

    Failing to register your beneficial ownership or providing false information isn’t just risky—it’s costly. The penalties are real, and the longer you wait, the bigger the potential fines. But the good news is, with the right information and a little bit of action, you can easily avoid these consequences.

    If you’re unsure about the process, I’m going to be offering a workshop in early November where we do your filing together, so check back for more information.

    To make this easier for you, I’ve put together a quick 2-minute quiz that will help you determine if you need to register. You can find it at… I’ll put the link a tthe top of the show notes. Let I said, it’s free and takes 2 minutes — no hassle, then therefore, no excuse to not do it. It will give you clear answers to help you figure out your next steps.

    So, what should you do next? First, determine if you’re required to register as a beneficial owner. If you own more than 25% of your company or have significant control over its operations, you’re likely required to report this information.

    If you’re thinking, 'I’ll deal with this later,' trust me—you don’t want to wait. The consequences for non-compliance are serious and could cost you more than just money."

    "Let’s get straight to why this matters for you as a business owner. In the U.S., beneficial ownership registration isn’t just a box to check off—it’s legally required. And if you fail to comply, the penalties are steep. We’re talking about daily fines, potential criminal charges, and even jail time in severe cases.

    So, if you own a business or plan to start one, it’s critical to understand what’s at stake. The last thing you want is to be blindsided by penalties for something you could easily avoid with the right information."

    If you’re not convinced yet, let’s break down the types penalties you could face:

    1. Fines: The most immediate consequence is financial. If you fail to register your beneficial ownership or provide false information, you could face fines of up to $500 per day until you’re compliant. That’s over $15,000 a month.
    2. Criminal Liability: This is where things get even more serious.
    3. And then let’s think about a third type of penalty -Reputational Damage.

    So, whether you’re running a solo operation or managing a growing business, these penalties apply across the board. Even corporations aren’t exempt."

    "You might be thinking, 'I don’t have time to deal with this right now.' I know, I get it, I’m a business owner too.But here’s the thing—not dealing with it could cost you a lot more time and money down the road. Being proactive now means avoiding those daily fines, potential legal battles, and so much

    I’m Janelle Peyton, and welcome to 10onTuesday—the podcast where I answer one burning legal question in 10 minutes or less. No fluff, no confusing legal-eze—just real answers in plain english to help you grow and protect your business.

    This podcast is for smart, driven people like you—intelligent, entrepreneurial, and ready to take your business to the next level.

    If you found today’s insights valuable, head over to www.peytonlaw.com for show notes and helpful resources.

    Just a quick reminder: the information shared in this podcast is for general informational purposes only and isn’t legal advice specific to your situation. Listening doesn’t create an attorney-client relationship. For advice tailored to your business, please consult a qualified attorney.

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    8 分
  • Did You Know? Benefical Owners Will Face Steep Fines.
    2024/10/15

    Here's the link to the quiz: www.peytonlaw.com/BOIquiz. It’s free, it’s easy, and it’ll help you move one step closer to knowing where you stand.

    Alright, so let’s start with the basics. The question this week is: What is beneficial ownership?

    This is a topic that every entrepreneur needs to understand.

    So, if you’re a business owner or entrepreneur, you’re in the right place. And whether you’re a solo entrepreneur or run a growing business, understanding who the real owners are—and I mean the true owners, not just those listed on paper—is essential.

    You may have heard any of these things: BOI, beneficial ownership, beneficial owner information, and FinCEN, Financial Crimes Enforcement Network. You may have heard about new penalties and regulations, all of these things refer to what I'm going to call beneficial ownership.

    So, first of all Why does this matter? I get it. You’re busy running your business and the last thing you need is more paperwork. But here’s the deal—this registration is now required in the U.S., (and many other countries) because of efforts to fight money laundering, tax evasion, and financial crimes. Governments want to know who’s really behind a business to prevent shady individuals from hiding behind complex ownership structures. Maybe you’ve seen the TV show “American Greed” well, they’re trying to eliminate future episodes.

    We know why know why it matters, but why does it matter to your business? First, understanding who the beneficial owners are—and making sure you disclose them properly—keeps you compliant with regulations. And this is no joke, we’re talking about over $500/day in penalties. Second, it protects you from potential legal and financial risks. Being compliant now means fewer headaches down the road, whether you’re raising capital, applying for loans, or going through an audit."

    Now that we’re all on the same page, let’s finally answer this question. What is beneficial ownership?

    Put simply, beneficial ownership refers to anyone who owns or controls at least 25% of a company. But it’s more than just the person who shows up on the paperwork as the owner. It’s about who really benefits from the business—hence the term, “beneficial owner.”

    So, for example, if you’ve started an LLC and you own 100% of it, guess what—you’re likely the beneficial owner. Easy, right? But let’s say you have a partner, and the two of you split ownership 50-50. In that case, both of you would be considered beneficial owners.

    But it doesn’t stop there. Even if someone doesn’t officially “own” part of the business on paper, if they have significant influence or control—like maybe they help run the business or make decisions—they might still be considered a beneficial owner.

    In the simplest terms, beneficial ownership refers to the person who truly owns or controls a business, even if someone else is listed as the legal owner. It’s the individual who enjoys the benefits of ownership, like profits or decision-making

    I’m Janelle Peyton, and welcome to 10onTuesday—the podcast where I answer one burning legal question in 10 minutes or less. No fluff, no confusing legal-eze—just real answers in plain english to help you grow and protect your business.

    This podcast is for smart, driven people like you—intelligent, entrepreneurial, and ready to take your business to the next level.

    If you found today’s insights valuable, head over to www.peytonlaw.com for show notes and helpful resources.

    Just a quick reminder: the information shared in this podcast is for general informational purposes only and isn’t legal advice specific to your situation. Listening doesn’t create an attorney-client relationship. For advice tailored to your business, please consult a qualified attorney.

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    8 分
  • 10 on Tuesday Trailer
    2024/10/06

    Hey there, I’m Janelle Peyton, and welcome to 10 on Tuesday—the podcast where I answer one burning legal question in 10 minutes or less. No fluff, no confusing legal-eze—just real answers in plain english to help you grow and protect your business.

    This podcast is for smart, driven people like you—intelligent, entrepreneurial, and ready to take your business to the next level. Whether you’re running your own company or dreaming of starting one, 10 on Tuesday is here to share the legal insights you need, without wasting your time.

    Got a question? Great! we want to hear from you. Just head over to submit it at www.peytonlaw.com/10ontuesday and don’t forget to hit subscribe so you never miss your weekly 10 minutes of business-changing information.

    I’ll see you every Tuesday!

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    1 分