While some individuals choose to hire attorneys to walk them through the process of applying for a trademark, others choose to use a trademark research firm, which can cost thousands of dollars less. It is important to remember when hiring someone to do your research that they not only search through Federal and State trademark records for name similarities, but also Common-Law listings.
Many people are under the impression that they can perform their own comprehensive search utilizing the help of search engines, in addition to the United States Patent and Trademark Office (herein referred to as the USPTO). While it is a good idea to become familiar with the USPTO website, individuals sometimes believe that the data they collect from this website is truly representative of the trademarked names which are currently being used. The USPTO’s website is never a thorough way to search the name you’re hoping to trademark! The website is not updated regularly, and in addition to this, you can ONLY search Federal trademark records on the USPTO, NOT State trademark records OR Common-Law records!
It is imperative to search Federal and State trademark records AND Common-Law records because it is the only way to ensure that your search was done in a comprehensive manner. Federal and State trademarks records are looking at businesses that have either a federally registered trademark, or those who have registered a state trademark. When these records are searched, any federal or state trademarks that are either pending or registered will be visible to the researcher. Common-Law records examine those businesses who are in business but not have necessarily filed for a Federal or a State trademark. When Common-Law records are searched, thousands upon thousands of newspaper articles, city business listings, periodicals, incorporation listings, DBAs, LLCs, etc. are examined for any name similarities. Although such businesses do not have a trademark, they might have "first-use rights" to the name. This could mean that they still have ownership over the name within their trade area AND the capacity to take legal recourse if they determine that your name and business is the same, or similar.
If the research proves clear, the next step is to prepare and file the application. This can be done by anyone; however, the USPTO is very particular about how the application is prepared, so it's best to leave it to professionals.
Three Steps -- Federal & State trademark search, US National Common-Law search and Application Preparation & Filing – and the Trademark could be YOURS!
About The Author
Marit Lee is a Researcher for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or call Marit directly at 800.550.1520.
tmexpress.com
Saturday, December 30, 2006
The Trademark Dilution Revision Act Of 2006 And Your Online Business
Creating the right trademark that distinguishes your product or service from others is the key to a successful business both online and off. However, one recent legislative enactment is worthy of note, as it might influence your decision in choosing the next name or graphic for your online business.
Like its predecessor, the Federal Trademark Dilution Revision Act of 2006 (“Act”), signed into law in mid-October by President Bush, provides remedies for owners of “famous” trademarks (e.g. trademarks that are widely recognized by the general consuming public in the U.S. as a designation of source of goods or services of the trademark owner). Plaintiffs can file an action for dilution and obtain injunctive relief by showing their trademark has been “diluted” by the unauthorized use of another.
The Act provides for the cause of action known as “dilution.” Dilution is a relatively new addition to trademark law that allows a plaintiff to recover from another’s unauthorized use of his trademark where such use degraded or diminished the uniqueness and/or distinctiveness of his famous trademark.
Usually dilution is referenced together with the concepts of blurring and tarnishment. The revised Act specifically cites “dilution by blurring” and “dilution by tarnishment” as new causes of action in themselves. In all its forms lies the dangerous misperception that dilution claims require a showing of consumer confusion. Dilution claims, including blurring and tarnishment, require no showing or likelihood of confusion.
The revised Act is especially relevant to the online business owner in the initial stages of choosing a trademark name or graphic. Under the new cause of action for “dilution by blurring” you may run into problems simply by choosing a trademark that is similar to a famous trademark that causes the famous mark to lose its distinctiveness. Regardless if you adopted your trademark in good faith with no intention of piggy-backing off of the goodwill of a famous name brand, you may be sued for dilution by blurring. Similarly, under the new cause of action for “dilution by tarnishment” you may encounter problems by choosing a name similar to a famous brand if your use causes the famous trademark to suffer loss to its reputation.
It is particularly important to note that the new causes of action for dilution, dilution by blurring and dilution by tarnishment apply a “likelihood” of dilution rather than an actual dilution standard. This means that a plaintiff need only allege that your use is likely to cause or may potentially cause damage to their reputation or to the distinctiveness of their trademark. This new standard wields great power to owners of famous trademarks and could prove potentially lethal to the unsavvy online business owner or entrepreneur.
