August 2026 Legal Newsletter | Shelly Kendricks Law

Law Office of Shelly Kendricks

Legal Newsletter

Volume I, Issue 1 | August 2026
Cincinnati, Ohio · Dayton, Ohio

From the Desk of the Attorney

Dear Valued Clients and Friends,

Welcome to the first ever issue of my client newsletter, where I keep you informed on the legal topics that matter most to you, your family, and your business. In this edition, I cover important updates in estate planning, business law, and intellectual property — all areas where proactive legal guidance can make a meaningful difference in protecting what you've worked hard to build.

I am grateful for the trust you place in my law practice and look forward to continuing to serve you. As always, please don't hesitate to reach out with any questions or to schedule a consultation.

Shelly Kendricks
Attorney at Law
Law Office of Shelly Kendricks
[email protected]
skendrickslaw.com
937.972.0253
Cincinnati, Ohio · Dayton, Ohio

◆ Feature Article: Estate Planning

The State of Estate Planning in America

There is literally no downside to having an estate plan. With that being said, national data indicates that less than half of Americans have a will, with those numbers being the most abysmal in the younger generations. This isn't a new problem, however. Gallup tracking on the topic dating back as far as 1990 shows that the statistics have been essentially flat for the past 30 years, with the biggest gaps being amongst adults aged 49 and under and low-income households.

Consequently, more than half of estates are distributed using state intestacy statutes, which are state laws that govern how property is transferred and to whom when a decedent hasn't made their wishes known by creating a will or transferring their assets to a trust. Each county in Ohio administers estates under the same Ohio intestacy statute when a person dies without a will.

Below are a few tables containing what I hope is useful information about the scope of the problem. Ohio doesn't track this data at the county or state level, but all indications are that the state data tracks closely with national data and that it has been a persistent problem for several decades.

Will Ownership in America

Source: Gallup, 2021 poll (historical tracking since 1990)

Metric

Figure

U.S. adults who have a will

46%

Historical range (1990–2021)

44%–51%

Margin of error

±4 pts (95% confidence)

Sample size

1,016 adults, all 50 states

Poll dates

May 3–18, 2021

By Age

Age Group

Has a Will

Under 30

20%

65 and older

~76%

Trend

Each younger bracket significantly less likely than the one above it

By Other Demographics

Factor

Finding

Income

Upper-income adults notably more likely to have a will than lower-income adults

Education

College graduates more likely than non-graduates to have a will

Race

White Americans report higher will ownership than non-White Americans

Sources:
Gallup, "How Many Americans Have a Will?" — news.gallup.com/poll/351500/how-many-americans-have-will.aspx
Ohio Revised Code, Section 2105.06, Statute of Descent and Distribution — codes.ohio.gov/ohio-revised-code/section-2105.06
Ohio Revised Code, Chapter 2105, Descent and Distribution — codes.ohio.gov/ohio-revised-code/chapter-2105

◆ From My Blog

Protecting Your Business: Standard Form Contracts

Fifteen years of working with contracts has taught me that whether you are just getting started or you run a long-standing operation, standard form contracts can significantly cut the costs of doing business in ways that may not always be obvious. To start, the amount of time it takes to negotiate and close deals can be drastically reduced by thinking through some of the friction points in advance and providing a mechanism to address those issues before the parties sign an agreement instead of addressing them for the first time during contract execution. Just a few hours of thoughtful consideration of what could possibly go wrong could save you weeks to months of heartburn associated with managing and resolving conflicts that come up after the fact and that may not be covered under the contract.

Second, having to start from scratch every time you start a new business arrangement can cost you considerably more than you would pay in legal fees and other associated costs than if you already have a starting point for your negotiations. Standard form contracts help you streamline the negotiation process by preparing industry-standard, boilerplate terms in advance so that the negotiation process can focus on discussions around risk mitigation and the specific terms relevant to the work to be done under the contract.

Finally, overall transaction costs are lower when you have a standard form contract because you save an immeasurable amount of time you would otherwise spend managing the contract relationship just by making expectations clear up front and minimizing the risk of ambiguity. There is no better way to manage expectations than to discuss as much as possible up front, which can be facilitated by the use of standard form contracts.

◆ Intellectual Property Spotlight

Is Your Brand Protected? Trademark Basics for Business Owners

Many business owners operate for years without registering their trademarks, including their business name, logo, and other identifying information. When this happens, it leaves open the possibility that another business can start using a similar mark and freeze you out of certain territories, or even nationally. To protect your business from that real possibility, it is important that you register your mark as early as practicable and keep up with the actions you need to take periodically to make sure the registration remains active and you preserve the right to enforce your trademark rights against anyone using confusingly similar marks.

