The World of Trademark and the Trademark Office Trademark is any icon, word, or image that symbolizes a product or services of a company. It may also be a symbol of recognition of a non-profit or non-corporate organization. Trademarks are supposed to be registered at either domestic or global levels and their proprietors are endowed with legal privileges and protection for the use of the trademark for commercial or recognition reasons. Trademark is considered as an intellectual property. Intellectual properties are defined as the term used for a group of legal privileges to a different kinds of ideas, information, or creative works in certain medium of expression. Other categories of intellectual property are trade secrets, copyright, patent, and industrial design right. If the company or organization has decided upon a trademark, then it should be registered to a trademark office to enjoy the rights and privileges the trademark law provides. But before the application is approved by the trademark office the owner or company must ensure the distinctiveness and availability of the chosen design. In other words, other than the reason for its originality, the trademark design should not be in use of another organization or company. If the eligibility of the trademark has been determined by the help of trademark lawyers, then the application may proceed smoothly. Subsequently, if the chosen trademark has no other problems then it can be registered. Following its registration is the trademark's being published in the trademark office's official publication to make known to the public that this trademark has been officially registered. Through this, any member of the public is informed of the new trademark and may have the right to contest its eligibility if he or she believes that another company or organization was injured, commercially or through reputation, by the registration of the trademark. The following are the overview of what the trademark offices do and the role of its global society in pushing through innovations in world of trademark and patent systems. The main function of any trademark office is to endow exclusive rights for the protection and registration of trademarks. It basically gives service to the welfare of enterprising establishments in connection with the recognition or identification of their commodities and services. It may also facilitate the implementation of intellectual property laws. And with the authority of any trademark office, it is also a tool for the advancement of any country's innovation in technicalities as well as its economy. This agency has the authority to evaluate trademark applications. It also publishes and makes known to the public trademark documentation assignments, trademark information, and keeps a collection of search files of domestic (and possibly foreign) patents and trademarks. Some trademark offices also have search rooms that are open to the public where they can freely study previously registered trademarks. And like any entity, trademark offices from around the world have created their own group to easily collaborate with each other about the regulation of the trademark system. The patent office is deemed inseparable with the trademark office. They go hand in hand within the systems of enterprise and commerce. Collaboration between offices can be very helpful for the improvement and innovations of the system. Patent and Trademark Office Society is the global organization of trademark and patent offices between countries. This organization has a dynamic control on trademark systems as well as patent systems which supports the advancement of the system's development. The origin of this organization can be traced back to January 4, 1917. It was mainly created to allow easy collaboration between the offices in the improvements of the system. The main goal of the society is to encourage the progression of the trademark and patent systems, support the societal and professional interests of the Society's affiliates, to allow the progression of development of the criterion of ethical professionalism among Trademark and Patent offices, and to implement legitimate functions of trademark and patent systems. The most successful product that the society has generated is the creation of the Journal of The Patent and Trademark Office Society publication. It basically endorses the scholarly and professional interests of the society's members and the general trademark and patent profession. The publication has been utilized as the standard vessel for information distribution and the barter of intellectual ideas in the world of trademarks, copyrights, and patents. The society has also been circulating a publication called the Unofficial Gazette. It is practically employed as a communication tool between its members about their leisure interests. The Patent and Trademark Office society has also helped in the enhancement and appropriate operation of the laws and system concerning both trademarks and patents. The Naming Game of The Trademark Name A trademark is a name, icon, image, or any sign that helps identify mercantile goods and services. It offers exclusive rights to the trademark owner to do whatever the owner want to do with the trademark and prevents illegal or unauthorized usage of other individuals or companies. These exclusive rights are granted in return for financial benefits to an agency (usually a government agency) that grants trademark rights. In contrast to patents, the time span of trademark protection depends on the contract signed. However, trademark protection can be reinstated or renewed for an indistinct period of time for as long as the owner can pay the supplementary charges. The use of a trademark can be traced back to ancient times, back when men of craftsmanship replicated their trade name on their merchandise. Through the course of time, these trade names or marks progressed into the present day's organizational structure of trademark protection and registration. In other words, trademarks are used for the commercial and financial advancement of services and products. Sometimes the marketability of a service or product lies with the trademark name. A good trademark name is easy to recall and can generate interest among potential consumers. So, in choosing a trademark name, the potential owner should think of name that is easy to protect and easy to sell. Potential proprietors of the trademark can achieve its marketability and protectability by thinking of an exceptional trade name. The following may be of help in formulating a trademark name with a strong commercial appeal as well as meeting the criteria of trademark registration for its protection: * A good way of picking a name for a service or product is to find a term (related to the product or service) from a mythology, legend, culture, animal, plant, music, art, sports and other thousands of possible source of trademark names. Selecting from a category that is related to what the company manufactures or services is a straightforward of selling. * Opt for a name or phrase that signifies the principles or standards of the company or its commodities. The name may not be a literal description. Concentrate on words that have an optimistic implication which will promote its marketability and may consequently motivate the consumers. * Other companies use acronyms or abbreviations instead of a specific term in distinguishing themselves in the corporate world. * Make use of a word or phrase from a different or foreign language to convey the ideals of the company or its commodities. But according to the trademark law an exact translation of a word or name into a foreign language can not be endowed a trademark registration. Terms from a different language that are suggestive but do not literally describe the company and/or its commodities are allowed to be registered. * A creative way to pick a name to distinguish a company and its commodities is to formulate an original name. Inventive and original names can be easily recognized as a protectable trademark due to its uniqueness. The only drawback is to the cost of advertising to inform potential consumers about the new name. To overcome this minor dilemma, it is best to add some words that are descriptive enough to reduce any consumer confusions. After the problem of choosing a trademark name has been solved, then it is time for its application for its eligibility for trademark protection. Just take note that a whimsical or suggestive trademark can be easily granted protection. The probability of the trademark's achievement can be verified by a lawyer who specializes with trademarks or trademark attorney by reviewing a trademark search. It would be preferable that there is a list of possible names to choose from. By doing this, maybe at least one of them can be granted a registration. Always prepare for the worst, as they say. With diligence, creativity, careful research, and pure luck, it is not impossible to come up with a trademark name that will gratify the whims of potential consumers as well as the legalities that comes with registration. All the hard work will pay off when a trademark name is finally registered and is up for keeps by the company or organization. As long as they can afford the additional fees, of course. Going Loco over Trademark Logos The word logo itself came from the Greek word logotipos which means a detailed graphic icon, element, or symbol of a trademark which is positioned in a distinctive typography. The classic logo is creatively planned to easily attract attention and recognition from potential consumers or mere spectators. The logo is basically just one of the many features of a company and/or its commodities for commercial and/or distinction purposes. Logos for each brand is distinguished by its color, shape, fonts, and icons which will help it to be set apart from similar brands in the corporate world. But logos can also be utilized in the recognition of non-corporate organization or institutes. In a crazy fast paced world of the 21st century, it is imperative that a logo is unique form all others to steer clear from unnecessary misunderstandings in a buffet of potential consumers, associates, contractors, and the general community (whether domestic or global). After a logo has been formulated, it can be now ready for trademark registration to protect it from illegal users. The success of a logo can be determined through its individuality or distinctiveness which will avoid any perplexities with other logos. It should also be practical which can be utilized in a variety of situations without losing its reliability. The logo must also be a good representative of a company and/or its commodities. Another is that it must be visually effective in attracting its target audience. The best logo is the one tat generates widespread curiosity in a positive viewpoint. "Trademarking" a logo will necessitate the expertise of a trademark attorney. Usually, a design search is carried out to verify that the chosen logo will not cause infringement on other existing registered trademark logos. In any trademark lawyer's opinion, a good logo design is the integration of the best features of the whole collection of proposed well-designed logos. This is due to the fact that the magistrates favor a trademark logo with a backup of a collection of logos with identical designs. This said collection is known as a family of marks. The trademark attorney will also verify that the formulation of the logo works hand in hand with the trademark search. Coming up with a logo that is unique as well as its practical marketability will boost the possibility of not finding an identical logo that may have greater trademark rights. The trademark lawyer will basically give assistance in ironing these problems and is also highly knowledgeable about the application process of a trademark logo. The trademark lawyer will then discern if the logo meets the criteria of legalities that are needed for it to be registered. Now, formulating a logo is another thing. The logo is imperative in creating brand consciousness. The logo can be known as a company's face. In any case, it should be presentable as well as visually interesting. In formulating a logo, there are two methods of doing it. One method is by designing or inventing an original logo. The second method is by the employment of logo design sites that provides assistance in the creation of logos. The best way to pick a logo design site that will be compatible to the company or organization's standards is through the sites' design sample logos or portfolio. It is best not to hesitate to ask if they can come up a collection of logos that the company may choose from. Having a collection of logos can also help if the primary chosen logo was not accepted for registration. In any case, with or without the help of a logo design site, a creative mind will help in the formulation of a logo. In deciding the structure of logo, it is best to have a line of logo designs to choose form. By doing so, there will be enough designs to choose from and at least may be one of these logos will pass the criteria of becoming registered as a trademark logo. Coming up with a distinct design will be easy for it to be registered and enjoy the trademark protection. Lastly, one should open their mind, heart, and soul when coming up with the best unique logo design that will please the gods of both the corporate world as well as of those of the courts that grant registrations. Also, multiple ideas are better than one. So, extensive research and scouting for ideas and suggestion will be of great help. Different Types of a Trademark and Its Importance A trademark or trade mark is used by organizations as a distinctive sign of their identity, services, and products provided to consumers. It also differentiates one organization from other organizations and intellectual property as well. Generally, a trademark pertains to an industrial property. IP or intellectual property is defined by the law as a legal entitlement attached to a particular type of ideas, information, and other intangibles. The owner of such legal entitlement can exercise several exclusive rights associated with the IP's subject matter. As the name suggests, IP contains subject matters that are products of the intellect or mind. The IP rights are also protected by the law similar to other types of property. Originally, a trademark can contain elements such as word, name, logo, phrase, image, design, symbol, or combined elements. There are also wide varieties of trademarks which are not conventional and do not belong in the standard categories. A trademark can refer informally to the distinguishing attributes of some individuals where they are popular with. Some examples include the distinctive ducktail haircut of Elvis Presley, the flamboyant jewelry and costumes of Liberace, the oversized sunglasses of Elton John, the mustache of Groucho Marx, and the breast size of Pamela Anderson and Dolly Parton. The trademark's important function is to identify exclusively the origin or commercial source of the services or products. Thus it can also be called as "indicates source" or "badge of origin". Using trademarks in this manner is known as trademark use. Whoever owns the trademark can seek enforcement to protect the rights and interests from unauthorized users. It is vital to note that the rights of a trademark are based generally on the use and registration where the mark is going to be utilized. Although in some cases, legal action can be done to prevent using the trademark in other services or products outside its range. However, it does not necessarily mean that the law also prevents the general public in using the trademark. A common phrase, word, or other designs is removed from public domains so that the trademark's owner can maintain exclusive rights of their services or products. Terms including logo, brand, or mark are sometimes interchangeably used to refer to trademark. But, the terms branding and brands are appropriate to use in advertising and marketing concepts. Using a trademark which is related to services can be called as service mark. This term is widely used in the U.S. Other specialized forms of trademark are defensive trademarks, collective trademarks, and certification marks. A genericized trademark is used popularly to describe a service or product without distinguishing it from the third parties. Whenever the trademark becomes synonymous and the owners can never enforce their propriety rights, then the mark becomes generic. Any sign is capable of producing an important trademark as long as it qualifies on the trademark functions. The concept can even extend to non conventional signs which include shapes, smells, sounds, taste, moving images, and texture. However, using such trademarks can considerably vary from one jurisdiction to another. Sound marks and shape marks may not anymore be included in the future. The "(T)" symbol can be used if the claimed trademark rights are only related to the mark itself. This mark is not registered in the trademark office of the government in a certain jurisdiction or country. The symbol is an indication that a