However, this new power is not absolute and will likely have little effect on comparative marketing and advertising both online and off. Under the revised Act, it is not actionable to compare your goods with that of a famous brand. It is also not actionable to parody a famous brand or trademarked product. For online marketers, this is important, as the Act preserved the traditional free-market idea of comparative advertising. Thankfully Congress recognized and appreciated the benefits of comparative advertising, maintaining its integrity in the revised Act.
From the recent Google decision and this revised Act by Congress, one can glean that although the strings are drawing tighter around the ever-expanding World Wide Web, it remains open to free-market competition and entrepeneurism. However, as trademark law evolves through judicial opinions and legislative enactments, it is always the best advice to consult an experienced intellectual property attorney before setting your branded product or service out into the world through the ether or otherwise.
About The Author
This article was written by Gemma Hoffman, a graduate of Franklin pierce Law School. Gemma writes select pieces regarding intellectual property for the law firm of Goldstein and Clegg, LLC, a http://www.goldsteinandclegglaw.com.
Like its predecessor, the Federal Trademark Dilution Revision Act of 2006 (“Act”), signed into law in mid-October by President Bush, provides remedies for owners of “famous” trademarks (e.g. trademarks that are widely recognized by the general consuming public in the U.S. as a designation of source of goods or services of the trademark owner). Plaintiffs can file an action for dilution and obtain injunctive relief by showing their trademark has been “diluted” by the unauthorized use of another.
The Act provides for the cause of action known as “dilution.” Dilution is a relatively new addition to trademark law that allows a plaintiff to recover from another’s unauthorized use of his trademark where such use degraded or diminished the uniqueness and/or distinctiveness of his famous trademark.
Usually dilution is referenced together with the concepts of blurring and tarnishment. The revised Act specifically cites “dilution by blurring” and “dilution by tarnishment” as new causes of action in themselves. In all its forms lies the dangerous misperception that dilution claims require a showing of consumer confusion. Dilution claims, including blurring and tarnishment, require no showing or likelihood of confusion.
The revised Act is especially relevant to the online business owner in the initial stages of choosing a trademark name or graphic. Under the new cause of action for “dilution by blurring” you may run into problems simply by choosing a trademark that is similar to a famous trademark that causes the famous mark to lose its distinctiveness. Regardless if you adopted your trademark in good faith with no intention of piggy-backing off of the goodwill of a famous name brand, you may be sued for dilution by blurring. Similarly, under the new cause of action for “dilution by tarnishment” you may encounter problems by choosing a name similar to a famous brand if your use causes the famous trademark to suffer loss to its reputation.
It is particularly important to note that the new causes of action for dilution, dilution by blurring and dilution by tarnishment apply a “likelihood” of dilution rather than an actual dilution standard. This means that a plaintiff need only allege that your use is likely to cause or may potentially cause damage to their reputation or to the distinctiveness of their trademark. This new standard wields great power to owners of famous trademarks and could prove potentially lethal to the unsavvy online business owner or entrepreneur.
However, this new power is not absolute and will likely have little effect on comparative marketing and advertising both online and off. Under the revised Act, it is not actionable to compare your goods with that of a famous brand. It is also not actionable to parody a famous brand or trademarked product. For online marketers, this is important, as the Act preserved the traditional free-market idea of comparative advertising. Thankfully Congress recognized and appreciated the benefits of comparative advertising, maintaining its integrity in the revised Act.
From the recent Google decision and this revised Act by Congress, one can glean that although the strings are drawing tighter around the ever-expanding World Wide Web, it remains open to free-market competition and entrepeneurism. However, as trademark law evolves through judicial opinions and legislative enactments, it is always the best advice to consult an experienced intellectual property attorney before setting your branded product or service out into the world through the ether or otherwise.
About The Author
This article was written by Gemma Hoffman, a graduate of Franklin pierce Law School. Gemma writes select pieces regarding intellectual property for the law firm of Goldstein and Clegg, LLC, a http://www.goldsteinandclegglaw.com.
