TAKE CONTROL OF YOUR NAME, BRAND, AND CREATIVE LEGACY

To ensure the legitimacy and legal foundation, reference specific banking laws, compliance regulations, and relevant Uniform Commercial Code (UCC) provisions that support the lawful structuring of receivables, intellectual property monetization, and leveraging contracts for financial gain. Below is a detailed breakdown of applicable laws and regulations that provide credibility and legal backing for the strategies being introduced.

1. Banking Compliance Regulations & Consumer Protection Laws

These laws govern financial transactions, securities, and commercial contracts, ensuring that receivables, intellectual property rights, and financial instruments are recognized and enforceable.

Bank Secrecy Act (BSA) & Anti-Money Laundering (AML) Compliance

• 12 U.S.C. §§ 1829b, 1951-1959

• 31 U.S.C. §§ 5311-5332

• Enforces proper documentation and reporting of financial transactions to prevent fraud.

• Ensures that financial institutions recognize legitimate receivables and legally structured payment arrangements.

Dodd-Frank Wall Street Reform and Consumer Protection Act (2010)

• 12 U.S.C. § 5301

• Establishes consumer financial protections that regulate lending, credit agreements, and the enforcement of financial instruments.

• Ensures transparency and accountability in financial transactions, relevant when structuring receivables as assets.

Truth in Lending Act (TILA) - Regulation Z (1968)

• 15 U.S.C. § 1601 et seq.

• Governs lending and financing structures, including contracts for receivables and intellectual property-backed loans.

• Requires clear disclosure of terms in agreements that involve payment plans or deferred compensation.

Fair Credit Reporting Act (FCRA) (1970)

• 15 U.S.C. § 1681

• Governs how payment obligations and receivables are reported to credit bureaus, impacting creditworthiness and financing eligibility.

2. Uniform Commercial Code (UCC) - Secured Transactions & Receivables

The UCC establishes a framework for commercial transactions, making it highly relevant for structuring contracts, receivables, and intellectual property monetization.

UCC Article 9 - Secured Transactions (Receivables & Collateralization)

• UCC § 9-102: Defines security interests in receivables, allowing contracts to be leveraged as assets for financing.

• UCC § 9-109: Establishes the scope of security interests, including intellectual property, trademarks, and accounts receivable.

• UCC § 9-203: Defines the enforceability of security interests in receivables and intellectual property-backed financial agreements.

• UCC § 9-310 & § 9-311: Governs the proper filing of security interests with state registries (e.g., UCC-1 filings).

UCC Article 3 - Negotiable Instruments

• UCC § 3-104: Defines legally enforceable negotiable instruments, which include payment agreements structured as promissory notes or receivables.

• UCC § 3-305: Outlines defenses against unauthorized claims on a negotiable instrument.

UCC Article 4 - Bank Deposits & Collections

• UCC § 4-102: Governs financial institutions' obligations when handling deposited funds from receivables.

• UCC § 4-210: Establishes a bank’s security interest in items it processes, applicable when using receivables as collateral.

UCC Article 8 - Investment Securities

• UCC § 8-102: Defines securities that include financial instruments, receivables-backed assets, and intellectual property securitization.

3. Intellectual Property Protection & Monetization Laws

Artists, businesses, and financial strategists can legally secure and monetize their brands and creative works through intellectual property laws.

U.S. Trademark Laws

• Lanham Act (15 U.S.C. §§ 1051-1127)

• USPTO Regulations (37 CFR Part 2)

• Provides protections for business names, artist names, and brand trademarks.

• Ensures ownership rights that can be leveraged in licensing, contracts, and receivable structures.

U.S. Copyright Laws

• Copyright Act of 1976 (17 U.S.C. §§ 101-810)

• Digital Millennium Copyright Act (DMCA) (17 U.S.C. §§ 1201-1205)

• Governs the ownership of creative works, ensuring that artists maintain full control over their intellectual property.

Intellectual Property as a Monetizable Asset

• UCC § 9-203 (Security Interest in Intellectual Property)

• UCC § 9-502 (Filing of Financing Statements for Intellectual Property)

• Allows creators to structure royalty-based contracts that can be sold to investors or financial institutions.

