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Archive for the ‘Name Change’ Category

Name change FAQ

Monday, February 4th, 2008

How can I change my name?
In most states, you are required to have residency in the county and state before you file for a name change. A person is not permitted to change his or her name to take advantage of any other person. You must be file the appropriate documentation in court in order to properly change your name.

Are there any restrictions placed on new names?
Yes, there are certain restrictions placed on selection a new name. Choosing the same name as a famous person can be difficult. Trademarked names and company names are all protected under copyright law.

Do I have to notify anyone of the name change?
After you have filed a name change petition in court, you must provide notice to the public in order to avoid false name changes. Notice requirements fall into two separate categories: public notice and Notice to affected individuals and agencies. You can issue a public notice through a general circulation newspaper in your town or county informing the public that a name change petition has been filed.

Do I have to pay a fee to change my name in court?
All courts are paid a filing fee unless you are unable to pay or another there is another justifiable explanation. Filing fees vary from state to state.

Could a name change appeal be denied?
A name change appeal can be denied if you are changing your name in order to avoid legal action, debts or other financial obligations or court judgments.

What is basically involved in a court ordered name change?
There are three basic steps to changing your name legally. The first step is to file the action in court with the applicable forms and fee. In some states you may have to publish a notice in a local newspaper stating that the action has been filed.

How is a name change for a minor different from an adult?
If a minor is changing his or her name, he or she must have a parent filed the petition. Consideration is given to whether the name change is in the best interests of the minor. Issues such as custody and parental notices are carefully examined.

Do I have to go to court?
Depending on state law, after filing all of the applicable forms, you may be required to return to the courthouse to file appropriate documentation such as a copy of the notice of the name change informing the public.

Can individuals object to my petition for a name change?
If an individual disapproves of the name change, he or she can make an objection to the court. Any objection made to the court may influence the court’s finding as to whether or not the change of name is unnecessary or a threat to public interests.

When does a name change take effect?
A name change can typically take anywhere from 30 to 90 days to become official. This all depends on when you file the name change petition and the court’s

If When to find a patent lawyer

Saturday, January 12th, 2008

If you are an inventor and have come up with a new product, process or idea, then it’s best to find a patent lawyer to help you with filing for a patent. The application process for patents is extremely complex and difficult to get through, so much so that a non-lawyer may have difficulty getting the documentation completed and correct. Hiring a patent lawyer will ensure that the process is done easily, promptly and correctly. There are a number of restrictions on patents on what can and can not be patented. Your patent lawyer will also be able to help you ascertain if your invention is able to be patented or not. Some of the restrictions on patents include:

  • Any laws of nature
  • Physical phenomena
  • Literary, musical, artistic or dramatic works – however they can be copyright protected.
  • Or, inventions which are:
                Not useful
                Offensive to public morality

 
Utility patents provide for something that is new, not obvious and useful for:

  • Processes
  • Machines
  • Articles of production
  • Compositions of matter
  • Improvements to any of the above.

Patented products must be:
·        Not obvious
·        An  innovative idea
·        Adequately described or enabled
·        Applied for by the inventor in clear terms.

A patent lawyer is the best person to help you the your patent dispensation needs, including gaining a full patent, filing for the patent and above all, searching for other existing patents. The patent process is long and laborious and quite intricate and overwhelming for someone who is not a patent lawyer. A patent lawyer can help you out immensely with the process and ensure that it is done correctly so that you don’t have to worry about patent infringement or copyright infringement on other people’s inventions.

Infringing on a patent can be quite severe if the other person, people or company can prove that you did not do your due diligence to find an existing patent, or that you found it and ignored it. The penalties that are awarded by the courts can literally ruin you for life financially and socially. With all that there is to consider in patents, hiring a patent lawyer should be done as soon as you are ready to launch your invention, or before that, if possible. There are thousands of patents that are applied for everyday, and it is highly possible that more than one of the same type of ideas exist. There is a lot of help available for you with your patent and your invention. The best person to direct you to that help, especially for marketing and creation is a patent lawyer. They have all the information you require to get your patent filed and off the ground. The patent lawyer will also be able to help you with many of the other aspects of filing for a patent, primarily the searching of the patent records in the United States and in other countries, which can be a daunting and difficult task.  