Sunday, November 19, 2006
Craft Show Items - Patents and Trademarks
These are similar to, but not exactly like a copyright. In fact, a patent and trademark are a far more in-depth than a simple copyright on your craft show items.
"A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. US patent grants are effective only within the US, US territories, and US possessions.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, 'the right to exclude others from making, using, offering for sale, or selling' the invention in the United States or 'importing' the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention." (www.uspto.gov)
Therefore, a patent differs from a copyright in that it affords you the exclusive right to make, use or sell your craft show item and excludes others from doing so without your permission, while a copyright prevents others only from copying your designs. However, a patent is generally not appropriate for forms of creative expression but rather for a process, a machine or tool used to create a product or a composition of matter such as a new metal alloy or chemical compound.
Considering the time, effort and cost to secure a patent, in most cases for most craft show items, a copyright will suffice. Patent fees run several hundred to several thousand dollars and you will most likely need an attorney, so this is a costly process. Again, check with other crafters, organizations, attorneys and Web sites to find out what is best in your case.
Trademarks (and servicemarks)
"A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms 'trademark' and 'mark' are commonly used to refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office. The registration procedure for trademarks and general information concerning trademarks is described in a separate pamphlet entitled 'Basic Facts about Trademarks.'" (www.uspto.gov)
You may want to consider registering for a trademark if you have created an exclusive name, such as "Cabbage Patch Dolls" or "Hula Hoop." Since you can easily file online and the cost is around $300, consider filing if you have a craft show item that needs trademark protection.
About The Author
Natalie Goyette shows you how to make your craft show business profitable in her best selling ebook: Craft Show Success Secrets. Visit her site: http://www.craftshowsuccess.com
"A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office. The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. US patent grants are effective only within the US, US territories, and US possessions.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, 'the right to exclude others from making, using, offering for sale, or selling' the invention in the United States or 'importing' the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention." (www.uspto.gov)
Therefore, a patent differs from a copyright in that it affords you the exclusive right to make, use or sell your craft show item and excludes others from doing so without your permission, while a copyright prevents others only from copying your designs. However, a patent is generally not appropriate for forms of creative expression but rather for a process, a machine or tool used to create a product or a composition of matter such as a new metal alloy or chemical compound.
Considering the time, effort and cost to secure a patent, in most cases for most craft show items, a copyright will suffice. Patent fees run several hundred to several thousand dollars and you will most likely need an attorney, so this is a costly process. Again, check with other crafters, organizations, attorneys and Web sites to find out what is best in your case.
Trademarks (and servicemarks)
"A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms 'trademark' and 'mark' are commonly used to refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office. The registration procedure for trademarks and general information concerning trademarks is described in a separate pamphlet entitled 'Basic Facts about Trademarks.'" (www.uspto.gov)
You may want to consider registering for a trademark if you have created an exclusive name, such as "Cabbage Patch Dolls" or "Hula Hoop." Since you can easily file online and the cost is around $300, consider filing if you have a craft show item that needs trademark protection.
About The Author
Natalie Goyette shows you how to make your craft show business profitable in her best selling ebook: Craft Show Success Secrets. Visit her site: http://www.craftshowsuccess.com
Copyrights, Patents & Trademarks for Selling at Craft Shows
Copyrights, are common concerns for craftspeople. If you've invented a unique product, you will more than likely want to protect it from others who can create knock-offs of your craft show gem at cheaper prices. Although it may be flattering to have created a craft item others want to duplicate, it can also be a nightmare to see your distinctive creation on the Home Shopping Network! The United States Patent and Trademark Organization Web site (www.uspto.gov) is a good place to learn the differences between trademarks and patents and to learn what is best for your situation. For more information and to apply for a copyright go to www.copyright.gov.
Although attorneys may be costly, some offer free 30-minute consultations, so you may be able to find one who can tell you what's the best protection for your craft show product. If you find the costs are prohibitive for you to secure a trademark, patent or whatever you find you need, you'll just have to take your chances without one. Again, check with other crafters through shows and forums, as well as your craft organizations to find out what they've done to protect their crafts. Those who have come before you can ease your way so you don't have to reinvent the wheel.
Your Copyright
"A copyright is a form of protection provided to the authors of 'original works of authorship' including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly. This includes your craft show products.