4. Enforcement & Legal Recourse Against Unauthorized Use

To protect trademarks, copyrights, and contractual receivables, enforcement mechanisms are critical.

Cease and Desist with Fee Schedules for Violations

A properly structured Cease and Desist Order should include:

1. Demand for Immediate Compliance (with a deadline for action).

2. Initial Use Fee (for unauthorized use before removal).

3. Continued Use Penalty (for each additional day of non-compliance).

4. Legal Action Warning (enforcement via administrative proceedings, UCC lien filings, or lawsuits).

U.S. Laws for Enforcement

• 15 U.S.C. § 1116 – Injunctive relief for trademark infringement.

• 17 U.S.C. § 502 – Injunctions for copyright infringement.

• 17 U.S.C. § 504 – Statutory damages for copyright infringement.

• 15 U.S.C. § 1125 – Civil liability for false representation and unauthorized brand use.

5. How This Supports Artists & Entrepreneurs

By understanding and applying these laws, artists, business owners, and independent financial strategists can:
✔️ Secure legal ownership of their name, brand, and creative works.
✔️ Leverage their intellectual property for funding, licensing, and investment.
✔️ Structure receivables-based contracts that can be sold to brokers or financial institutions.
✔️ Enforce their rights against unauthorized use through lawful claims, administrative remedies, and penalties.
✔️Gain credibility with banks & investors by aligning their contracts with recognized financial standards.

This legal foundation ensures that your strategy is backed by legitimate laws and regulatory standards.

GENERAL DURABLE POWER OF ATTORNEY

For Intellectual Property, Business, and Financial Transactions

I. PARTIES

This Power of Attorney ("POA") is made this [DATE], by and between:

• Principal: [Your Legal Name] ("Principal"), the creator, owner, and legal authority over all assets, including intellectual property, business interests, and financial transactions.

• Agent: [Your Legal Name] ("Agent"), who is authorized to act on behalf of the Principal in all matters defined within this agreement.

II. DECLARATION & DUAL ROLE ACKNOWLEDGMENT

I, [Your Name], in my capacity as Principal, hereby grant full authority to myself, acting in my capacity as Agent, to represent and manage my business, intellectual property, financial transactions, and contractual obligations under the terms specified in this POA.

III. GRANT OF AUTHORITY

My Agent shall have full authority to act on my behalf in the following matters:

A. Intellectual Property & Business Affairs

1. Trademarks & Copyrights – Register, protect, license, enforce, and manage all intellectual property rights, including but not limited to trademarks, copyrights, and branding.

2. Contracts & Agreements – Negotiate, execute, and enforce contracts related to intellectual property, business ventures, licensing, and commercial transactions.

3. Receivables & Monetization – Manage and enforce structured agreements for receivables, licensing fees, and royalty-based income.

4. Cease & Desist Actions – Issue notices, collect penalties, and initiate legal actions for trademark/copyright infringement.

B. Financial Transactions & Banking

1. Banking & Investments – Open, manage, and close accounts, negotiate with financial institutions, and handle all banking transactions.

2. Loan & Credit Transactions – Secure financing, issue promissory notes, and negotiate agreements.

3. Collateral & Asset Leverage – Use intellectual property, receivables, and business interests as financial collateral where legally applicable.

4. Tax & Financial Compliance – File necessary tax documents and financial reports in accordance with applicable laws.

C. Legal & Administrative Actions

1. Litigation & Dispute Resolution – Represent my interests in all legal matters related to business, intellectual property, and financial transactions.

2. Regulatory Compliance – Ensure adherence to banking laws, UCC regulations, and federal and state intellectual property laws.

3. Public & Private Contracts – Engage in agreements with government entities, financial institutions, and private organizations.

IV. LIMITATIONS & RESERVATION OF RIGHTS

• This POA does not create a separate legal entity. It authorizes the Agent to act under the Principal’s authority for business, intellectual property, and financial purposes.

• All rights are reserved. This POA does not waive any of the Principal’s sovereign, common law, or intellectual property rights.

• Failure to disclose relevant information by any third party engaging in business with the Principal/Agent shall not limit enforcement rights under this POA.

V. EFFECTIVENESS & TERMINATION

• This POA shall remain in effect indefinitely, unless revoked in writing by the Principal.