trademark is registered. The use of these symbols is not mandatory but it is not legal to utilize the (R) symbol for unregistered trademarks. A trademark is considered by the law as type of property. Its proprietary rights can be established upon actual use in a certain market or registration in a particular trademark office. In most jurisdictions, the rights are established using one or both methods. In some jurisdiction, a trademark is not generally recognized especially those services or products associated with "use". China belongs in this category. The owners rights can be limited if they failed to hold a trademark registration in such country. A trademark which is registered confers exclusive rights. Once the trademark rights are recognized in one jurisdiction, generally these rights became enforceable. Nevertheless, the system and laws associated with international trademarks also varies from one jurisdiction to another. The Rewards of Having a Registered Trademark and the Application Process Putting up a business, especially a large scale one, entails a lot of requirements that the owner or proprietor must be able to meet. This includes local business permits, state requirements, and all other paper that are deemed necessary in organizing your business. If you're thinking of putting up a business, then why not register a trademark? Trademark is considered as an intellectual property either for a business or a person. If you want to keep your mark, the best way is to trademark it. And when you're talking about trademarks, you need to be patient. You can't put up a business if you're not confident that it will succeed. More or less, you've done your extensive research and study before coming up with such endeavor. And if you're business is already on its way to the top, you will most likely apply for a trademark and that can be in the form of a logo, brand or whatever. Securing a trademark is not that difficult. You can go to the USPTO office, or you can log on to their website to get the necessary information that you need in applying for a trademark. The application process is very simple, but what makes it annoying is the time. That is why you really need to exercise a lot of patience when you're applying for a trademark. This is an ordeal that you have to deal with. Technically, the entire process is not complicated. First, you must make a thorough search online to check that there's no existing trademark similar or identical to yours. It would be best to hire professional help in your search just to be sure. The next step is to fill out application forms and file your application online. Usually, the patent and trademark office will designate an attorney for your application. The attorney will either approve or reject your application. He/she will let you clarify through correspondence if there are unclear aspects in your application. The USPTO is an agency of the government, so you can expect a lag time. You must know that it isn't mandatory to register a trademark. However, those that do have registered trademarks are at a great advantage over those businesses that have one, why? If you have a registered trademark, the people will immediately be aware of it, as well as your competitors. No one will interfere with your business or try to confuse your customers because you can file a court action to any business or person who attempts to infringe your name. Your business is protected and your name is individualized; therefore you can have a lot of peace of mind if you have a registered trademark. Confusions among businesses are a usual occurrence but if you're products and services are registered, there is no need to worry. You can use the symbol 'circle R'; establish your brand identity, and exercise exclusive rights within the industry and throughout the country. Once you've filed your application, you will wait for about two months before you can receive a postcard from USPTO and it verifies that your application has been received by the office. After that, you will not hear anything from the office for at least six months or even more. The application seems to take forever, and once you receive another correspondence stating that your application has been accepted, you will again wait for another month before it is published and become approved. However, if the office needs clarification, be sure to send it within 30-60 days. After that, you have to wait for another two or four months. Most registered trademark applications take over a year, and you're quite lucky if your application was approved less than one year. So if you have an outstanding trademark application, don't worry if you haven't received any correspondence from the USPTO, it's an SOP of the office. In the meantime, you can continue your business while you're waiting for the application to be approved. Remember, if you want to have an edge in your chosen industry, have a registered trademark. If you're one of those businesses that are not trademarked, you'd better think twice of the possible ramifications that you may encounter. So why wait for it to come? Secure an application today and be protected. Registering A Trademark: The Step-By-Step Process in Trademark Registration When people think of starting their own business, what they usually think first is the logo or the trademark of their company. They will also think about the capital and will make the necessary business plans to present with the bank when taking out a loan. You have to consider that it is important for a business to have a trademark symbol in order for consumers to identify their products. If you want to start your own business, you may want to think about the design of your trademark symbol or logo. You have to consider the fact that it should be unique and should be easily remembered by consumers. However, just thinking about and designing your trademark and applying it in your products and as business logo is not enough. You have to consider the fact that registering your trademark is also important. By registering your business trademark, your company will have exclusive rights for the use of the trademark. By having that right, it will make it illegal for other companies to copy your trademark symbol to be placed in their products. You have to consider that in order to protect your products better, you have to register your trademark in order for it to become illegal to reproduce without the authorization of your company. First of all, trademark registration is done in the United States Patent and Trademark Office or the PTO. The Patent and Trademark Office is responsible for registering trademark and is also responsible for granting exclusive rights for the company to use their trademark symbol. The Patent and Trademark Office is also responsible on patenting new inventions and copyrighting works of art and engineering designs. You have to realize that the Patent and Trademark Office is responsible and is actively implementing the intellectual property law. The first step in trademark registration application is by filing for it with the Patent and Trademark Office. Once your application is received by the Patent and Trademark Office, it will review your application and determine if it meets all the minimum requirements set by them. If not, all the documents you mailed, including your application and the fee will be returned to you. However, if the filing meets the minimum requirements and is approved by the Patent and Trademark Office, they will assign a serial number on it and sends you a receipt after about two months after filing it. However, you have to consider that this is not the end of the process and you cannot use the trademark symbol yet. The next step in the registration process is the examination of the trademark symbol made by the Patent and Trademark Office's attorney. The attorney will search the database for registered trademarks and determines if the trademark symbol you are trying to register will be rejected or will be approved. Usually, the common grounds for rejection is that the trademark being examined bears similarities to trademarks already approved. You have to consider that it will be lengthy process considering all the trademark symbols existing today. This is why you should make sure that your trademark will bear no similarities or resemblance to existing trademarks that is already registered. You can do this by hiring your own patent and trademark lawyer or by searching for it yourself. However, it is recommended that you should hire a lawyer because it can prove to be time consuming when you look for it yourself. The trademark lawyer you hire will be knowledgeable and will be responsible in all the different legalities concerning your trademark. If your trademark symbol has been rejected, the Patent and Trademark Office will send you a letter and call you by phone and inform you about the grounds for rejection. You should overcome all the objections and have it reexamined by the lawyer again. You can do this by redesigning your trademark symbol. These are the things you need to know when registering your trademark symbol. As you can see, it will take quite a while before you can actually legally use your trademark. If you want the process to go faster, you can consider hiring a trademark lawyer where they will prepare all the necessary documents and requirements. They will also do an examination of your trademark symbol and determine if you need to redesign your trademark or not. Trademark Registration with the US Patent and Trademark Office "To safeguard investors or entrepreneurs' patent or trademark: " that is the main goal of the United States Patent and Trademark Office (sometimes referred to as USPTO or PTO only). The said office is under the office of the US Department of Commerce. Its current location is in Alexandria, Virginia. History of USPTO It was in the 17th century wherein a patent system was organized in a national scale to assure inventors of their rights to the discoveries they made. After which, it gave birth to several patent laws. From the late 17th century until mid 18th century, there were a lot of patent applications nationwide. Since by-rules and regulation of the office has not been fortified, numerous problems were encountered. With that, the office began to think of solutions for an efficient process of patent application. By the year 1991, the US Patent and Trademark Office have been entirely financed from the fees charged to process patents and trademark. Goals of USPTO The US Patent and Trademark Office have three primarily goals to achieve: 1. The office needs to properly administer by-laws which concerns patents and trademarks. 2. The office is expected to give appropriate advice to the Secretary of Commerce as well as the President of the United States. 3. The office is expected to offer advice to people who need counsel on issues regarding intellectual property. USPTO on Trademark Registration There are three ways which you may undertake if you intend to register a trademark. 1. "Use" Application -- this is applicable to applicants who want to register a trademark that is currently used for business. "Use" application is utilized on a national scale or can even be on the international scale. Use of trademark in a local scale is not under accepted under this category. 2. "Intent-to-use" Application -- this is applicable to applicants who want to register a trademark that is intended to use for business. 3. Trademark application by an international agreement -- this is applicable to non US residents who want to register a trademark. Once you know what category you belong, you may know obtain an application for trademark registration. You need to present the following: * The official name of the applicant. This is commonly a business name. * The location where the application is situated. For a company, "state of incorporation" should be declared. On the other hand, if the applicant is a sole individual, then the "country of citizenship" is required. * The "drawing" of the mark in its accurate form. * A detailed narrative where the "mark" will be utilized. * If it is on an international scale, then a written report on the "international categorization" of the goods or services is required. Commonly, the application is being completely undertaken by the mark owner with the help of a trademark lawyer. After you filled out the above-mentioned items, you need the following items for submission at the PTO: 1. Three similar sample of the mark being registered. 2. An application fee. After you have all the necessary documents, then you can now submit it to the office of Patent and Trademark. If you are able to gather the minimum prerequisite for trademark registration, then you will be assigned a "serial number." As proof of registration process, the office will send you a receipt. It usually takes two months before you receive your receipt. You will wait for approximately four months to be updated whether your trademark has been approved or not. During the four-month period, the examiner, usually a lawyer, assesses your application. The USPTO will inform you if your application has been disapproved. When you receive a "disapprove" notice, it is recommended for you to take appropriate action within a period of six months or else your application will be discarded. Your appeal for reconsideration may be forwarded to the "Trademark Trial and Appeal Board." When you obtained an "approve" notice to the trademark you have registered, then you can now use the trademark registration symbol (R). Do not be encouraged by hearsays about federal trademark registration. There is an appropriate agency which can provide you with accurate information if you intend to register a trademark. It is recommended that you follow step-by-step instructions set forth by USPTO so that you will receive optimum protection for your trademark. US Patent and Trademark Office: Providing Security for Your Products, Business, and Ideas It is natural for people to come up with different kinds of ideas in order to make some money. Some invents different kinds of revolutionary products with different purposes. With an original idea in their mind about a revolutionary product, the most natural thing to do is to turn that idea into a reality and make it available in the market to make some profit out of that idea. However, starting a business is not as simple as it seems. You have to consider that there are laws for it and these laws are very different from any other kind of laws available. The intellectual property law is made to protect the ideas, businesses, trademarks and inventions. However, before you start claiming that the certain invention was your idea and you first invented it, you have to realize that in order to legally claim that it is your invention you first have to patent it first in the United States Patent and Trademark Office. The patent and trademark laws are unique and require a different kind of lawyer for it. First of all, you have to know what the US Patent and Trademark Office is all about. You have to know what they do, and what its mission is in order to fully understand why it is important to get your business, and inventions patented. The US Patent and Trademark Office promote strengthening the national economy by implementing the laws on patents and trademarks. The PTO is also responsible for advising the President of the United States and its administration as well as the Secretary of Commerce about the implementation of patent, copyright and trademark protection in the country. In short, they are responsible about the every aspect of intellectual property. The Unites States Patent and Trademark Office or the PTO employs more than 7,300 employees. Roughly about 3,000 of its employees are patent examinees and 400 are trademark examining lawyers who are responsible on the legal aspect of patenting and copyrighting. The rest of the staff are support staff who assists the main personnel of the PTO. The patent examiners are engineers and scientists who don't necessarily have law degrees. You have to consider that there are quite a lot of patents to companies pouring every year in the PTO. In fact, as of March 2006, the PTO has issued more than seven million patents worldwide is continuing to increase. If you want to patent a certain invention, you have to consider that it is a complicated process. If you don't know anything about the intellectual property law, you have to consider getting a lawyer who is an expert on this field. The lawyer will be able to advice on the different patents and they will be the ones who will be responsible for assisting you with the step-by-step process in the PTO in order to patent your invention or product as soon as possible. When it comes to starting your own business, you have to consider that you will need a trademark for your business in order for consumers to identify if the product they are purchasing comes from your company. Your business should have a unique logo. The trademark should also be registered with the PTO in order to protect your business from piracy. The PTO personnel will examine your business logo and business name and see if it is unique and no