The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress." (www.copyright.gov)
Most people think of copyrights for books or music and not creative arts like paintings or crafts, but a copyright can protect all forms of creative expression and visual arts. Visual arts are defined as original pictorial, graphic and sculptural works, which include two-dimensional and three-dimensional works of fine, graphic and applied art. Some examples are:
Artificial flowers and plants Artwork applied to clothing or to other useful articles Collages Dolls, toys Drawings, paintings, murals Enamel works Greeting cards, postcards, stationery Jewelry designs Mosaics Needlework and craft kits Original prints, such as engravings, etchings, serigraphs, silk screen prints, woodblock prints Patterns for sewing, knitting, crochet, needlework Reproductions, such as lithographs, collotypes Sculpture, such as carvings, ceramics, figurines, molds, relief sculptures Stained glass designs Stencils, cut-outs Weaving designs, lace designs, tapestries
A copyright gives the creator of the product exclusive rights to produce, sell and distribute the item. When your work is created, it is automatically copyrighted, however, for optimum protection, it's best to apply for a copyright. When obtained, you can add the copyright symbol (c) on all your materials.
Copyright your designs, so you have legal proof in case someone copies your work. A copyright does not automatically keep someone from stealing your designs—you'd have to find the culprit and enforce your rights, which may not be a simple matter and will require an attorney. Having the copyright, however, may deter someone from copying you, so at least that's a good place to start—and it only costs $30 per copyright!
About The Author
Natalie Goyette shows you how to make your craft show business profitable in her best selling ebook: Craft Show Success Secrets. Visit her site: http://www.craftshowsuccess.com
Although attorneys may be costly, some offer free 30-minute consultations, so you may be able to find one who can tell you what's the best protection for your craft show product. If you find the costs are prohibitive for you to secure a trademark, patent or whatever you find you need, you'll just have to take your chances without one. Again, check with other crafters through shows and forums, as well as your craft organizations to find out what they've done to protect their crafts. Those who have come before you can ease your way so you don't have to reinvent the wheel.
Your Copyright
"A copyright is a form of protection provided to the authors of 'original works of authorship' including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly. This includes your craft show products.
The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress." (www.copyright.gov)
Most people think of copyrights for books or music and not creative arts like paintings or crafts, but a copyright can protect all forms of creative expression and visual arts. Visual arts are defined as original pictorial, graphic and sculptural works, which include two-dimensional and three-dimensional works of fine, graphic and applied art. Some examples are:
Artificial flowers and plants Artwork applied to clothing or to other useful articles Collages Dolls, toys Drawings, paintings, murals Enamel works Greeting cards, postcards, stationery Jewelry designs Mosaics Needlework and craft kits Original prints, such as engravings, etchings, serigraphs, silk screen prints, woodblock prints Patterns for sewing, knitting, crochet, needlework Reproductions, such as lithographs, collotypes Sculpture, such as carvings, ceramics, figurines, molds, relief sculptures Stained glass designs Stencils, cut-outs Weaving designs, lace designs, tapestries
A copyright gives the creator of the product exclusive rights to produce, sell and distribute the item. When your work is created, it is automatically copyrighted, however, for optimum protection, it's best to apply for a copyright. When obtained, you can add the copyright symbol (c) on all your materials.
Copyright your designs, so you have legal proof in case someone copies your work. A copyright does not automatically keep someone from stealing your designs—you'd have to find the culprit and enforce your rights, which may not be a simple matter and will require an attorney. Having the copyright, however, may deter someone from copying you, so at least that's a good place to start—and it only costs $30 per copyright!
About The Author
Natalie Goyette shows you how to make your craft show business profitable in her best selling ebook: Craft Show Success Secrets. Visit her site: http://www.craftshowsuccess.com
Legal Issues About Trademarks And Domain Names
Trade marks are a name or symbol that are used to distinguish the goods of services of a particular company from others.
Similar to copyrights and other signs of intellectual property, the effects of the trademark system is territorial. This means, that each country has its own trademark system. A brand name like Machine Head may be owned by one person in the United Kingdom and by another, totally unrelated, person in the United States.