• In the event of the Principal’s legal incapacitation, the Agent shall retain authority until a legally appointed successor assumes control.

• This POA shall be binding upon all third parties, financial institutions, and legal entities.

VI. GOVERNING LAW & JURISDICTION

This POA shall be governed by:
The Uniform Power of Attorney Act (UPOAA)
The Uniform Commercial Code (UCC) – Articles 3 & 4
The Lanham Act (Trademark Law)
The Copyright Act of 1976
All applicable state and federal laws

VII. SIGNATURE & NOTARIZATION

I, [Your Name], declare under penalty of perjury that I execute this Power of Attorney in sound mind and full legal capacity.

Principal:
[Your Signature]
[Date]

Agent:
[Your Signature]

[Date]

Notary Public (If Required by Your Jurisdiction):
[Notary Signature & Seal]

Why This POA Matters

✔ Grants you full legal control over your brand, intellectual property, and business interests.
✔ Ensures your name and assets are protected from unauthorized use and infringement.
✔ Allows you to structure contracts, monetize assets, and enforce agreements.
✔ Aligns with banking and financial regulations for leveraging assets and securing funding.

This dual-role Power of Attorney is the ultimate tool for artists, entrepreneurs, and financial strategists who want full legal, financial, and business control over their name, brand, and creative legacy.

GENERAL POWER OF ATTORNEY FOR ARTISTS & CREATIVES

KNOW ALL PERSONS BY THESE PRESENTS:

I, [Artist’s Full Legal Name], residing at [Address], hereinafter referred to as the "Principal," do hereby make, constitute, and appoint [Agent’s Full Legal Name], residing at [Address], as my true and lawful Attorney-in-Fact(hereinafter referred to as "Agent"), with full power and authority to act in my name, place, and stead in any and all matters related to my artistic business, intellectual property, financial affairs, and legal interests, as further described below.

I. AUTHORIZED POWERS

My Agent shall have the authority to take any and all actions necessary or advisable in connection with my business and artistic affairs, including but not limited to:

1. Intellectual Property Management

• Register, maintain, protect, license, and enforce trademarks, copyrights, patents, or other intellectual property rights related to my artwork, tattoo designs, brand, logo, stage name, business name, and creative works.

• Enter into licensing agreements, publishing deals, and merchandising contracts regarding the commercial use of my intellectual property.

• Initiate legal proceedings against any unauthorized use, reproduction, or infringement of my intellectual property.

2. Business and Contractual Authority

• Negotiate, execute, modify, and enforce contracts, agreements, and partnerships related to my business, artwork, and creative works.

• Manage and oversee any business entities, LLCs, or corporations under my name or related to my artistic brand.

• Handle client agreements, commissions, sponsorships, and endorsements on my behalf.

3. Financial & Banking Transactions

• Open, manage, and close bank accounts, business accounts, and investment portfolios related to my artistic and professional endeavors.

• Accept and deposit payments, royalties, advances, commissions, or settlements related to my artwork and business operations.

• Authorize the sale of receivables, structured payment agreements, and secured financial transactions to financial institutions or investors.

4. Legal & Administrative Authority

• Retain and consult attorneys, accountants, and other professionals for legal, financial, or business-related matters.

• File, defend, or settle lawsuits, claims, or disputes in connection with my business or intellectual property rights.

• Execute and submit trademark and copyright applications, renewals, and assignments with the United States Patent and Trademark Office (USPTO) and the U.S. Copyright Office.

II. LIMITATIONS ON AGENT’S POWERS

My Agent may not:

1. Transfer or assign ownership of any intellectual property or business entity to themselves.

2. Make personal financial decisions on my behalf unrelated to my artistic career.

3. Act in any way that violates laws governing fiduciary duties and financial ethics.

III. DURATION & REVOCATION

This Power of Attorney shall become effective immediately upon execution and shall remain in full force and effect until:

1. Revoked in writing by the Principal,

2. The death or incapacity of the Principal, or

3. A specified expiration date of [date, if applicable].

The Principal reserves the right to revoke or modify this Power of Attorney at any time by delivering a signed and notarized revocation notice to the Agent.