other business has the same name and a similar trademark. There is a step-by-step process on which the PTO will examine your business trademark. There are also certain rules they apply whether your trademark is acceptable or not. These are the things you have to remember when you are trying to get your invention or your trademark patented or copyrighted. As you can see, it is very important that you should patent your invention and copyright your designs in order to protect it from piracy. By patenting it, you can be sure that no one will copy it without your permission. Unauthorized copying of your products and even your trademark is illegal and is within the bounds of the anti-piracy law. Protect your business and your ideas with the US Patent and Trademark Office. US Patent and Trademark Office: Why You Need To Register Your Trademark Many people today now prefer to start their own business once they made enough money for capital. You need to consider the fact that having your own business means that you don't have to work like a slave 8 hours a day in a company you don't even own. Besides, you wouldn't want to work for a company you don't even own forever. You have to consider that having your own business means more freedom and you will be the boss of it. However you want it to run is up to you. If you are thinking of starting a new business, you need to have a strategy to make your products sell. You have to consider that your new company should have a trademark in order to have an identity in the marketplace. By having your own company trademark, you will be able to get your products known to consumers and if you do have a great product to sell, you will definitely make a big name for your company. For example, in the sports apparel business, you will see different T-shirt, shoes, and other sports apparel product designs with a company trademark sewn or printed on the product. Each company trademark is unique and stands out from other trademark symbols. So, if you want to start your own business, you have to think of a trademark symbol that will stand out from the rest of the same products you plan on selling in order for people to notice it. However, you just don't think of a unique design, and have it printed on your products right away. You first need to apply for trademark registration first in order to have exclusive rights for your company to use the trademark and make it illegal for other people or companies to use your trademark in their products without your permission. This is a way to protect your product from piracy. You have to consider that trademarks are also represented in the intellectual property law where a company or a person does not have the right to use a registered trademark in their own products without the proper authorization of the company who owns the registered trademark symbol. Although it is not required by law to register your trademark symbol, registering it will give you a lot of advantages. The first advantage of registering your trademark symbol is that you will have legitimate ownership of the trademark. The second advantage is that when a company uses your registered trademark without your authorization, you will have a stronger case in court when claiming your trademark and ask for damage fees. It will also serve as a basis to obtain registration in foreign countries, which will make the registration process faster. If you noticed that there are different signs at the end of the trademark symbol, usually TM, SM and "R" inside a circle, you have to know the differences between these three. At any time you want to claim a mark, you can use the TM or SM designation to alert the public that you already claimed the mark, even if you haven't filed an application with the trademark office yet. However, the use of the R enclosed in a circle, meaning that it's already registered, should only be used when the mark has already been registered with the trademark office. You can file a trademark registration application with the US Patent and Trademark Office or the USPTO. To do this, you must meet certain standards set by the US Patent and Trademark Office in order to get your mark registered. You have to consider that the application process can take a long time. Firstly, you must fill out a form for trademark registration application and submit it at the USPTO. It is important that the application form should contain all the necessary information asked which will include your name, address, and even a detailed drawing and description of your mark. You will also include an application fee. If the application is approved, the next step is by examining it by the USPTO authorized examiner. The examiner will be responsible in finding out if there is another mark already registered the same as your trademark. It will take quite some time for the results to come out and if there is no similar mark existing in the USPTO registered and pending trademark database, your mark will be approved. The next step is publishing your mark in two months and if no one opposes your trademark, it will no longer be a "pending" trademark instead it will be a registered trademark. Protect your company by registering your trademark with the US Patent and Trademark Office. US Patent and Trademark Office in a Nutshell You might have heard a couple of times the words patent and trademark. Though you have a vague idea of its relation to commercial products and to your favorite icon, you may have not wholly grasped what it really is and who has the authority to grant trademarks and patents. You have this fuzzy idea that it somehow protects products from piracy problems and helps distinguish the forged product from the real one. A patent is a group of limited rights given by the state to the patentee or inventor for a certain period of time in barter for the controlled public expose of information about the invention, composition of a substance, which can be very useful to the industry or can be commercially popular. The grant will be exclusive only to the patentee thwarting off other individuals from legally manufacturing and or selling off the patented product. Trademark, on the other hand, is any unique symbol or logo which can be utilized by an individual or organization to promote their merchandise and services to consumers. Trademark can be consisted of logos, symbols, design, icons, word, phrase, name or a amalgamation of these essentials. The USPTO or United States Patent and Trademark Office is the agency that controls trademarks and patents registered in the United States. The United States Patent and Trademark Office is a U.S. Department of Commerce organization. The USPTO basically endow patents to register trademarks and protect inventions. This organization provides service for the interests of commerce and inventors as well as their business products, inventions, and their service identifications. It also serves various government agencies when it comes to issues concerning domestic and international facets of intellectual properties. The USPTO upholds the development of the country's technology and industry, as well as fortifying the economy. The USPTO was created by the United States Congress mainly for the purpose of granting patents for the benefit of the government. Back in the year 1802, the Patent Office was a separate agency in the Department of State. It was then when an official of the office was called Superintendent of Patents. The Patent office was eventually restructured after the amendment of patent laws in the year 1836, the officer in charge became known as Commissioner of Patents. The office stayed on the wings of the Department of State until it was reassigned to the Department of Interior in 1849. Then it was relocated to the Department of Commerce in 1925 up to the present day. The name Patent Office itself underwent some forms of evolutions. In 1975, its name was altered into Patent and Trademark Office. But then again, it was changed in the year 2000 into the United States Patent and Trademark Office, which the name still remains as of the present day. The Under Secretary of Commerce for Intellectual Property is the chief and director of the USPTO. As the chief of the said agency, the Director is in charge in the supervision of tasks in relation to the issuing and granting patent. The Director also supervises the listing of trademarks, sets down policies and regulations, which are subject to the authorization of the Secretary of Commerce, for the performance of the proceedings of the Office. The Under secretary also tackles a variety of issues carried out before the Office by appeal as imposed by the policies and regulations. The USPTO chief has other duties that are required for the Office's administration. Although the chief of the USPTO may have huge responsibilities on his or her shoulders, the workload of probing applications for patents are shared by several examining technology centers or TC. Each examining technology center have their own control over each fields assigned to their center. The TC is led by an assemblage of directors, examiners, and support staff. The examiners study the application for patents and decide if a patent can be granted. These same examiners also make out applications that may claim identical inventions and may well start proceedings to settle on which inventor came with the invention first. The TC may or may not grant a patent but an appeal can be brought to the Board of Patent Appeals. The Director of the USPTO may review the case and he or she may have the final say about the matter. You have something original in mind? Have the USPTO patent it and have them recognize your trademark. US Patent and Trademark Office: Protecting Your Intellectual Property In today's world, there are people who think of different kinds of ideas and invent them. Some are original and others are based on other ideas. You have to consider that most inventions comes from people's thoughts and by inventing it, they inventors will be able to profit from it if it is useful for people. However, you have to consider that there are people who also want to make money for themselves and will try to copy your ideas in order to do it. Because of this, many people have lost their invention. You have to consider that it is important to protect your intellectual property. Today, there are certain intellectual property laws that protect people's ideas from piracy or unauthorized duplication. With this law, your invention or even your design will be protected. So, where can you get your intellectual property protected? The answer to this question is the United States Patent and Trademark Office. The USPTO is a branch of the US government that is responsible for protecting the intellectual property of people. To do this, the person with a certain design or an invention should have it patented in the PTO. However, the process is complicated and will require a certain amount of time. You have to consider that the laws concerning the intellectual property is a special kind of law that requires a special kind of lawyer. The patent lawyer will be able to help you with your needs in patenting your designs or your inventions. They are responsible for helping you understand how patenting and copyrighting works and they are also responsible for helping you with the step-by-step process in having your invention patented. To have your invention patented, you need to have proof that you indeed invented it by showing a prototype and the blueprint for it. Once you have it, all you need to do is show it to the patent lawyer you hire. The lawyer will then prepare all the legal documents and all the paperwork you have to sign to get your invention patented. By fulfilling all the requirements of the US Patent and Trademark Office, your invention will be examined by the personnel in the USPTO. They will conduct several examinations to your inventions and determine if it is qualified for patenting. They will also search if your idea has already been invented, which is a ground for disqualification. You yourself will demonstrate your invention to the USPTO. If it works and the USPTO is satisfied under their scientific and technical category for competency, you will then undergo a USPTO administered patent exam called the United States Patent and Registration Office registration examination. This exam covers all the regulations and procedures that govern the USPTO practices. If you are knowledgeable about the step-by-step process in the USPTO, you can file the patent for yourself without the assistance of a lawyer. This particular procedure is called filing a patent pro se. You will not need to be represented by a registered patent attorney or a patent agent. However, it is not recommended for people who don't know anything about the USPTO process because you have to consider that it is a complicated and hard process to go through. You also need to consider that you should be financially prepared for patenting your invention. With an attorney representing you, the attorney's fees will cost more than US$20,000. Getting your invention is a hard process and very costly. So, you have to think about patenting your invention with the USPTO first before you go through the process. You have to be prepared financially because it is a very expensive process. You also need to make sure that you understand the categories about the demonstration and the approval of your invention with the USPTO. These are some of the things you need to consider when patenting an invention. If you are sure that it is worth patenting your invention, then you should visit a patent lawyer and they will be able to provide you with all the necessary information regarding the patent filing process. Just keep one thing in mind, if you think that your invention will be a hit with the public and can generate a lot of income for you, you can consider having your invention patented to protect it from being copied and be under the intellectual property law. Trademark Symbol: What You Should Know About Trademarks and the Registration Process Many people today now prefer starting their own business. In fact, people work in companies just to earn enough money to have a capital for investing in their own business. You have to face the fact that you don't want to be employed with a particular company for a long time. Having your own business has a lot of benefits. It will include giving you complete freedom where you can have the choice of how to run your business and it will give you the chance on experimenting on your ideas on how to successfully run a business. However, you have to consider that starting a new business isn't just about having enough capital and making a business plan. You should consider that you should also have your own business trademark. The trademark is very important in a business. This will serve as a unique symbol that will separate your business from other businesses. For example, if you are out buying for a pair of shoes, you will realize that there are different kinds of shoes with different consumer opinions. You will also have a opinion on which brand of shoes you want to purchase. The first thing that you notice between the different kinds of brands in shoes is the trademark symbol it has. You can easily distinguish which company designed and made the shoes by simply looking at the logo. Through logos and trademark symbols, you will see that you can easily distinguish one brand from another. The trademark symbol will tell you about the reputation of the company and will also tell you what you are going to purchase. These are the main reasons why you need to have a trademark. However, officially a trademark is used to prevent confusion in consumers when purchasing one brand from another. By having a trademark for your products, the consumer will not be confused on which product to purchase. First of all, you will notice that no trademark is alike. You have to consider that you have to register your trademark and the registration process will take time. Your trademark symbol will undergo an examination in the PTO where it will determine if your trademark is unique and bears no similarities with existing registered trademark. It is a lengthy and expensive process that you should consider. This is why you should think of your trademark symbol design first before having it registered with the PTO. By making sure that no registered trademark symbol bears similarities with your trademark symbol, you can be sure that you will not suffer from rejections from the PTO. To make sure whether your trademark symbol is already being used or is already registered, you should conduct a trademark search or you can hire a patent and trademark lawyer to do it for you. It is recommended that if you don't know anything about the trademark registration process, you should hire a patent and trademark lawyer. These people are knowledgeable about the different step-by-step process in searching for trademark symbols and they are also the people whom you can rely on about the step-by-step process in trademark registration. They will be the ones who will help you or guide you with the different legal documents and requirements