Are There Legal Name Change Restrictions?

Saturday, January 12th, 2008

If you want to change your name, there are a few restrictions that you should be aware of. Those limitations are:

  • You may not legally change your name for fraud in order to get away with something or do something illegal such as avoiding debts, keeping from being sued or getting away with a crime of any kind.
  • You can’t change your name to interfere with the rights of other people which usually means that you want to change your name to that of a famous person with the intent to mislead others. Most judges will not allow you to change your name to that of a famous person unless you can convince them you have reasons that are completely unrelated to the famous person and are reasonable in their own rights. Therefore, you can not change your name to “Brad Pitt” or “George W. Bush” without good cause and reasons.
  • You can not change your name to one that would be deliberately confusing, such as punctuation or a number. You can not name yourself “9” or “VII” or even “!”.
  • You can not change your name to one that is a racial slur.
  • You can’t change your name to anything that could be measured as a fighting word, which includes obscenities and fighting words or any word or words that may incite violence.

  There are many people in history who have odd names, and even names that have contained numerals, although most often they are spelled out completely. Even more people are beginning to name their children with proper nouns – words that are words in common English language but aren’t commonly used as names. Some prime examples are:

  • Apple Martin (daughter of actress Gwyneth Paltrow and Chris Martin.)
  • Bluebell Madonna Halliwell (daughter of ‘Spice Girl” Geri Halliwell.)
  • Depressed Cupboard Cheesecake (The child of a couple in Kent, England.)
  • Loser Lane (A New York Police Department sergeant.)
  • Miroslav Šatan. (NHL Hockey Player – last name is pronounced Shah-tahn).
  • Reverend Canaan Banana (The first President of Zimbabwe.)
  • Peerless Price, (A wide receiver for the Buffalo Bills).
  • Picabo Street (Her first name is pronounced it “Peek-a-Bow”, not “Peek-a-Boo” and she is an American skier.)
  • Poppy Montgomery, born Poppy Petal Emma Elizabeth Deveraux Donahue. (An Australian-born actress who starred in the television series the. Poppy’s family has some odd names too – her brother is named Jethro Tull, and her sisters are named Rosie Thorn, Daisy Yellow, Lily Belle and Marigold Sun.
  • Yahoo Serious (An Australian actor known from the television show Young Einstein.)

While it may seem ‘interesting’ to name your child or change your name to something a little odd, there are some names that will be rejected by the courts, even if you are naming a new born child. It’s best to familiarize yourself with the laws surrounding name changes to ensure that the name you want to change yours to is allowed by the state. In most states, you can just assume a name without being required to go to court, however not all states uphold that federal law.

How can I legally change my name?

Saturday, January 12th, 2008

There are a few ways that you can legally change your name, and any one can change their name; however there are a few restrictions to watch for.

You can change your name to your common law spouse’s last name by usage only, which means you just start using the name with no court action and at no cost to you for lawyers fees. However, in order for government agencies and private companies, such as banks, you will need an official court order that changes your name before they will accept it.

After a divorce, if you are changing back to your maiden name, you can usually just begin to use it. You will need to provide proof of your name change, such as a divorce decree and that should be enough. After a marriage, your marriage certificate is enough to warrant your name change. However, if you and your spouse are both taking on a new, different name for both of you, you will need to get a court order.

Regardless of how you change your name, either by court order or by simple usage, the most important portion of changing your name is telling others that you’ve taken a new name. It’s common procedure for all people to contact everyone and it may take some time, especially to contact businesses and other government agencies.

The steps of changing your name are:

Inform businesses and officials that you have changed your name. Ask them to change your name on their records.
Tell your family and friends that you’ve changed your name and to use your new one. It may take some time for those people closest to you to use your new name and some may even object to using it. You have to be both persistent and patient with family and friends.
Use your new name in school or at work. Introduce yourself by your new name to new people and businesses.

Changing your name doesn’t have to be a daunting procedure, even if you have to file for a court order. Changing your name does take patience, even if you don’t have to file with the courts. It’s not always easy though to have your old friends and close relatives to use your new name – it’s hard for them to associate your face with a new sound and in some cases they may fear that the person they know – the person who went by your old name – has somehow changed. It’s important that you are persistent with them, yet patient – it’s hard enough to get used to the concept and putting it into practice is a whole new ball game.