IV. GOVERNING LAW

This Power of Attorney shall be governed, construed, and enforced in accordance with the laws of the State of [Your State], without regard to its conflict of laws provisions.

V. SIGNATURE & NOTARIZATION

IN WITNESS WHEREOF, I have hereunto set my hand and seal this [day] of [month, year].

Principal’s Signature: ___________________________
Printed Name: [Artist’s Name]
Date: [Date]

Agent’s Signature: ___________________________
Printed Name: [Agent’s Name]
Date: [Date]

NOTARY PUBLIC
STATE OF [Your State]
COUNTY OF [Your County]

On this [day] of [month, year], before me, [Notary’s Name], a Notary Public in and for said state, personally appeared [Artist’s Name], who is known to me or has satisfactorily proven their identity, and acknowledged the foregoing instrument to be their voluntary act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

Notary Signature: ___________________________
Printed Name: [Notary’s Name]
Commission Expiration Date: [Expiration Date]
Notary Seal:

Common Law Copyright & Intellectual Property Notice

Artist/Creator: [Artist’s Full Name]
Entity/Organization (if applicable): [Artist’s Business Name or Brand]
Date of First Use: [Date]
Jurisdiction: Common Law Copyright, Natural Law, Equity, and Universal Law

NOTICE OF COMMON LAW COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS

This notice serves as an official declaration of common law copyright protection over the intellectual property, name, brand, and creative works of [Artist’s Name], herein referred to as “the Creator.”

From the moment of creation, all artistic expressions, proprietary works, and branding elements remain the exclusive property of [Artist’s Name] and are protected under common law copyright without the necessity of formal government registration.

SCOPE OF PROTECTION

1. Protected Works & Intellectual Property
   This copyright extends to all creative expressions, including but not limited to:

   • The artist’s name, brand identity, and professional alias.

   • Original artwork (paintings, drawings, tattoo designs, digital art, sculptures, murals, etc.).

   • Sketches, drafts, and conceptual works leading to final compositions.

   • Photographs and digital representations of original works.

   • Tattoos, flash art, stencils, and body art designs.

   • Logos, branding materials, and promotional content.

   • Written and verbal expressions related to artistic works and creative processes.

   • Merchandise, apparel, and artistic reproductions featuring original work.

   • Any contracts, licensing agreements, or proprietary business materials.

2. Exclusivity & Control Over Use

1. • The Creator retains full authority over how their name, brand, and artwork are used, reproduced, displayed, distributed, or sold.

   • Unauthorized use, reproduction, or commercial exploitation of the Creator’s works or identity without explicit written consent is strictly prohibited.

3. Prohibited Actions Without Authorization

1. • No third party may claim ownership, license, or distribute any of the protected works without prior approval.

   • Use of the Creator’s name, likeness, brand, or art for commercial gain without consent constitutes copyright infringement and misrepresentation.

   • No part of the intellectual property may be resold, transferred, altered, or used in derivative works without an express agreement.

ENFORCEMENT & REMEDIES

1. Legal Protections Under Common Law

   • The Creator’s rights are automatically secured under Common Law Copyright, Natural Law, Equity Law, and Universal Law from the moment of original authorship.

   • These rights exist independently of statutory registration and remain in force perpetually unless formally transferred by the Creator.

2. Remedies for Unauthorized Use

1. • Any unauthorized use of the Creator’s intellectual property, name, or branding may result in legal action, including:Cease and desist orders, Financial compensation for damages and lost revenue. Injunctions preventing further misuse.

3. Business Agreements & Licensing (Optional)

1. • Licensing arrangements may be granted under strictly defined written agreements, ensuring the Creator retains control over the use of their work.

   • The Creator may enter into royalty agreements or profit-sharing arrangements for approved reproductions or brand partnerships.

AFFIRMATION OF COMMON LAW COPYRIGHT CLAIM

By this declaration, I, [Artist’s Full Name], assert my exclusive rights over my name, artistic identity, creative works, and intellectual property, effective from the date of its creation.

This notice affirms my intent to maintain full ownership and control over all referenced materials, preventing unauthorized use, reproduction, or commercial exploitation under the protections of Common Law Copyright and Natural Law.