you have to prepare when registering a trademark symbol. When filing a trademark registration, you should have all the minimum requirements prepared and present it to the PTO. The next step will be having it examined by the PTO's patent and trademark lawyer where they will determine whether the trademark symbol you are trying to register is already being used or bears resemblance to other registered trademarks. They will be the ones who will determine whether your trademark symbol will be approved or rejected. By hiring a patent and trademark lawyer, you can be sure that they will be the ones who will represent you if you file for a trademark appeal if your trademark has been rejected by the PTO or the Patent and Trademark Office. They will be the ones you can rely on if your trademark symbol is being contested or whether it is being used illegally by other companies without your permission. These are the things that you need to know about trademark symbol and its registration process. By registering it, you can be sure that your business reputation is protected from other people who want to make easy money by using your trademark symbol in their products just to sell it fast at a low price. Protect your business by registering your trademark symbol with the United States Patent and Registration Office. Trademark Search: How to Know If Your Trademark Is Already Being Used There are a lot of different kinds of new businesses opening today. This also means that there will be a lot of different business names and business trademarks popping up in the market. This is why you have to consider that starting your own business isn't just about having enough capital as well as making a great business plan. You have to know that there is also a business name and trademark registration that you have to consider when you are starting a new kind of business. First of all, a trademark is what companies use to mark their products in order to be identified easily by consumers. It can be in a form of a name, or it can be a logo or a sign. For example, if you are looking for a particular brand of shirt, you will see that the particular product has a unique logo to distinguish them from other shirts made by other companies. As you can see, having your own trademark for your products is very important. You may just want to copy other trademarks but you should know that it is illegal to do so. You should consider that you should make up your own trademark. Your trademark should be unique and should bear no similarities with other kinds of trademark to prevent confusion among the consumers. You should also know that you are required to register your trademark in order for you to legally use it in your product and also claim that the trademark is yours and no one else can copy it. Unfortunately, there are now a lot of different trademarks registered in the PTO or the Patent and Trademark Office. Because of this, it will be hard for you to come up with a unique trademark and the chances for the trademark to be rejected by the PTO on the grounds of bearing similarities to registered trademark is quite high. This is why you should first know whether your trademark design is already being used or even your business name. To do this, you can try and do trademarks search where it can narrow down to different kinds of trademark registered with the PTO that bears similarities with your trademark logo. You should do this before you actually go to the PTO and apply for a trademark registration. This is because registration for trademark is a lengthy and costly process. This means that by getting rejected, you will start all over again and redesign your trademark. It is recommended that when you want to conduct a trademark search that bears similarities to your trademark design, you should hire a lawyer to do this. A patent and trademark lawyer is recommended for this kind of job as they know how to search for trademarks and you can be sure that they will find different kinds of trademark similar to your design. They will also advice you whether your trademark will be acceptable with the PTO or not. By doing this, you will save a lot of time and money in the registration process of your trademark. The patent and trademark lawyer you hire will also have comprehensive knowledge about the intellectual property law and also about the different step-by-step procedure when getting a trademark registered. Although it can cost you quite an amount of money if you hire a patent and trademark lawyer, you can be sure that you can get things done a lot more quickly than you can imagine by doing it yourself. The lawyer will also be the ones who can represent you when defending a trademark that has been refused by the PTO. However, you should make sure that you hire a reputable and well-experienced trademark lawyer. It is not recommended that you should look for a trademark lawyer in referral services as the referral services does not disclose the experience and the reputation of the trademark lawyer. They will refer lawyers who are just paying their monthly dues with the referral services and not because of their experience. These are the things you should remember about trademark registration. By searching for trademarks first before you apply for trademark registration with the PTO, you can be sure that there is a high chance that your trademark will be approved in the least possible time and start selling your products with your very own trademark logo. Trademark Registration: Registering Your Business Trademark Today, many people go into employment to earn enough money to start their own business. Besides, with your own business, you will be able to have more freedom and run the company the way you want it to run. Having your own business means that you no longer have to be a slave in a company that you don't even own. It is a fact that owning your own business can provide a lot of advantages. However, you have to consider that starting it can be a complicated process that you need to remember. The first thing you need to do when starting your own business is think of products or services that you want to sell to the public. You also need to make a feasibility studies about your business. You have to consider things like expenses, estimated gross and net profit, the business name, the public, the location of your business and even your trademark for your products and services. Once you get things organized, you have to know that the trademark is something that you need to register with the PTO or with the United States Patent and Trademark office. The PTO is responsible for registering patents and trademarks. They are also the ones who copyright trademarks and patents. They will also be responsible in patenting new inventions as well as copyrighting architectural designs and other documents. You may wonder why is it important that you should go through this lengthy process when you want to start your own business. First of all, a trademark is a seal of your business to let people know that the product they are purchasing came from your company. The trademark is very important. Just think about it. When you are shopping for a particular brand of shirt or a pair of shoes, you look for a trademark to determine who manufactured it. You look at trademark to base the quality of the product. You can file your trademark in the PTO yourself, but you can also hiring a patent and trademark attorney to guide you through the rest of the process. The first process for registering your trademark is by filing an application form with the PTO. The PTO will be the ones who will be responsible for federal registration of trademarks. After you have submitted the application, the PTO will review it and determine if your application for trademark registration meets the requirements for receiving a filing date. If your application for trademark registration has all the minimum requirements set by the PTO, they will assign a serial number to it and will send you the receipt about two months after filing your trademark registration. However, if the minimum requirements are not met, you will receive everything by mail. It will even include the filing fee. After four months of filing, the next step is getting your application reviewed by an attorney working for the PTO. They will determine if the trademark you are trying to get registered has already been registered or has similarities to other kinds of trademark that has been submitted or are already marked registered. If the trademark is determined by the examining attorney that the trademark you are trying to get registered is unacceptable, the attorney will contact you by telephone and by mail and tell you the reasons for rejection and about the corrections required that you should do with the trademark. You must respond within six months after you received the letter of rejection or your application for registration of your trademark will be abandoned. However, if you did respond but didn't solve any of the objections or the reasons for refusal, the examining attorney will then send you a final refusal letter and will also contact you by phone. You should comply with the objections and you can also appeal to the Trademark Trial and Appeal Board in order for you to get the trademark approved for registration. The most common ground for refusal is the similarities between the trademark you are trying to register and a trademark that has already been registered. If this is the case, you should try and alter your trademark that it doesn't look like a trademark that has already been registered. It should be unique and bear little or no similarities to a registered trademark. These are the basic processes for registering a trademark. So, if you plan on starting your own business, you should first think about the trademark you are going to use. Be sure that it is unique and bear no similarities to an already registered trademark. TradeMark Realty: Providing You with the Best Homes at the Best Deals Possible Many people today are now looking for real estate properties in order for them to have their own home to start a family. You have to consider that having your own real estate property is one of the best investments that you will ever make. If you look at things in the long run, you will find that you will save a lot more money on real estate properties and you can expect a high amount of return if you want to move and sell the real estate property. In apartments, you will pay a monthly rent and if you move out, you won't get anything from it. Apartments may be great for short term housing. However, in the long run, you will want a real estate property for yourself in order to stop paying for rent and a place where you and your family can have better living conditions than living in condos or apartments. However, there are quite a lot of people who doesn't get the real estate properties they want. This is because they consult with amateur realtors who don't know anything about real estate properties and their main goal is to make a profit. You have to consider that a realtor you consult with should be professional and can provide different kinds of real estate properties that you will choose from. There are also quite a lot of people who don't know about real estate properties and for this reason most people are stuck in a home that they don't want. You should always remember that investing in a real estate property is a long term investment and is one of the most important investment decisions that you will ever make. So, in order to have the best kind of real estate property that you will definitely like, you should look for a professional and reputable realtor who will provide you with a list of different kinds of real estate properties that fits your description. They should also explain in confidence about the particular real estate property you ask about. You have to consider that the main goal of realtors is not only selling the property they handle at the quickest time possible and with the highest price possible. Their main goal should be satisfying their clients. One of the most popular realtor companies today is the TradeMark Realty, Inc. This particular company offers different kinds of real estate properties for different kinds of people. They also hire well-experienced professionals who know how to deal with clients and most of the time they satisfy their clients with the real estate property they sold them. The properties they handle are located in the best possible locations in the United States. They also offer different kinds of homes in different price ranges. In their website at www.trademarkrealty.com, you will find listings of available real estate properties for sale. You will also find pictures of the real estate, the address, a brief description and the cost. You have to consider that the TradeMark Realty, Inc. is well known for offering the best quality homes at a reduced price. This means that if you purchase from TradeMark Realty, Inc. you can be sure that you will enjoy great discounts. As you can see, not only that you will be able to enjoy living in the best homes offered by TradeMark Realty, Inc. but you will also enjoy it at a very low price. The great thing about this company is that they will maintain a personal relationship with you when you are looking for a home. This means that you can explain to them what kind of home you want and you can also tell them about your budget. They will be able to offer you a listing of the different available home that fits your description and they can also offer you great payment plans that can suit your needs. This means that even if you don't have enough money to pay cash upfront for the home, you can still own it through the different payment plans they offer. So, if you are looking for a real estate property where the realtors are professional and one that can relate to your needs in a real estate property, you should consider purchasing your dream home with TradeMark Realty, Inc. Trademark Properties: Investing In Real Estate Properties Is Never Easier With Trademark A lot of people work hard in order to have enough money to purchase their own houses and real estate properties for their families. Besides, living in a cramped apartment in a noisy city just doesn't cut it. You need to have a home for yourself in order to live life in better conditions. So, stop paying rent and start investing in your own home with Trademark. You have to consider the fact that a lot of people today are now looking for the best quality homes in the best possible location. They do this in order to provide better living conditions for their family. Just imagine living with all of your family in an apartment in a noisy city. As you can imagine, living in an apartment or condo can also serve as a temporary home. You don't want to pay for rent every month for the rest of your life. You will want a home for yourself where you can raise your children in a better and safer environment. Today, one of the most popular real estate companies that offer the best real estate properties is the Trademark Properties Real Estate Services. This particular company offers the best real estate properties in the best possible location all across the United States. First of all, you have to consider that investing in a real estate property is a long term investment and is one of the most important investments that you will ever make. You don't want to purchase anything that comes your way only to find out that the real estate property you purchased is definitely not for you. You have to think about it first and make sure that the real estate property you invest in will be the one that will suit you and your family's needs. This company has professionals that specialize in the real estate field. Whatever you need in a real estate property, they can deliver. They are also experts in buyer and seller representation, real estate problem resolution and consultation, relocation assistance, real estate market analysis, and mortgage assistance. You have to consider the fact that you don't actually have to pay through your nose when you are dealing with Trademark Properties Real Estate Services. They offer different payment methods that can make it easier for you to pay for it. This means that you can choose different payment plans for the real estate property you purchased with Trademark Properties Real Estate Services. You also have to consider that Trademark Properties Real Estate Services has the highest percentage of listings sold in-house of any real estate company. This means that you can be sure that there are a lot of real estate properties available with this company. You can also be sure that you will find the real estate property that you really want. All you need to do is take your time in finding the right property for you. All you need to do is consul with the company and ask for their listings. They will be able to provide you with the potential real estate property that you want. Always remember that the people working in this company are professionals that can definitely give you time as you search for the right home for you entire family. You can also be sure that the professional