The domain name system, which is putting most of its emphasis on the .com title as the international domain, does not really jive well with the trade mark system because of the latter’s fundamental definition of “ownership.”
A case in point is the Prince vs Prince suit. Prince, the US-based manufacturers of sports goods, challenged the use of the www.prince.com domain name by a British computer consultancy company. The said company registered the domain in good faith and have been using it. The Prince sports goods company, which has no registered UK trademark, threatened to sue the British company for US trademark infringement. The latter counter-sued in the UK for the unwarranted threats regarding trademark infringement. They eventually won and the US company had to contend with just using the domain name www.princetennis.com.
Alternatively, a different scenario where the trademark owner will most likely prevail over a domain name holder’s rights is in the case of Marks & Spencer vs One in a Million. This particular case was elevated to the English High Court in 1997 when various trademark holders, including the world-famous UK retailer Marks & Spencer, sued One In A Million, a company who accumulated a number of domain names under the well-known trademarks like Sainsburys, Virgin, Marks & Spencer, and Cellnet. These domain names, and others, were bought with the express goal of selling them again to the trademark owners. The High Court decided that One In A Million be required to relinquish their claim on the said domain names. This decision was further upheld by the Court of Appeal.
The One In A Million company’s basis of argument was that domain name registrations were first come, first served”, thus, the trademark owners do not have any rights to the domain names.
Based on the two actual court cases we can build up a clear picture about the interrelation of trademarks and domain names.
In general, domains that have no trademark significance can be acquired by the entity who registered them first. Continuous use of this non-trademarked name will allow the holder to build a reputation on the name. When the situation is between to legitimate companies who have a right to the name then, as with the stipulation of most laws in most countries, the first person who registers will get the domain. However, a registrant to a domain that is also a subject of a trademark and who does not have any entitlements is going to be forbidden based on the laws of most countries. For more information please visit http://www.dolphinformations.co.uk.
About The Author
Peter Goldberg runs the website http://www.dolphinformations.co.uk which is your expert resource for all business related issues.
Similar to copyrights and other signs of intellectual property, the effects of the trademark system is territorial. This means, that each country has its own trademark system. A brand name like Machine Head may be owned by one person in the United Kingdom and by another, totally unrelated, person in the United States.
The domain name system, which is putting most of its emphasis on the .com title as the international domain, does not really jive well with the trade mark system because of the latter’s fundamental definition of “ownership.”
A case in point is the Prince vs Prince suit. Prince, the US-based manufacturers of sports goods, challenged the use of the www.prince.com domain name by a British computer consultancy company. The said company registered the domain in good faith and have been using it. The Prince sports goods company, which has no registered UK trademark, threatened to sue the British company for US trademark infringement. The latter counter-sued in the UK for the unwarranted threats regarding trademark infringement. They eventually won and the US company had to contend with just using the domain name www.princetennis.com.
Alternatively, a different scenario where the trademark owner will most likely prevail over a domain name holder’s rights is in the case of Marks & Spencer vs One in a Million. This particular case was elevated to the English High Court in 1997 when various trademark holders, including the world-famous UK retailer Marks & Spencer, sued One In A Million, a company who accumulated a number of domain names under the well-known trademarks like Sainsburys, Virgin, Marks & Spencer, and Cellnet. These domain names, and others, were bought with the express goal of selling them again to the trademark owners. The High Court decided that One In A Million be required to relinquish their claim on the said domain names. This decision was further upheld by the Court of Appeal.
The One In A Million company’s basis of argument was that domain name registrations were first come, first served”, thus, the trademark owners do not have any rights to the domain names.
Based on the two actual court cases we can build up a clear picture about the interrelation of trademarks and domain names.
In general, domains that have no trademark significance can be acquired by the entity who registered them first. Continuous use of this non-trademarked name will allow the holder to build a reputation on the name. When the situation is between to legitimate companies who have a right to the name then, as with the stipulation of most laws in most countries, the first person who registers will get the domain. However, a registrant to a domain that is also a subject of a trademark and who does not have any entitlements is going to be forbidden based on the laws of most countries. For more information please visit http://www.dolphinformations.co.uk.