Signed & Dated:
[Artist’s Name]
[Date]

USPTO Trademark Classifications for Artists, Businesses, and Financial Strategists

1. Personal Name / Artist Name / Stage Name

• Class 041 – Education & Entertainment Services, If they are a tattoo artist, performer, or public figure, their name can be trademarked under this class for branding purposes, such as: Providing tattooing services, Public speaking, coaching, or financial education, Music, performance art, or media presence.

2. Business Name (Tattoo Studio, Art Studio, Brand, or Product Line)

• Class 044 – Medical & Tattoo Services, Specifically for tattoo studios, tattoo artists, and permanent makeup services

• Class 035 – Business & Marketing Services, For branding and business consulting under a company name

• Class 025 – Clothing & Apparel, If they want to use their brand name on merchandise (T-shirts, hats, hoodies, etc.)

3. Artist Name for Selling Artwork, Digital Art, or NFTs

• Class 016 – Printed Artwork & Publications, If they sell physical art prints, books, or tattoo design collections

• Class 009 – Digital Art & NFTs, If they create digital art, sell NFTs, or distribute artwork digitally

4. Independent Financial Strategist (Consulting & Services)

• Class 036 – Financial Consulting & Services(Same as yours!), For independent financial strategists, consultants, investment advisors, and business strategists

• Class 045 – Legal Services & Intellectual Property Consultation, If they consult on business structuring, contracts, or financial compliance

5. Merchandise & Branding for Artists or Studios

• Class 009 – Digital Products (E-books, Courses, Online Downloads)

• Class 041 – Coaching, Training, and Speaking Engagements

• Class 016 – Books, Workbooks, & Educational Materials

• Class 021 – Mugs, Water Bottles, & Drinkware(If they plan on selling branded merchandise in this category.)

Choosing the Right Trademark Classes

• A personal artist name (e.g., stage name, brand name) usually falls under Class 041.

• A tattoo studio name would be in Class 044.

• If they sell artwork, digital products, or books, they may need Classes 009, 016, or 041.

• If they consult on finance or business, Class 036 is appropriate.

• Merchandise sales require apparel (025) and/or printed goods (016, 009, etc.).

Since trademark protection is category-specific, someone may need to register their trademark in multiple classes if their business spans different industries.

Guide to Trademarking & Copyrighting Your Name, Brand, and Creative Works

Understanding the Difference

• Trademark: Protects names, logos, slogans, and brand identifiers used in commerce. A trademark prevents others from using a similar mark in the same industry to avoid consumer confusion.

• Copyright: Protects original creative works (artwork, music, written content, photography, etc.), giving the creator exclusive rights to reproduce, sell, or distribute their work.

This guide outlines how to register a trademark and copyright while providing instructions for researching state-specific requirements.

How to Trademark a Name, Logo, or Brand in Your State

Step 1: Research Trademark Availability

1. Check for Existing Trademarks

   • Search the United States Patent and Trademark Office (USPTO) database at www.uspto.gov to see if your name/logo is already trademarked.

   • Search your state's trademark database through your Secretary of State’s website (Google: “trademark search [your state]”).

2. Check for Business Name Availability

1. • If your trademark includes a business name, check your state’s business entity search to ensure the name is not taken.

   • Some states require registering the business name separately as a DBA (Doing Business As) or LLC (Limited Liability Company).

Step 2: Choose Federal or State-Level Trademark Registration

• State Trademark:

  • Offers protection only within your state and is cheaper than federal registration.

  • File through your Secretary of State’s office (Google: “file trademark in [your state]”).

  • This is ideal if you only operate locally and don’t plan to expand beyond your state.

• Federal Trademark (USPTO):

  • Provides nationwide protection and allows you to sue in federal court for infringement.

  • Recommended if you plan to expand, operate online, or sell across multiple states.

  • Apply at www.uspto.gov (fee varies from $250–$350 per class of goods/services).

Step 3: File a Trademark Application

• For State-Level Trademarks:

  • Go to your state’s Secretary of State website and follow their trademark filing instructions.

  • Fees vary by state but typically range from $50–$200.

• For Federal Trademarks (USPTO):

  • Create an account at www.uspto.gov.

  • File through the Trademark Electronic Application System (TEAS).