assisting you will be knowledgeable about the property you want. All you need to do is describe what kind of real estate property you want and they will be able to show you different real estate properties that will be in your liking. However, you should make sure that you take your time in looking for the different real estate properties available and don't just jump in to conclusion to purchase a particular real estate property after you saw only two or three real estate properties. You have to consider that the professionals working for Trademark Properties Real Estate Services have seen every listing. Therefore, it will mean that they can discuss every property available with confidence with you as the buyer. So, if you are looking for a particular real estate property, you should consult with Trademark Properties Real Estate services. With this company, you can be sure that you will find your dream home in no time at all and at a very practical cost with the payment plan you choose. Trademark as a Property Intellectual property is a name used to point out an assortment of legal privileges to a buffet of ideas, information or other works in an expressed concrete structure. The proprietor of this legal privilege is licensed to implement the exclusive rights on his/her property within the intellectual property law's prerogatives. By definition, intellectual property refers to the issue that what the human mind has invented or produced can be considered as a property and can be protected by the law. It signifies the precise description of legal rights endowed upon inventors, authors, and other certain property owners. Trademark is considered as an intellectual property alongside with copyrights; patents, industrial design right, and trade secrets. As an overview, patents are granted to new and practical inventions and allow the patentee the right to solely exploit the commercial potential of the invention for a certain amount of time. The purpose of industrial design right is to guard the structure of design or style of an object such as furniture or spare parts. While the realm of responsibility of copyrights are creative works; and it provides the holders the privilege to be in command of the work's adaptations or reproductions for an agreed upon period of time. Lastly, trade secrets are non-public information related to proprietary enterprise information and that its public revelation is deemed unlawful. To return to the main subject, a trademark is any sign that allows identification of the commodities and services that are produced by a company or an individual. A trademark can be a single or a collection of words, designs, icons, letters, numbers, or symbols. It is practically the fašade of a company that promotes their commercial marketability power to the public. But it can be also used to merely identify a non-corporate organization or club. Other than its purpose of distinguishing a product or a service, it also endows exclusive rights and protection to the asset or property claimed by the owner. Although the time span of exclusive protection for the said mercantile properties may vary, trademark registration can be extended for an indefinite period of time as long as the owner can pay the additional fees. Protection of commercial properties by trademark laws is implemented by magistrates. These magistrates have the power to obstruct trademark infringement. Trademark's primary purpose is to pointedly name the origin or source of the commodities. It is basically a sort of symbol of origin or another way of marking a property. This type of utilization of trademark is called trademark use. The owner of the trademark insists on the rights through the blockage of illegal usage by competitors. Rights to the trademark take place after completing registration of the mark associated with a certain variety or single type of goods and services. But it may be necessary to instigate legal proceedings to thwart of illegal use of the mark outside the jurisdiction of the law. But trademark law does not eliminate the use of the mark or symbol by the hoi polloi or public. When one looks at it clearly, trademark supports global commerce through financial returns and commercial exposure of the marketable properties. Protection of trademarks also includes the obstruction of unreasonable rivals and the prevention of imitators to utilize the same distinguished signs to sell their own products, services, or properties. This scheme practically facilitates fair production and enterprise of mercantile goods, services, and properties encouraging the advancement of global trade. But this organization of commercial trade has its critics, too. There are others that view the grand system of intellectual property as intellectual protectionism. There are arguments as to whether the laws concerning intellectual properties function for the benefit of the global citizenry. It is also deliberated if the protection the laws provide is suitable within the context of originality developed from facts derived from tradition, folklore, legends, or myth as well as patents intended for business techniques. The provision of international property laws of rights can be deemed innately off-putting. It consequently endows the international property holder the right to keep out competitors from violating their control and regulation of the products and services. Last but not least, the intellectual property laws' endowment of exclusive rights and/or privileges can be reassigned or loaned to third parties with or without due consideration. Just like other types of property, intellectual property, in this case, trademark property, can also be loaned or mortgaged to other people. It can be even utilized as a security for a loan, too! Trademark Properties in South Carolina: Providing You the Advantage in Real Estate Today, many people are now considering purchasing their own real estate properties. Besides, if you already have a family, and you still live in a cramped apartment in the city, you should consider that it is very inconvenient and is no place to start a family. Many people work hard in order to afford to purchase their own real estate property where they can live more peacefully than living in the city in a cramped apartment. Having your own home and real estate property means that you will be able to have more security, more peace and quiet and you will no longer have to pay rent to your landlord. As you can see, by owning a real estate and your own home, you will save a lot more money in the long run than living in a cramped apartment with a very high monthly rent. As you can see, there are quite a lot of advantages that you can have if you have your own home. Today, one of the most popular areas to live in is in South Carolina. In this state, you will live peacefully and the crime rate is very low which is a plus if you want to raise a family. However, you have to realize the fact that you should have a real estate broker to find the right home and real estate property for you. Today, one of the most popular real estate firms is the Trademark Property Company. They offer one of the best real estate properties all over the United States and they also cover South Carolina with some of the best real estate deals possible. The Trademark Property is well-known for its reputation for delivering what they promise. They build high quality houses in the best real estate locations all over the United States. If you want a home that is both affordable and offers the best quality and at the same time, offers their home in the best possible locations in South Caroline, then you should consult with the Trademark Property Company. Another great thing about the Trademark Property Company is that they can offer different homes in different parts of South Carolina. This means that you can choose where you want to live, and choose what kind of house will suit your needs. There are different real estate properties for sale by the Trademark Property Company in South Carolina. There are small real estate and houses and there are also large real estate properties available. The village projects that the Trademark Property Company offers are unique. They offer a wide variety of real estate properties as well as housing for all kinds of people. You have to consider that this company offers great quality houses in the best locations. They offer peace, security at a very practical cost. So, if you are looking for the best properties to live in South Carolina, you should consider purchasing a real estate property with the Trademark Property Company. With this company, you can be sure that you will find what you need in the villages they offer in South Carolina. Try to consider that investing in real estate and a home is one of the most important investments that you will ever make in your entire life. It is just right that you should make the right decision in purchasing a real estate property. Besides, you don't want to end up with a property that you don't even like. Why settle for a very affordable real estate, when you can have one with practically the same cost in a better location, in a better neighborhood with the Trademark Property Company? Indeed, purchasing a real estate property with this company can definitely be a great investment. Not only that you will have the home that you want in South Carolina, but you can get it at a very practical cost. So, the next time you are thinking of purchasing a real estate property, think of the Trademark Property Company. They will be able to offer the best real estate properties that will suit your needs. Make your dream home a reality by consulting with the Trademark Property Company. With this company, you can have the best homes in the best location in South Carolina. The Responsibilities of a Trademark Lawyer and Finding Them A trademark lawyer is qualified to handle cases related to trademark law and trademark practice. Trademark lawyers are regulated often as professions. They can pass a batch of examinations on various trademark cases to comply with the requirements while maintaining professional standards and ethics to ensure a formal registration being a trademark lawyer. Typically, this position under commonwealth jurisdictions which include New Zealand, the United Kingdom, and Australia should meet some qualifications to be called as trademark lawyers. The qualification is called "protected" or "exclusive" title. However, in the United States, this specialized examination is not required. Trademark registrations require comprehensive knowledge about its procedures and laws. Using the services provided by trademark lawyers is recommended. They can give you advice regarding the different aspects of trademark applications and services. Their roles include: 1. A trademark lawyer is responsible for helping you choose a trademark of a certain product or slogan of a trademark. He is also responsible for ordering a search report in connection with your trademark. After getting the results, he will provide you with counsels if using your proposed mark is safe. He will also entertain your questions and inform you about the cost of registration, getting a trademark, and how a logo or slogan became trademarks. 2. A trademark lawyer must help in drafting your trademark application. He should give special attention on the product's description. This is important during your trademark registration. 3. A trademark lawyer ensures that your application is complete. He must review the drawing page and specimen to determine if they comply with the USPTO requirement. Slight differences of the specimens are apparent and depend on whether it is a trademark slogan, product name trademark, or trademark logo. 4. A trademark lawyer must be able to communicate well with the USPTO. This is essential when answering any objections from the USPTO lawyer regarding your trademark application. Your lawyer must write briefs which address the initial objections upon trademark registration. 5. A trademark lawyer is ready to advise you in all aspects of trademark filing and registration. You must learn about trademark searching, online trademark searching, trademark costs, and steps on getting a trademark through trademark FAQ reviews. 6. Moreover, a trademark lawyer can counsel you about handling situations including receiving desist and cease letter. This letter is written if one party believes that his or her trademark is infringed. Your lawyer should evaluate desist and cease letter and offer you the needed assistance. There are many resources wherein you can look for the lawyer's names such as online directories and yellow pages. You can also ask your friends to find a good lawyer. But besides your effort, you failed, then it is recommended to visit the referral services of the state bar lawyers. Finding a trademark lawyer is easy but to find the best needs more effort and time. If you get a lawyer who is a beginner or never practices his field of specialization for quite sometime, then expect that your case is a gamble. A new lawyer is still unstable and is not be good enough to handle tough cases. You can ask the help of a lawyer whom you trust to find the best trademark lawyer. The importance never solely lies on the lawyer's name but on the quality of services he can provide. A trademark lawyer is in a good position to be confident enough that your case is well handled as expected. Try finding a trademark lawyer in your area who has the skills in handling trademark related cases. If the lawyer rejects to handle your case, he could probably suggest another good lawyer perhaps. However, you need to know that lawyers often receive "referral fees" especially if they send trademark cases to law firms or another lawyer. The amount must be significant, it is about one third or one fourth of the total amount paid to the lawyer who will handle your case. This will motivate the lawyer to give you important information regarding a good trademark lawyer. You can ask the lawyer if he is going to ask for referral fees first to become comfortable when asking. Finding the best trademark lawyer is not difficult at all. By asking decisively and eagerly, it is not impossible. A Peek at Trademark Law Trademark law is one of the three branches of Intellectual Property Law. The other branches are Patent Law and Copyright Law. As an overview, patent law guards new inventions that can be valuable by giving the owner or patentee the right to keep out other individuals from using the said invention in their enterprises. Copyright law, on the other hand, protects the rights of artists for their creation of their works, be it a book, film, or an artwork from any unauthorized imitation of the said work. Copyright law, however, has nothing to do with the idea of the creation or work; it merely protects its expression. Meanwhile, trademark law protects marks or names that are in connection with the merchandise or product. A trademark can be a word, color, sound, icon, image, phrase, or way of packaging that is acquired and utilized by an organization or corporation for easy recognition of their merchandise and services that will set them apart from other corporations or organizations. Services and not product merchandise, however, are identified by a service mark (which is similar to that of a trademark). From a historical point of view, trademark law was pioneered by the Englishmen during the 13th century to guard the customers from spurious merchandise. In the late 19th century, the governments of Britain and the United States of America established Trademark agencies that controlled the registration of trademarks. Basically, trademark law thwarts illegal use of a product-identifying mark or sign and guarantees consumers that the product they are purchasing are made by the same producer and are not poorly manufactured counterfeit products. The law at the same time also promises the producer or manufacturer that imitators will not reap the financial rewards. It also protects the reputation of the real manufacturer. Trademark fundamentally protects consumers from being duped. It guarantees liberal competition by defending the benevolence of the person or company who possesses the mark. It essentially concerns itself with the buffet of services and commodities. Trademark law practically has an effect on creative artists as well (writers or authors, designers, etc). It endows creative artists and their business associates broad protections from any unlawful use of a trademark as long as it does not misled the public that the use was endorsed by the owner of the trademark. Trademark law and the art world connect through titles, trade dress, domain names, literary characters, and mishandling of the name of an author. Titles are at times protected under unjust competition and trademark laws. It is not protected by the copyright law. Protection of a title is granted when it accomplishes a secondary meaning. Secondary meaning is similar to that of the titles commercial appeal. Titles must also be popularly known to meet the criteria. Usually, titles of series are great trademark contenders. Also, titles in one merchandise can be protected in another type of