About The Author
Peter Goldberg runs the website http://www.dolphinformations.co.uk which is your expert resource for all business related issues.
An Introduction to Trademarks
In marketing, there is a particular strategy known as branding. In many ways, trademarks are designed to protect your brand from use by others.
An Introduction to Trademarks
A trademark is a form of intellectual property. Intellectual property is owned by the person or business creating it. With practically all forms of intellectual property, however, you have to take steps to formally notify the world of your property and protect it.
A trademark is a distinctive mark used to identify a product, company, service or device. When you think about it, you are very familiar with trademarks. At the risk of being sued to the high heavens, the following are trademarks: Coca Cola, Pepsi, Google, EBay and Toyota. Each of these words mean something to you and are readily identifiable with a product or service in your mind. When you think of EBay, you immediately think of an online auction site that was originally created so the owner’s girlfriend could trade Pez dispensers [true]. When you think of Toyota, you think of cars. This is the power of brand recognition and trademarks are used to protect them.
A trademark is a powerful thing when it comes to the law. If you obtain a trademark, it is binding nationwide and others are not allowed to infringe upon it in an effort to swipe your customers or confuse the public. With your mark, you can sue to stop the infringement and recover monetary damages suffered. Basically, a trademark is a hammer for stopping nefarious conduct cold.
To obtain a trademark, you must have patience, patience and more patience. The mark is obtained through the Patent and Trademark Office. It is a very slow process. You or your attorney do a search to make sure are not in conflict with any previous marks. You then file an application and begin waiting. Within 8 weeks, the Patent and Trademark Office will send you a notification indicating they acknowledge receiving your application. Just receiving it! You will then wait another 6 months or so to hear if the application is accepted. Often you will receive correspondence asking for clarification or raising a problem. You then provide a response and wait. Months will pass. Eventually, the back and forth will come to final result. If your trademark application is accepted, it will be published and you are protected. The process is so lengthy that it is not uncommon for it take well over a year for the application to be approved. In short, you are going to need a lot of patience.
While obtaining a trademark can take forever, it is well worth the effort. Once you have it, you can keep competitors and others from using the trademarked term you worked so hard to establish.
About The Author
Gerard Simington is with http://www.findanattorneyforme.com - an online attorney directory.
An Introduction to Trademarks
A trademark is a form of intellectual property. Intellectual property is owned by the person or business creating it. With practically all forms of intellectual property, however, you have to take steps to formally notify the world of your property and protect it.
A trademark is a distinctive mark used to identify a product, company, service or device. When you think about it, you are very familiar with trademarks. At the risk of being sued to the high heavens, the following are trademarks: Coca Cola, Pepsi, Google, EBay and Toyota. Each of these words mean something to you and are readily identifiable with a product or service in your mind. When you think of EBay, you immediately think of an online auction site that was originally created so the owner’s girlfriend could trade Pez dispensers [true]. When you think of Toyota, you think of cars. This is the power of brand recognition and trademarks are used to protect them.
A trademark is a powerful thing when it comes to the law. If you obtain a trademark, it is binding nationwide and others are not allowed to infringe upon it in an effort to swipe your customers or confuse the public. With your mark, you can sue to stop the infringement and recover monetary damages suffered. Basically, a trademark is a hammer for stopping nefarious conduct cold.
To obtain a trademark, you must have patience, patience and more patience. The mark is obtained through the Patent and Trademark Office. It is a very slow process. You or your attorney do a search to make sure are not in conflict with any previous marks. You then file an application and begin waiting. Within 8 weeks, the Patent and Trademark Office will send you a notification indicating they acknowledge receiving your application. Just receiving it! You will then wait another 6 months or so to hear if the application is accepted. Often you will receive correspondence asking for clarification or raising a problem. You then provide a response and wait. Months will pass. Eventually, the back and forth will come to final result. If your trademark application is accepted, it will be published and you are protected. The process is so lengthy that it is not uncommon for it take well over a year for the application to be approved. In short, you are going to need a lot of patience.
While obtaining a trademark can take forever, it is well worth the effort. Once you have it, you can keep competitors and others from using the trademarked term you worked so hard to establish.
About The Author
Gerard Simington is with http://www.findanattorneyforme.com - an online attorney directory.