When you contact businesses, they may request a change of name certificate, a copy of your marriage certificate or a copy of the court order that changes your name. This is especially true for any government agency, and they won’t change your name on their records for simple use – you must have a court order.

Do I Need An Attorney?

Saturday, January 12th, 2008

If you are planning to change your name, there are a few things you need to consider. One of those things is the need for an attorney. It is important to consult an attorney regarding any legal matters, including changing your name.

Some of the documentation that is required to legally change your name can be quite complex. Having an attorney draw up the papers for you instead is wise as your attorney will understand all the documentation and how it is required to be filled out by the courts. Subsequently, your attorney should also explain to you the full effect of changing your name and all that will be required.

There are many reasons why people change their name – many do it because they do not like their original name while others do it for marriage and divorce proceedings. Still, others change their names to avoid harassment from other people and potential harm.

To change your name for marriage, you will need to change all of your accounts, your identification cards and important documents as well as your driver’s license. Many states require that you have a certified copy of your marriage certificate in order to change your name on any government documentation, such as driver’s licenses and Social Security Cards.

If you are changing your name after a divorce, the easiest way to do it is to have the judge that handles your divorce restore your maiden name. Be sure that you receive a few certified copies of the documentation as many states require that you have certified copies in order to change your name on any government documentation, such as driver’s licenses and Social Security Cards.

There are also instances in where a parent would want to change a child’s name which usually occurs when the mother remarries. Child name changes are often granted by the courts after the judge reviews competing interests, such as:

The length of time the child has used the name
The mother-child relationship
The need of the child to feel apart of and identify with a new family unit created by marriage, and,
Balancing with the strength of the relationship the child has with the father.

If you want to change your name, there are a few restrictions that you should be aware of and your attorney can help you figure out if your name fits within those limitations. The generalized limitations are:

You may not legally change your name for fraud in order to get away with something or do something illegal.
You can’t change your name to interfere with the rights of other people.
You can not change your name to one that would be deliberately confusing, such as punctuation or a number.
You can not change your name to one that is a racial slur.
You can’t change your name to anything that could be measured as a fighting word.

Hiring an attorney to help you with your legal name change is always a wise move, in order to ensure that your name change will be fully and legally binding.

The Cost Of A Legal Name Change

Saturday, January 12th, 2008

The costs associated with changing your name legally are wide in variety and depend on the avenue that you choose.

If you choose just to assume a name, the costs are limited to only the charges you will incur from businesses, credit card companies, etc., to change your name on their accounts and have new cards issued to you.

If you choose to legally change your name with a court document, the costs rise a bit, however they too also depend on the avenue you choose.

If you plan to fill out the court order documentation yourself, you can change your name for the cost of filing paperwork with your local court, which can be as little as one hundred dollars.

However, if you change your name using an attorney, you can expect the bill to be higher, usually around a thousand dollars for all their work.

On top of the costs to change your name legally with the courts and / or with a lawyer, you will also have the costs of changing all of your documentation. The documentation you will need to consider changing include:

Your driver’s license Your credit card accounts Your bank accounts Your Social Security Number and Card Your Birth Certificate Any of your ‘point cards’ from stores Your accounts at stores Your online accounts Internet usernames Internet sign up information Your business cards And more.

Many of the documents that you will need to have changed will incur a fee for you as well. You may also have to pay for a certified copy of your legal name change certificate or marriage certificate to prove that your name has legally been changed. Many states, as well as businesses, require that you have certified copies of your name change documentation in order to change your name with them.

Don’t forget that there are legal restrictions to what your name can be, as well, you may want to consider the length of your new name as well. In some instances, if your name is too long, it will not fit on your credit card or even your driver’s license. Many women and men are hyphenating their last names to reflect a new family unit. However if both last names are 15 letters long that can total 33 spaces on a card, not including your first name, and if your first name is exceptionally long, you may want to consider revising your name choice. The basic restrictions on name changes are:

You may not legally change your name for fraud in order to get away with something or do something illegal. You can’t change your name to interfere with the rights of other people. You can not change your name to one that would be deliberately confusing, such as punctuation or a number. You can not change your name to one that is a racial slur. You can’t change your name to anything that could be measured as a fighting word or profane word.