merchandise. Lastly, one-shot titles are not consequently allowed to trademark protection. Trade dress, in trademark law, is merchandise's recognizable image. It is actually the merchandise's characteristic color, shape, image, packaging, or a combination of these factors that the consumers will easily connect with a certain source. Domain names are web addresses consigned to certain computers on the internet. These names are extensively utilized by companies in connection with entertainment, information, and publishing. Any use of the domain name without permission is a violation of the trademark right of the owner. Fortunately, current legislations have made battling unlawful trademark users. In connection with literature, sometimes a story or a novel's character is so appealing that it actually takes a life of its own outside its original medium. Consequently literary characters may become linked with a certain product. With this occurrence, the literary character can be sheltered by unfair competition and trademark laws, even though it may not protected by copyright anymore. Trademark law also has sanctions over the mishandling of an author's name. According to unfair competition laws any author can take legal action against bogus source designation or false advertising if their role to a certain literary piece or work is imprecisely depicted. Another violation of the right of an author is an illegal unauthorized modification of their work. In a nutshell, the trademark law is concerned about corporate integrity and educated purchasing decisions. It promotes the progress of the society's economy. Governing Law on Trademark Infringement When an entity violates an absolute right attributed to a registered trademark without proper approval from the owner of the trademark, then the said entity may be charged with trademark infringement. A trademark which is similar or perplexingly the same as your trademark in connection with the goods or services you are promoting then an "infringement" occurs. Am Overview on Trademark Law Any federal registered trademark may be safeguarded under the Lanham or Trademark Act. The Lanham Act is a law encompassing the federal ruling on trademark law in the United States. The said act forbids actions which include dilution of trademark, bogus advertising, and trademark infringement. Possibility of a Trademark Infringement Case A trademark infringement is possible, if you will be able to prove that there is a "possibility of confusion" between your trademark and the purportedly infringing mark. Such possibility of confusion will be determined through a "trademark analysis," wherein the following items will be analyzed: * The structure of the mark, both interior and exterior. * The connotation of the mark. The meaning can be explicit or implied. * How the mark is pronounced will be reviewed as well. * The relation of the infringing mark to the goods or services will also be analyzed. * The impression of the public will also be assessed. Actual test impressions on the consumers may be done.
Trademark Infringement Penalty The common penalty being given to a party who has been proven guilty of trademark infringement is "injunction." Injunction is a court regulation wherein it orders the party to avoid doing certain actions such as infringing marks. Contrary to the common belief, injunction is not a monetary judgment. There are instances that "monetary relief" is bestowed to a winning party. Such monetary respite may include the profit lost by the defendant, the claimants' sustained damages and the over-all cost of action. "Trademark dilution," can be sought by plaintiffs with well-known trademarks. By doing so, the infringed mark will not be further utilized. There are factors to consider for a trademark to be specified as "famous" before an infringed mark will be blurred or tarnished. Ways to Avoid Trademark Infringement If you have been accused of trademark infringement, here are some recommended actions to undertake: 1. Do not copy. If you will be making a trademark, make sure that you do it with immense originality. It must be unique. 2. Search. The uniqueness of your trademark may be verified by doing "trademark search." Primarily, you can scout for used trademarks on the internet. There are a lot of "trademark search website" which can help you on your endeavor. Secondly, spare some time to visit the Patent and Trademark Depository Library or PTDL to browse for possible similar trademarks that you have. The said library is situated to almost every state. Another trademark search option is to consult with a trademark lawyer that may also be of help with your trademark search. Your lawyer may conduct a "common law search." It is a type of trademark search where government records are being checked to see if you have a similar trademark. Ways to Protect Your Trademark No one wants to be involved in the rigorous process of court proceedings. Hence, as a plaintiff, you need to perform actions to secure your "mark." 1. Register. It is highly recommended that you undergo a federal trademark registration. With a duly federal registered trademark, you are guaranteed to receive optimum protection with regards to your "mark." 2. Maintain. You need to maintain your trademark. It is best to use your trademark on all promotion materials such as websites, brochures or even advertising over the television. To inform everyone that a good or service is a registered trademark, use the register symbol "(R)". However, if the process of registration is not yet completed, then you can temporarily use the symbol TM for products or SM for services. There is a price for copying someone else's original work. It is not simply injunction or paying monetary damages to the plaintiff that can happen to you. There are more upsetting instances that can happen to you. You or your company's reputation is at stake with trademark infringement. Who would then trust someone who committed trademark infringement? No one. Copyright and Trademark: Overview to Help You Understand When creators of artistic and literary works are given legal rights, then copyright describes the process. Literary works that are protected by copyright include poems, novels, plays, newspapers, reference works. Artistic works which include drawings, paintings, sculpture, photograph, advertisements, architecture, technical drawings, and maps. Others are databases and computer programs, musical compositions, choreography, and musical composition. Copyright is important to the creativity of every people. It gives them incentives either in the forms of fair monetary rewards or recognition. The creators are rest assured that they are protected from piracy or unauthorized copying thus they can distribute their works without fear. In return, it enhances knowledge, entertainment, and culture enjoyment across the globe. Works that are originally created and covered by copyrights have some basic rights which can be passed on their heirs. They are holding exclusive rights to use or give consent other people to use their works through an agreement. The original creator can authorize or prohibit: - Reproduction in different forms including sound recording or printed publication. - Public performances as in musical works or plays. - Recordings in different forms including videotapes, cassettes, or compact discs. - Broadcastings via cable, radio, or satellite. - Translations to other languages or adaptations. One typical example is a novel used in a screenplay. Most creative works under copyright require financial investment, communication, and mass distribution upon dissemination using different media. It includes publications, films, and sound recordings. The creators are often selling the rights of their works to companies or individuals who can market their works best to get back what they paid for. These payments are independently made based on the actual work usage, known as royalties. However, the economic rights entitled to them are limited only to fifty years after the death of the creator as what is stated in the WIPO (World Intellectual Property Organization) treaties. Longer limits on time can be also established by the national law. This will enable the creators as well as their heirs to gain financial benefits over a specified time limit. Moral rights are also included under copyright protection. The creators are given the right in claiming an authorship or opposing the changes made harming their reputation. Copyright and other related rights are given by individual countries through national legislation. Even international treaties applied some national laws to ensure that a number of rights are granted to the original creators based on nondiscriminatory status. The creators can consult the National Copyright Administration or CLEA (Collection of Laws for Electronic Access) WIPO database. WIPO, an intergovernmental organization is administering lots of treaties internationally which is associated to intellectual property rights, requests, and government advice. However, it is mandatory for WIPO to give non-governmental organizations or private persons legal advice. It is much better to consult a copyright lawyer for specific matters. Copyright is not dependent on official procedures. Created works are considered copyright protected upon its existence. It was stated in the Berne Convention about protecting artistic and literary works that without formalities, these works are already protected provided that the country is a part of the said convention. A system for copyright registration is not provided by the WIPO. But many countries have national copyright offices. National laws are allowing registration for artistic and literary works to serve some purposes. Copyright can distinguish work titles, or become a prima facie proof used in courts to solve copyright disputes. A trademark is a word, device, symbol, name, or combination of any of these elements intended or used in business to distinguish and identify the products of one company or seller from products sold or manufactured by others, and indicate sources of the products. To make it simple, a brand name defines a trademark. Registration of a trademark is not required by the government. However, several advantages can be given if a trademark obtained federal registration. It includes evidences of trademark's ownership, nationwide constructive notice about the owner's claim, federal courts jurisdiction can be invoked, registration can be a basis to obtain international trademark registration, and registration can be filed with the customs service of the U.S. to prevent infringing of imported goods. Understanding the distinction between a copyright and trademark is necessary. It really helps. Register Your Trademark in Canada: Canadian Intellectual Property Office If you plan on selling your products in Canada, it is important that you should consider opening your own office in this country. You should also know that it is also important that you should register your trademark with Canada's Canadian Intellectual Property Office. The Canadian Intellectual Property Office is the counterpart of The United States Patent and Trademark Office. Even if you already registered your trademark with the US Patent and Trademark Office, you should also register it with the Canadian Intellectual Property Office because of the questions of jurisdiction. To register your trademark in Canada, you should first know all about trademarks and why it is important. First of all, a trademark is used by companies as an identity to the marketplace. With a trademark, consumers will be able to determine which company manufactured the product. You have to consider that the success of your business will depend largely on the image your company shows to the public. You have to consider that because there are quite a lot of competitors in the market today, you have to make your products stand out and be noticed by consumers. To do this, your trademark should be unique and should be eye-catching in order to get the attention of the public. Large companies protect their reputation by protecting their trademark symbol or logo. To do this, you need to register your trademark to make it illegal for other companies to copy your trademark. By registering your trademark, you will have exclusive rights for the usage of the trademark. You have to consider that your trademark logo symbolizes your product's reliability and quality. The Canadian Intellectual Property Office is where you will register your trademark. To register your trademark in Canada, you need to know the basics in application for trademark registration with the Canadian Intellectual Property Office or CIPO. The Trademark Office in CIPO is responsible for receiving and examining applications for trademark registration and grand registration to qualified applicants, record trademarks, maintain electronic inventory of trademark registrations and pending trademarks for qualification, and they are also responsible for opening up these records for public use to search for trademarks. The first step is to complete the trademark office branch requirements for trademark application and registration. You will pay a filing fee of about $250 if submitted online or you can submit it through mail for a filing fee of $300. Your application will receive an application number, filing date and a file will be created. After this process, your trademark application will be marked as pending and will now move to the next step in the application process. The trademark office in Canada will inform you by phone and by mail about and acknowledgement and that status of your application. It is important that you should carefully read the received documents and make sure that there are no errors or omissions. The next step in the registration process is the examination. A qualified trademark examiner working in CIPO will asess your application and will decide if the trademark will be approved or will be rejected. If it is rejected, you will be informed why and will be able to give you chance to revise certain objections for the rejection of your application so that it can be approved. If your application is approved, the next step is advertising. Your application will now be published in the Trade-marks Journal issue that is published every week and is available through subscription and in major libraries across Canada. For a period of 2 months of being advertised, your application may be opposed by someone else and can be removed from the normal processing cycle until the opposition is resolved. The main reasons for opposition are because of the similarities between the opposition's trademark and your trademark. The next step is the allowance for registration. You have to consider that this does not exactly mean that your trademark is already registered. During this process, you will be required to submit a registration fee. And, from this step, your trademark will now become a registered trademark and you will have exclusive rights to use the trademark for your products. As you can see, the process will take some time. If you don't know about the step-by-step process in trademark registration in Canada, it is recommended that you should hire an intellectual property lawyer in Canada. They specialize in trademarks, patents and copyright. They will be able to guide you with the requirements needed and you can be sure that your trademark will be approved as soon as possible by CIPO with the assistance of a lawyer that specializes in this field. The Business Name and Business Trademark: The Importance of Having It Registered Many people today are now considering starting their own business. You have to consider that you don't have to slave for a company you don't even own just to earn some money. There are lots of people today who work in companies to earn enough capital to start their own business. With your own business, you will be the boss and have much more freedom instead of working at specific hours. By having your own business, you can go in and out of your office as often as you like without anyone telling you that you are arrived at work late and you are leaving early. The first thing that most people think about when starting your own business is to think of a business name and the trademark symbol usually associated with it. The business name should be unique and should meet all the necessary requirements that the registration office will allow. However, the trademark is another story. You have to register your business trademark with the United States Patent and Trademark Office. Like the business name, the trademark should be unique and should meet the criteria for qualifications to get it approved. However, you have to consider that the business name itself can also be your trademark symbol, just make sure that the lettering and also the business name is unique. You have to realize the fact that registering your business name as well as the trademark symbol is very important. This is the logo that separates one company manufacturer from the other. It prevents confusion among consumers on which products to buy. For example, if you are looking for a pair of Nike tennis shoes, you