Jim Boness

Jim Boness

I pride myself on personal service and collaboration with my Clients.
  • Business Law, Trademarks, Intellectual Property ...
  • Oregon
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Biography

I earned my law degree from Southern Illinois University in 2002, and have 2 decades of experience practicing law. For the first 14 years, I practiced criminal law, growing a very successful solo-attorney practice and gaining extensive courtroom and trial experience. However, as I grew as an attorney, I realized that my interests drew me to a different type of practice. This is where the idea for INTELLEQUITY® was born.

Based on this new interest, I took a few advanced law courses in intellectual property at John Marshall University Law School in Chicago, Illinois. Upon relocating to Portland, Oregon in 2017, I earned my MBA at Portland State University to better help me to understand and assist my clients’ with their business needs.

My recent experience includes trademark, copyright and other intellectual property-related services, business formation and business law. I am licensed to practice in state and federal court in Oregon as well as federal court in the Northern District of Illinois.

Practice Areas
Business Law
Business Contracts, Business Dissolution, Business Formation, Franchising, Partnership & Shareholder Disputes
Trademarks
Trademark Litigation, Trademark Registration
Intellectual Property
Entertainment & Sports Law
Communications & Internet Law
Internet Law
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Oregon
Oregon State Bar
ID Number: 140617
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Languages
  • English: Spoken, Written
Professional Experience
Owner/Attorney
INTELLEQUITY Legal Services, LLC
- Current
Started INTELLEQUITY in 2016, and have been providing personal, comprehensive and easy to understand business and intellectual property advice and services to all Oregonians. Areas of concentration include business formation, trademark registration, contracts, copyright and business law.
Owner/Attorney
Law Office of Jim Boness
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Operated a single-attorney criminal law practice in Joliet, IL for 12 years. Experience in pre-trial litigation, hearings and trials, discovery and Client satisfaction.
Education
Portland State University
MBA (2020) | Business
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Portland State University Logo
The John Marshall Law School
Advanced law classes in intellectual property
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The John Marshall Law School Logo
Southern Illinois University School of Law
J.D. (2002) | Law
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Honors: Max and Irene D'el Era Academic Scholarship Richard E. Richman Ethics Scholarship
Activities: President of SIU Sports Law Society (2000 - 2002)
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Awards
Max and Irene D'el Era Academic Scholarship
Southern Illinois University - Carbondale
Professional Associations
Oregon State Bar  # 140617
- Current
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Illinois State Bar  # 6278820
Attorney
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Activities: Criminal and Business Law Attorney
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Speaking Engagements
How to obtain an immigrant and non-immigrant visa, Lagos, Nigeria
First American Immigration Consultation Services
1 day seminar providing immigration information to Nigerian citizens who wished to come to the United States.
Certifications
Licensed A&P Mechanic
FAA
Websites & Blogs
Website
INTELLEQUITY Legal Services, LLC Website
Blog
INTELLEQUITY Blog
Legal Answers
21 Questions Answered
Q. Can I trademark a unique name for my software already used by retailers?
A: When you ask the question of whether you can trademark your mark, their are two basic criteria that must be met. The first is that enforceable trademark rights are limited to bona fide uses that reflect commercial use. This means that you must be using, or intend to use your proposed mark in commerce. Since it sounds like you may already be doing that with your mark, it would seem you have met that criteria.

The second basic criteria is a little more vague and it revolves around the uniqueness of the mark and the types of goods and services in which you are using it. The surest way to best keep from receiving any objection or opposition to your proposed mark is to do a thorough trademark search. This process involves identifying third-party trademarks, both registered and unregistered (common law), that are identical or similar to your proposed mark for the same or related goods or services. A comprehensive search typically includes federal, state, and common law sources including the United States Patent and Trademark Office registry and registries across all 50 states as well as common law searches through sources like the internet, trade publications and corporate directories.