The Trademark Act of 1946, also known as the Lanham Act, is where the federal right to protect your trademarks comes from. While federal registration provides the most protection, there are state statutes that offer some protection as well, but it is normally limited to the state in which you do business. There is more discussion regarding state registration below.

Federal Registration with the USPTO

Below are some key things to consider when evaluating the risks and benefits of filing a federal trademark registration with the U.S. Patent and Trademark Office.

Benefits of Federal Registration

• Nationwide rights — presumptive exclusive right to use the mark across the entire U.S., not just where you've actually used it.

• Deterrent effect — a registered mark is easier to find in an availability search, discouraging others from adopting something similar.

• Federal court access — registered owners can bring infringement claims in federal court, with access to enhanced damages and attorney fees in certain cases.

• Customs enforcement — registration can be recorded with U.S. Customs and Border Protection to help stop counterfeit goods at the border.

• Incontestability — after five years of continuous registered use, a mark can be declared incontestable, making it largely immune to certain legal challenges.

• Foreign filing basis — a U.S. registration can support trademark applications abroad, including through the Madrid Protocol.

Risks of Not Registering

• Limited geographic rights — common-law protection only covers the area where you've actually used the mark.

• Vulnerable to being registered by someone else — a competitor who registers first could force you to stop using your own name or block your expansion.

• No federal court access — claims are generally limited to state court, which is often less favorable for IP disputes.

• No customs protection — counterfeit goods bearing your brand can enter the country without USPTO-backed recourse.

• No incontestability status — you never gain the enhanced protection available after five years of registered use.

• No foreign filing basis — international expansion requires separate filings, and separate costs, in every country.

Ohio Registration

In addition to federal registration, Ohio offers its own trademark registration through the Ohio Secretary of State. State registration is generally faster and less expensive than federal registration, but it only protects the mark within Ohio and does not provide the nationwide rights, federal court access, or customs protections that come with USPTO registration. It's typically used to complement federal registration, or as a lower-cost option for businesses operating only within the state.

I can assist you with this type of filing, but if you'd like to apply for registration on your own, the process for filing and additional information regarding trademarks can be found at Ohio Revised Code (ORC) §§ 1329.54–1329.67 or here.

★ Take Action

Ready to protect your trademark and safeguard your brand? Contact my office today to schedule a consultation.
linktr.ee/skendrickslaw

◆ Client Resources & Helpful Legal Tips

General Legal Reminders for Clients

• Review your will and estate plan every 3–5 years or after any major life event such as marriage, divorce, the birth of a child or grandchild, or a significant change in assets.

• Keep your corporate records up to date. Ohio LLCs and corporations should maintain current operating agreements, minutes, and resolutions — and file required state reports on time to maintain good standing.

• Update your beneficiary designations on life insurance policies, IRAs, 401(k) accounts, and other financial instruments whenever your family situation changes.

• Use written contracts for all significant business transactions, even those involving friends or family members. A clear written agreement protects everyone involved and reduces the risk of misunderstandings.

• Register your trademarks as soon as practicable after using your mark. Early registration is far less costly than defending an infringement dispute after the fact.

Upcoming Deadlines & Important Dates

Date

Event / Reminder

Every 5 Years on Anniversary

Nonprofit Corporations must file Statement of Continued Existence with Ohio AG — contact my office if you need to file

By the 15th Day of the 5th Month After FY Ends

Charitable Organizations file Annual Financial Report with Ohio AG — contact my office if you need to file

August 10–14, 2026

Estate Planning Review — limited appointments available; use the linktree I linked to on the left to schedule an appointment the week of August 10.

Five Years After Initial Registration

File Sections 8/15 Declaration of Trademark Use/Incontestability — contact my office if you need to file

Ten Years After Initial Registration, and Every Ten Years After

File Section 9 Federal Trademark Renewal Application — contact my office if you need to file

Ten Years After Initial Registration

File State Trademark and Servicemark renewal

September 7, 2026

Office closed — Labor Day. We will reopen on 9/8.

◆ Contact & Scheduling

📞 Schedule a Consultation

My office is here to help with your legal needs.
Phone: 937.972.0253
Email: [email protected]
Website: skendrickslaw.com
Office Hours: Monday – Friday
9 a.m. to 5 p.m.
Appointments Available
Cincinnati, Ohio · Dayton, Ohio

We welcome referrals from satisfied clients. Thank you for your continued trust and confidence.

Schedule Now

Law Office of Shelly Kendricks

Cincinnati, Ohio · Dayton, Ohio | 937.972.0253 | [email protected] | skendrickslaw.com

This newsletter is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this newsletter. The information contained herein may not reflect the most current legal developments and is not intended to be a substitute for professional legal counsel. Please consult with a qualified attorney for advice specific to your situation and jurisdiction. © 2026 Law Office of Shelly Kendricks. All rights reserved.