look for the Nike logo which is the "check" sign usually associated in the tags and even put in the products. You identify that the shoes are authentic by the trademark symbol. By registering your trademark with the Patent and Trademark Office, you can be sure that no other companies will try to use your trademark symbol as it makes it illegal for them to use without your permission. You should consider the fact that it is included in the intellectual property rights. Even the design of the product cannot be copies if you copyright the design with the Patent and Trademark Office. If you register your business name and trademark, you will have exclusive use for it and will not allow other companies to put in your trademark and business name in their products just to make it sell. Since no one will be able to use the business name and the trademark of your company, you can be sure that your company's reputation is protected. It is also recommended that you should register your trademark as soon as possible in order to claim it first and avoid others from claiming your trademark as their own by registering it at the Patent and Trademark Office. However, you can temporarily copyright your trademark symbol via the poor man's copyright. To protect your trademark symbol through a poor man's copyright, all you need to do is enclose a copy of the design in an envelope and mail it to yourself. When the mail arrives, you will notice that there are stamps in it as well as the date received and delivered in it. Leave the envelope unopened and when someone claims it in the Patent and Trademark Office, you can present the unopened envelope to the Patent and Trademark Office. The PTO personnel will open the envelop and examine the trademark design in it. You have to consider that registering your trademark will take some time to get approval. This is why you should considering hiring a lawyer that specializes in the patent and trademark law as well as the anti-piracy and intellectual property law. They will be able to help you with the different paperwork associated in filing a trademark registration. They will also examine your trademark symbol and make some recommendations in design changes if anything needs to be changed. These are the things you need to consider when applying for a trademark registration with the Patent and Trademark Office. Remember this and you can be sure that you will protect your trademark as well as the reputation of your company. The Importance of Having a Trademark Attorney It's but ordinary to find big businesses having their personal lawyers. Being ignorant of the law is not an excuse for not being able to sue or to be sued. That is why if your business is slowly climbing the stairs of success, you'd better hire an attorney. Do you know the most essential asset that your business can own? Well, the answer is very simple. Trademark is a vital asset that will distinguish your business from other competitors and stand out in the market. Make sure that you have a good one because having a not-so-good trademark can blunt all your marketing efforts and entangle your business in legal disputes. If you don't have a registered trademark, fill out an application form now and file it online. While you're in the interim, you can use SM or TM to let other people and businesses know that you intend to use such mark once your application is approved. From the very start, you need an attorney. He or she can help you decide the business entity that you want to enter, and guide you through the process of starting it. All legal matters and requirements like permits and licenses are handled by your attorney, so you can be confident that you're doing a legal business. One of the most important reasons of having an attorney is that you will need his or her expertise when you file for a trademark registration. According to the trademark law, the key is to be first in the use of such mark. Imagine conducting a business for quite some time without a registered trademark. And then one day, a bigger company moves into your local area which used the same mark or name in the interstate commerce ahead of you. If this is the scenario, you will be compelled to change your signage and your goodwill will be disrupted together with your brand name. Your credibility will be in question and your customers will be confused. And this is all because of not having a registered trademark. It's not hard to get a registered trademark, especially if you have a trademark attorney to take care of the various responsibilities including: - advising on selection and adoption of new and original trademarks - filing applications for a registered trademark - prosecuting applications - advising on trademark registrations and its use - handling trademark revocations, oppositions, assignments, and invalidations - advising on matters of trademark infringement Trademarks fall under the law on intellectual property, and if you're planning to obtain a trademark, it would be best to consult a competent trademark attorney. He or she is the right person to help you in making a proper trademark application. Make sure that you find an attorney that's right for your situation. Having your own trademark attorney will give your trademark application an edge over other applications because more than anyone else, your attorney has far-reaching knowledge of the procedures and the trademark law. Your attorney can give you the right advice on the aspects of trademark filing and services. When choosing your trademark slogan or product name, make sure that your attorney is with you. He would likely suggest getting a trademark report first. By searching the internet and the site of USPTO, you can obtain a report of existing trademarks. If you have questions about the cost of registering trademarks and the registration procedures, your attorney can counsel you on such matters. If you have your trademark attorney, you can handle almost any situation including situations that of receiving special letters like a cease and desist. This happens when another party believes that you have infringed their trademark. With an attorney, you can get the right assistance. That is why you need to be very careful in choosing your trademark attorney. Don't just pick any recommended attorney from an advertising or referral service. Chances are these persons are not that capable, with little knowledge and experience. This is also true in the case of advertising, where most of the lawyers provide impersonal services and they run their services like factories. Choose an attorney that gives individual attention to trademark matters, licensed or registered, and observes professional ethics. If you can find one with all the qualifications and qualities, then you can expect that your trademark application will surely be approved. Trademark Application: Learning About Legal Matters Filing a trademark application is quite easy. However, the online process of filing is more convenient. You can use the TEAS (Trademark Electronic Application System) after logging into the USPYO (United States Patent and Trademark Office) website. Application in paper forms is not quickly processed and costs 50 dollars or more. A trademark refers to a symbol, name, or other means of product identification. It has official registration and restricted legally on the manufacturer or owners for use. This is necessary in preventing others to use the same or identical marks. A trademark is abbreviated as (T) or TM. First, log into the website of the USPTO. Click the "Trademarks" on the home page, and then click "FILE online" on the succeeding screen. Applicants should never forget that federal registration of trademarks is a very straightforward process. You need to comply with the following: - Describe your service mark or trademark. It is often called as "marks". - State the date you first used the marks. - Describe the services or products where the marks are intended to use. - State the classification where the mark is going to be registered. There are about forty classifications for services and goods. The USPTO online help provides you with information in finding the right classification for your trademark. Moreover, you must accompany your applications with: trademark drawings (word marks: simply encode the words; graphic marks: include graphic images or photo files); proposed mark samples of its usage; and online registration of 325 dollars per classification. There are also qualifications to meet before your trademark can qualify for a federal registration. First, use your trademark as an "interstate commerce" to register with the USPTO. It means that your trademark is intended for services or products which crosses national, territorial, or state borders, or directly affects commerce which crosses in those lines. Take for instance; a motel, a restaurant, or an internet business which caters to international or interstate customers. As the owner of the trademark, you must follow these tips. - Never use the same or similar trademark as the existing trademarks which are associated with services or goods. - Never use a trademark that is included in the reserved or prohibited lists of trademark names. The trademarks that are ineligible include: * Names of persons who are still alive. It can be only used if they allowed it. * The United States flag. * Other local and federal governmental insignias. * Likeness or names of deceased United States presidents, unless allowed by their widows. * Symbols or words which disparage deceased or living persons, beliefs, national symbols, or institutions. * Marks which are judged deceptive, scandalous, or immoral. Generally, the USPTO will take their liberal view in connections with "scandalous" or "immoral" trademarks. * Marks which is solely used in just one state. A trademark which offers services or goods for sale must be used in more than one state to receive trademark protections from the government. - The trademark must be generic and directly describes the products rather than the source. - Never use a too descriptive trademark which is not distinctive to be given protection. When the USPTO considers your trademark eligible for government registration, they will publish it their official publication. The "Official Gazette" will state that your trademark is an eligible candidate for federal registration. This will give a chance for the existing owners of various trademarks to object. If somebody objects, a hearing will be scheduled by the USPTO to resolve disputes. If nobody objects, you must receive a USPTO response within one year. The processing of your trademark application can last for one year or more. It also depends on the raised legal issues and basis for application during the examination process. To maintain your trademark status, you should file a statement to use the trademark continuously or renew your application. In this way, you can acquire additional rights especially if incontestability statement is filed. Keep in mind that the USPTO will not notify you if your statements are due. Your federal registration is ten cancelled once you fail to renew or pass a statement. Make sure that you understand all the terms and conditions upon your registration. Tha Trademark: A New Kind of Music for Everyone to Enjoy Listening to music is one of the best forms of entertainment today. You have to consider that listening to your favorite music can definitely relax you and can make you work with far more efficiency in the office. Studies have found that listening to music can also have a great effect on the body as a stress reliever. In fact, many offices today are now letting their employees listen to their favorite music in order to let them work faster. They now allow their employees to bring their own music CDs and DVDs and headsets in order for them to listen to their favorite music while they work. You may find it impossible but children who study while listening to their favorite music can also have a great effect on their grades. You have to consider that music is a great stimulant that can make your brain work faster and work with far more efficiency. Besides, working or studying without any entertainment can be very boring and can make you sleepy. So, by listening to music, it will keep your brain alert and avoid boredom while you do your work or you are studying. So, if you want your children to work harder in their studies and their homework, you should try and purchase their favorite music CDs in order to let them study harder and with far more efficiency than ever before. One of the most popular music today is RnB and Hip Hop music where teens definitely enjoy it. You also have to consider that there are different artists today and one of the most popular is Tha Trademarc. Tha Trademarc has been appearing with John Cena who is one of the most popular wrestling superstars of the WWE or the World Wrestling Entertainment. If you watch WWE and saw John Cena entering the ring, or watched him perform with Tha Trademarc, you have an idea on what Tha Trademark is all about and what their music is all about. If you saw WWE with John Cena performing with Tha Trademarc, you will know that their music is definitely very popular today. In fact, even adults enjoy their music too. So, if you enjoyed their music, you can purchase Tha Trademarc CDs in your local CD store nationwide. You can also purchase music CDs from John Cena where most of his performances are backed up with Tha Trademark. Tha Trademarc offers a new kind of music for people of all ages. Once you hear the music of Tha Trademark, you will want a copy of their CDs as well as your teenage children too. Today, Tha Trademarc is not getting more and more popular especially with WWE fans all across the globe. They are now touring the United States and sometimes they tour with WWE and John Cena. The music created by Tha Trademarc contains explicit lyrics. It is recommended that your child should be old enough to understand proper language in order to let him or her enjoy Tha Trademark. It is recommended that children under 18 years old shouldn't hear Tha Trademarc music as it contains explicit lyrics. However, if you enjoy Tha Trademarc music and your child is already 18 years old or above, you can try and purchase the CD for him or her. You will see that they will definitely enjoy Tha Trademarc and John Cena. If you enjoy Hip Hop music, you should definitely get the music CD of John Cena and Tha Trademarc. You will see that they offer a different kind of hip hop music and you can easily distinguish them from other hip hop artists. This new kind of hip hop music can definitely make you work harder and let your kids in college study harder. It will keep their brain active and work harder when they are listening to music. It can also be a great music to listen to after a long day at work and you want to unwind. So, if you are looking for a different kind of hip hop music and you enjoy watching WWE, you should consider listening to John Cena and Tha Trademarc music CDs. Their CDs are now available in stores nationwide. Registered Trademark Symbol: The Importance of Getting Your Trademark Symbol Registered For Your Sports Apparel Business When starting a new business, most people thing that its only all about making a business plan and having enough capital for it to work. However, what most people don't realize is the fact that you will also need a symbol or a logo to represent your company or your products. Having a trademark means that buyers can identify what product they are purchasing and from what company. For example, when you hear people say Nike, you think of shoes, shirts and sports apparel. You will also think of the Nike trademark, which resembles the "check" sign. Trademark is all about identity and with it, you can mark your products as your own. This is why it is important to have a trademark for your business. In today's world, there are a lot of businesses opening up , especially in the sports apparel business. You have to consider that many people now prefer sports apparel products because it is stylish and is also very comfortable to wear. Products like rubber shoes and T-shirts are comfortable and can also be very stylish. You can wear them when you want to play or even when you just want to go out and take a walk. In the sports apparel world, you will see that there are quite a lot of companies manufacturing and promoting their product with their very own trademarks. So, if you plan on opening up your own sports apparel business, manufactured by your company, you should try and think of a trademark symbol that you will use for your products. The trademark symbol will be placed on shirt tabs, or even printed on the shirt if you want. It can also be used in shoes. The trademark symbol is a symbol where consumers can identify your products. They will know who manufactured it and what company designed the product. However, in the sports apparel business, there are different kinds of trademarks already registered. You have to consider the fact that you need to register the trademark symbol of your company in order to have exclusive use of it and make it illegal for other companies to copy. You