Trademarks – An Exercise In Patience
Trademarks are a form of intellectual property for a person or business. To protect your mark, you always should formally trademark it. This brings us to the subject of patience.
Trademarks – An Exercise In Patience
A mark is simple a distinctive name, brand or whatever for your person or business. At the risk of being sued to high heaven, the name “Google” is a trademark for a certain search engine. When it is mentioned or you read about it, you know exactly what it refers to. As a business becomes successful, it will almost always want to trademark its brand, logo or whatever.
Obtaining a trademark is not particularly difficult to do. The process is controlled by the United States Patent and Trademark Office. The “PTO” is an agency falling under the control of the United Stated Department of Commerce. Fascinating, eh?
Filing a trademark application with the PTO is an interesting ordeal. From a technical stand point, it is fairly simple. You can search online to see if anyone else has already obtained the trademark you are after. If not, you can fill out an application and file it online. The PTO will assign an attorney to it. He or she will either approve the application, send correspondence asking you to clarify some aspect or outright reject your application. While this sounds straightforward, there is one aspect that turns the process into an annoying one – time.
The trademark office is a government agency. As such, one can expect a certain amount of lag time in getting things done. The trademark office, however, takes this to the extreme. When you first file your trademark application, you can expect to wait for up to two months before you receive anything. When you do, it will only be a postcard verifying that the office has RECEIVED your application. Yes, it takes two months for this.
At this point, you need to have a lot of patience. Roughly six months will pass before you hear anything else on your application. It could be longer. The delay means nothing in relation to the merits of your application. It just takes forever. If you finally receive correspondence accepting your application, you will need to wait another month for it to be published and then become approved. If the trademark office wants clarification on your application, you will have thirty to sixty days to send it in. Once you do, it is time to sit and wait some more – often two to four months. It can be maddening. The process can often take more than a year to play out.
Whether you attempt to obtain a trademark on your own or use an attorney, it is important to understand what you are getting into. Don’t worry when you do not receive anything for four or five months. This is standard operating procedure at the PTO. Sooner or later, they will get around to it.
About The Author
Gerard Simington is with http://www.findanattorneyforme.com - a free attorney directory.
Trademarks – An Exercise In Patience
A mark is simple a distinctive name, brand or whatever for your person or business. At the risk of being sued to high heaven, the name “Google” is a trademark for a certain search engine. When it is mentioned or you read about it, you know exactly what it refers to. As a business becomes successful, it will almost always want to trademark its brand, logo or whatever.
Obtaining a trademark is not particularly difficult to do. The process is controlled by the United States Patent and Trademark Office. The “PTO” is an agency falling under the control of the United Stated Department of Commerce. Fascinating, eh?
Filing a trademark application with the PTO is an interesting ordeal. From a technical stand point, it is fairly simple. You can search online to see if anyone else has already obtained the trademark you are after. If not, you can fill out an application and file it online. The PTO will assign an attorney to it. He or she will either approve the application, send correspondence asking you to clarify some aspect or outright reject your application. While this sounds straightforward, there is one aspect that turns the process into an annoying one – time.
The trademark office is a government agency. As such, one can expect a certain amount of lag time in getting things done. The trademark office, however, takes this to the extreme. When you first file your trademark application, you can expect to wait for up to two months before you receive anything. When you do, it will only be a postcard verifying that the office has RECEIVED your application. Yes, it takes two months for this.
At this point, you need to have a lot of patience. Roughly six months will pass before you hear anything else on your application. It could be longer. The delay means nothing in relation to the merits of your application. It just takes forever. If you finally receive correspondence accepting your application, you will need to wait another month for it to be published and then become approved. If the trademark office wants clarification on your application, you will have thirty to sixty days to send it in. Once you do, it is time to sit and wait some more – often two to four months. It can be maddening. The process can often take more than a year to play out.
Whether you attempt to obtain a trademark on your own or use an attorney, it is important to understand what you are getting into. Don’t worry when you do not receive anything for four or five months. This is standard operating procedure at the PTO. Sooner or later, they will get around to it.
About The Author
Gerard Simington is with http://www.findanattorneyforme.com - a free attorney directory.
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