  • Choose the correct trademark class for your business (e.g., art, apparel, education, etc.).

  • Pay the filing fee and submit your application.

  • Monitor your application status and respond to any office actions.

Step 4: Maintain & Enforce Your Trademark

• State trademarks may need renewal every 5–10 years, depending on your state.

• Federal trademarks require a maintenance filing every 5–10 years to keep them active.

• If someone infringes on your trademark, send a cease-and-desist letter or consult an attorney.

How to Copyright Your Creative Works (Art, Music, Books, Photos, etc.)

Step 1: Understand What Can Be Copyrighted

• Copyright applies to original creative works, including:

  • Artwork, drawings, paintings, digital art, tattoos

  • Written works (books, scripts, blogs, poems, etc.)

  • Photography & videos

  • Music, recordings, lyrics, compositions

  • Graphic designs, logos (if used artistically and not just as a brand identifier)

Note: Copyright does not protect ideas, names, or slogans—these require trademark protection.

Step 2: Automatic Copyright vs. Registration

• Common Law Copyright:

  • Your work is automatically copyrighted once it is created and recorded in a fixed form (e.g., saved digitally, printed, or recorded).

  • A formal copyright notice (e.g., “© 2025 [Your Name]”) helps establish ownership.

• Registered Copyright (Recommended for Legal Protection):

  • Registering with the U.S. Copyright Office strengthens legal claims and allows you to sue for statutory damages.

  • Filing a registered copyright is strongly recommended for published books, artwork, music, and commercial creative works.

Step 3: File a Copyright Application

• Go to www.copyright.gov and select “Register a Copyright.”

• Fill out the application, providing:

  • The title and description of your work.

  • The date of creation and first publication (if applicable).

  • Your name as the copyright owner.

• Upload a digital copy of your work for submission.

• Pay the filing fee (typically $45–$85 per work).

• Receive your copyright registration certificate once approved (can take several months).

State-Specific Research

Since each state has its own trademark process, follow these steps to find state-specific filing information:

1. Google: “How to register a trademark in [your state].”

2. Go to your Secretary of State’s website and locate the trademark section.

3. Look for state-specific forms, fees, and submission instructions.

4. If filing a DBA (Doing Business As) or LLC, follow your state’s business entity registration process.

For copyrights, there is no state-specific registration—all copyrights are federal and filed through the U.S. Copyright Office.

Final Notes & Best Practices

Keep records of all original work, contracts, and licensing agreements.
Use proper copyright and trademark notices to establish ownership.
Renew trademarks and copyrights as required to maintain protection.

If in doubt, consult an intellectual property attorney to ensure full legal protection.

By following this guide and researching your state’s specific trademark requirements, you can protect your name, brand, and artistic creations with legal certainty.

When your trademark has been approved for publication in the USPTO Official Gazette, it means it's in the final review phase before registration. At this point, you are not required to submit an assignment or any other information unless ownership of the trademark has changed or you intend to transfer it.

Here's what to consider:

You Do Not Need to Upload an Assignment If:

• You are the original applicant.

• Ownership of the trademark has not changed.

• The trademark is being published under your name (or your trust/entity if that’s the applicant).

• You plan to continue owning and managing it as originally filed.

You Should Upload (or Record) an Assignment If:

• You have transferred the ownership to a trust (like the Robert Gilster Trust), an LLC, or any other entity.

• You want the trust or another entity to legally hold the trademark as property.

• You used your name as the applicant but want the rights to reside with the trust.

In that case, you need to record an assignment agreement with the USPTO via their Electronic Trademark Assignment System (ETAS).

What to Include in a Trademark Assignment:

• Name of assignor (original owner—you).

• Name of assignee (e.g., Robert Gilster Trust).

• Effective date of transfer.

• Description of the mark and the application/serial number.

• Signature of both parties or trustee if applicable.

Next Steps if Assigning:

1. Prepare and sign a Trademark Assignment Agreement.

2. Record it through ETAS:
   USPTO Trademark Assignment Recordation

3. There’s a $40 fee per mark being assigned.

Once the trademark is officially registered, and if your trust holds the mark, the USPTO record will reflect that, and your trust now owns a registered intellectual property asset.