Having said all of this, just conducting the search is not enough. Once you conduct a search, you really need to analyze the results of that search with all aspects of the mark. This includes comparing the text of any similar marks, the sounds of the marks (even if the spelling is not the same) the overall look or impression of the marks, the logos if any, and the relatedness of the class(es) of goods and services any competing mark(s) and your mark will have.

The more complete and thorough the search, the less chance you will receive some type of office action or opposition to the use of your mark and the better chance it will have to register.

Once you have done all of that and have gathered the proper files and chosen your class of goods and services, you then begin the process of registering your mark by filing an application with the USPTO. The application process and the information you put in there can be tricky at times, which is why hiring an attorney knowledgeable in trademark applications and law makes sense. Spending a little now, can save headaches and time and perhaps more money later.

Once the application has been filed, it is time to sit and wait until the USPTO picks up your application. This can take anywhere from six months to a year depending on the backlog of applications. Once picked up, the examiner starts his/her review and will notify you of any defects in the application, or of any objections to the mark or documentation provided with the application. If there are defects or objections, you will be required to respond to those in a timely manner or your application will be deemed abandoned.

If there are no objections or defects, the examiner, after reviewing the application, will then publish the mark in the Official Gazette, where other attorneys and companies who watch such things, can have a chance to object to any mark so published. That is called an opposition, which if received, will require a whole new set of steps to resolve.

If your mark makes it through the opposition period, you will at some point after that, receive a notification and certificate of registration.

Remember, the information just provided is not intended to be legal advice for your situation and does not and is not intended to create an attorney-client relationship. Please be sure to reach out to competent trademark counsel for a detailed review of your situation. Best of luck!
... Read More
Q. Can daycares charge for closed periods like holidays and breaks?
A: Typically this will be spelled out in any contract you have with the daycare, so my first suggestion to you is to look there. If the contract says they do not charge for those days but they are charging (or have charged) you, you have a basis to complain and perhaps even get any monies paid in error. It is common for daycare providers to include holiday charges in their policies, and such practices are generally enforceable if clearly outlined and agreed upon by both parties.

There is no explicit Oregon law that prohibits this practice. It is a matter free market supply and demand. If you do not like the practice, you can try to find a daycare that does not have such a policy. There may be other daycares out there that will not charge, you will just have to do some research, make some phone calls and see.

Another thing to consider is that in order to attract the best possible employees to watch after the children, an incentive the daycare can offer to its' employees is paid holidays, which of course, the cost they would want to pass on to their clients. Best of luck!

Remember, this information does not constitute legal advice and no attorney-client relationship is created with this communication. For legal advice and services or a review of any contract, please seek the assistance of a knowledgeable attorney.
... Read More
Q. How do I find out if my late father had a will in Oregon and if anything was left to me?
A: Under Oregon law, any person who has custody of a will is required to deliver it to the court with jurisdiction over the estate or to the personal representative named in the will within 30 days of learning of the testator's death. This ensures that wills are properly filed and accessible for probate proceedings.

You should check with the clerk of the Probate Court in whatever county in Oregon that he resided or had property to see if they can find a record of any type of filing related to your father's passing. If so, any interested person may petition the court for the appointment of a personal representative and for the probate of a will.

Remember, this information is not intended to be legal advice and is for general informational purposes only. This communication does not constitute or create an attorney-client relationship. For legal advice, you should consult with a licensed attorney in Oregon about your specific circumstances. ... Read More
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Contact & Map
INTELLEQUITY Legal Services, LLC
111 SW 5th Ave
Suite 3150
Portland, OR 97204
US
Toll-Free: (503) 877-0881
Telephone: (503) 877-0881
Monday: 9 AM - 4 PM
Tuesday: 9 AM - 4 PM
Wednesday: 9 AM - 4 PM
Thursday: 9 AM - 4 PM
Friday: 9 AM - 3 PM (Today)
Saturday: Closed
Sunday: Closed