have to think of a trademark symbol that is unique from other trademark symbol existing in the world today. Once you thought of a design for your trademark symbol, the next thing you need to do is know how to register it. The registration for trademark symbol is done in the United States Patent and Trademark Office or the PTO. The PTO is responsible for registering the trademark symbol as well as patenting inventions and copyrighting documents. You have to consider the fact that application for trademark registration can take some time in the PTO. The first step in trademark registration application is to provide all the minimum requirements set by the PTO. After you have completed the minimum requirements and have submitted it to the PTO, you will wait for two months where the PTO will get your trademark symbol examined by their patent and trademark lawyer. If the trademark symbol is rejected, it is the lawyer's responsibility to contact you by mail and by phone and inform you about the grounds for rejection. The most common grounds for rejection is having a trademark symbol that bears similarity to other trademark symbols that is already registered. There are quite a number for criteria where the lawyer will base upon on getting your trademark registration application approved or rejected. It is important that you should comply with the rejection notice and overcome all the objections stated by redesigning your trademark symbol. If you don't comply within six months prior to receiving your rejection letter from the PTO, your trademark registration application will be abandoned and you will be required to start over again. If you find it difficult for you to register your trademark or if you find it inconvenient, it is recommended that you should hire a trademark attorney. They will guide through the step-by-step process in having your trademark registered. They will also help in preparing the legal documents and requirements associated with the trademark application process. As you can see, it is important that you should register your trademark symbol in order to have exclusive rights for its use. Register Trademark: Applying for Eligibility and Its Importance A Registered trademark is a very important communicator. It helps in establishing the identities of the brands and protects creative works from plagiarism or theft. In spite of its symbolic and legal power, the symbol needs to softly speak, typographically speaking. Its appropriate and tasteful use is only little, but in good typography, this is considered significant. The register trademark's size and design widely vary from fonts. This can give the owner lots of choices. The good news is that they can combine and match the symbol with other type of fonts. However, most people prefer the combination of using the same fonts and symbols. It can include a serif symbol with a serif font or sans symbol with sans font. This procedure is completely acceptable and preferable sometimes for substituting sans symbol with a clear text. It can include using the ITC Franklin gothic or Arial fonts. These can provide a more readable symbol which also produces clear prints even when the size is small. The size of this symbol as been mentioned varies from one type of fonts to another. Using (R) after a word can adjust its point size to make it legible and clean but unobtrusive. There are few general guidelines in doing this. The symbol must be half the height of the text's size. As the text becomes larger, proportionality must never be taken for granted. In using register trademarks in headlines, make sure that it is proportionately smaller than the texts. The (R) symbol is used to denote that a particular trademark is registered with the government or other registering institutions. But to be considered eligible, it must perform important trademark function and contains distinctive characters. It should be understood that registration is a continuous process provided that marks are inherently distinctive. 1. Inherently or fanciful trademark. This is a good candidate for registration if it is used for the first time. It is made entirely of a fanciful or invented sign. Take for instance; Kodak has no meaning but after it was adopted and utilized as a trademark for goods associated with photography, proprietary rights are already achieved. Invented marks are considered neologisms, meaning it was not previously found in dictionaries. 2. Arbitrary trademarks are commonly used to refer meaningless contexts such as Apple for denoting computers. Marks such as this consist of images or words which already exist in dictionaries before its trademark adaptation in connection with services or products. But the meaning is unrelated to what is stated in the dictionary. For example, Salty Refrigerators doesn't necessarily mean salty or anything related to salt. 3. Suggestive trademark is used to indicate the quality, characteristics, or nature of the services or products in connection to its usage. Nevertheless, it does not directly describe such features. So, consumer needs to use their imagination to identify such characteristics. Perceptive imagination is needed for suggestive marks. One typical example is using the word Salty to denote sailing gears. 4. Descriptive marks are terms with meanings in the dictionary. These are used directly for services or products related to its meaning. Salty can be used to refer anchovies or saltine crackers. But such terms can be only registered if distinctive character was been established in the market place after its extensive usage. 5. Generic terms are commonly used for services or products associated with its usage. Salt can be used to refer sodium chloride products. However, these terms do not serve important trademark functions to distinguish services or products form other existing services or products. Legal protection can be denied. This is because these terms are generally used without the use of any organization's propriety trademarks. Later on, these terms are considered as genericized trademarks. Generally, the method for distinctive character assessment of a trademark is to see the reaction of consumers. Thus, a trademark can only be registered inherently if the consumers never encountered or heard the mark in the past. Moreover, a mark cannot be accepted if information about the characteristics of services or products is apparent. It can include words such as large, black, sweet, or delicious when denoting fruits. The owners should follow the primary consideration when selecting trademarks to become good candidates for registration. In this way, they can use the symbol (R) and obtain the benefits of propriety rights. Definitions of a Trademark, Copyright, and Patent Overview A trademark refers to any forms of marks which are registered to the USPTO. These are names, devices, images, and word identifying any goods which can be produce, manufactured, or natural. Copyright is a way of protecting both unpublished and published literary, artistic and scientific works, and any forms of expressions as long as it is tangible. It means you can touch it, hear it, or see it. An essay, a play, a song, funky original choreography, HTML coding, or graphics can be protected. Laws of copyright grant the creator's exclusive rights to distribute, display, perform, reproduce, and prepare derivative works publicly. A patent is another form of IP (intellectual property). The right of a patent in the United States is granted by the USPTO (United States Patent and Trademark Office) to the inventors. This is to prevent others from using, making, selling, importing, or offering sales of such invention over a limited period of time. The law concerning the United States patent is stated in the Patent Act, 35 U.S.C. The act contains clarifications on using jargons resolving some confusion and complexity. There are subjects which are not given patent protection. It includes mental processes, physical phenomena, abstract ideas, and nature laws. Take for instance; you can't patent a new plant, insect, or mineral found or discovered in the wilderness. Likewise, the law of gravity couldn't have patented by Newton and "E = mC2" by Einstein. Any discovery which shows characteristics of nature is not reserved for a single person since it is free to all. Nature laws and abstract ideas are reserved for public domain. Artistic, musical, dramatic, or literary works are entitled for copyright protection. Inventions which are offensive and not useful are deprived of a patent right. The patent law is created to serve various purposes. It is found in the U.S. Constitution, Clause 8 of Section 8 of Article I stating the power of the Congress to support the advancement of useful arts and science by giving exclusive rights to inventors and authors on their discoveries and writings over a limited period of time. Thus, a patent system was created by the Congress to reward limited monopolies to the inventors on making, selling, and using their inventions. The inventions can be made available to the public however retaining its right from preventing others to use, sell, or make the invention. Patents are considered public records once it is issued. The patent applications of inventors must disclose the best approach for using or making their patented invention. The patent can be considered invalid if you fail in this procedure. It is a fact that mental processes and abstract ideas are not eligible for patented rights. However, the software based on mathematical algorithms receives patent protection because it does not belong on the patent scopes. Algorithm is considered as a natural law while mathematics is the primary working tool of science and technology. The Supreme Court in 1981 included inventions related to software in the patent protection. It is because the function of the program only incorporates the underlying principles of mathematical algorithms. Non-physical processes are utilized by the software to operate electronically using mathematical equations or algorithms for controlling the computer program outputs. Functional application of mathematical algorithms in computer programs can be patented. Using examples from electricity or physics are not patentable. However, the methods in which electricity are utilized for transmitting information is patentable. An invention is qualified for a patent protection if it is new, non-obvious, and useful. The invention was never used in public before an application for a patent is done. The USPTO will reject a patent if the invention is used or sold in public by the inventor or anyone for over one year before filing a patent application. Similar or identical inventions disclose publicly by others in any parts of the world can be denied of patent rights. Prior art is not anymore considered novel. In general, the patent claims contain the preamble or the introductory paragraph. It is followed by the elements recited as steps or means to perform a specific function. The elements can be narrowly interpreted by structure, name, or defined steps. The defenses of a patent to infringement include invalidity and non-infringement. A Close Look on Patent versus Trademark Intellectual Property Rights or IPR is a controlled protection for original works such as writing, identifiers, inventions, and processes. Patent and trademark are some of the many types of intellectual properties. Patent Defined A patent is an "exclusive right" given by a state to a patentee. An approved patent is usually an invention which is original, creative, functional and most importantly "industrially relevant." The right is being given in a permanent duration as long as it is made known to the public. Patents are classified into three categories such as: 1. Plant patent -- a type of patent wherein anyone formulates a new variety of plant commonly through asexual reproduction. 2. Utility patent -- a type of patent wherein anyone uncovers any new and functional procedure, mechanism, piece of manufacture, composition of matter or any innovative development. 3. Design patent -- a type of patent wherein anyone invents a contemporary, innovative and ornate design for an article of manufacture. Trademark Defined A trademark is a distinct mark which is commonly used by organizations, institutions, or companies. Trademarks are being used to exclusively differentiate goods or service from other entities especially its possible competitors. Typically, a trademark consists of a name, logo, symbol, word or phrase, image, design or combination of the said components. Uses of Patent and Trademark With a patent, you have the right to prohibit other people from creating, utilizing, selling, or trading in a patented discovery. On the other hand, with trademark you have an absolute right with your "mark." A patent is commonly administered by the government so that the public may be able to utilize it. Conversely, a trademark is commonly managed and utilized by entrepreneurs for their own good since trademarks are usually being used as an effective marketing tool. Benefits of Patent and Trademark An exclusive ownership -- that is the primary benefit when an individual decides to patent his work or someone decides to register a trademark. With this, other people will be prevented from creating, using or selling the ones you have such as an invention or a "mark." You may gain profit. On the patent part, you as an inventor or patentee have the right to sell your discovery. Additionally, you can have your patent licensed in one or more parties for you to obtain some percentage from the selling price. On the other hand, on the part of trademark, entrepreneurs gain profit by it since trademarks are commonly utilized as a marketing tool. The more people who purchase or uses goods or services, the more monetary benefits you will have. The Registration Process In patent, you seek to obtain a patent and claim it. Primarily, you need to present a written description of your discovery. The description must de detailed. The inventor must describe the uses of his discovery. Most importantly, the inventor must provide specifications of your discovery such as how it was made and how it will be operated. The written description is termed as "patent specification." For trademark registration, you will also have to complete an application form which can be downloaded in the website of the Patent and Trademark Office. The application form can also be obtained from the physical office itself. Together with the application form, you will submit a piece of paper with the illustration of your "mark." Additionally, just like in patent registration, you also need to give a description of your trademark or service mark as well as on what goods or services it will be utilized. Both patent and trademark application has its corresponding filing fees. The approval of patent and trademark is being managed by the United States Patent and Trademark Office (USPTO). There are people or institutions who can help you deal with your patent or your trademark registration. For instance "The Investors Assistance Center" is an agency which can help you with topics concerning patent. On the other hand, a professional lawyer who specializes in federal trademark may be of help on your queries about trademark registration. The idea of an individual may it be in the form of an invention or simply a signage is an important asset of one's society. Knowing how to properly utilize it as well as take good care of it can hold a lot of benefit not only to the discoverer but to the whole nation as well. Copyright, Patent and Trademark for Dummies: An Easy Explanation on the Importance of Trademarks, Copyright, and Patents Today, many people tend to be confused on what copyright, patent and trademark is all about. Many people tend to neglect the importance of these things. First of all, when you start your own business, you should have a trademark for your business. A trademark is a kind of symbol or logo that you put in your products to distinguish it from other products made by other companies. For example, if you are in the apparel business, you should have a unique trademark for your clothes, shoes and pants. By having your own trademark, you can be sure that your clients will know what they are buying. If you made a new building design, or if you composed a song or poet, you have to copyright it in order to prevent it from being used without your permission. By copyrighting your songs, your architectural designs, or your documents, you can be sure that it will make it illegal to be used by other people without your permission. It is important that you should copyright your documents in order to prevent others from profiting from it. For example, if you composed a new song and were a hit with the public and you didn't copyright it, you will see that someone else will claim that they wrote the song and will prevent you from using the song without their permission. The same thing goes in patenting an invention. By patenting a particular invention, you can make sure that you will have absolute right for it and claim it as yours where no one will be authorized to copy it. Patenting, copyrighting and trademarks are all in the intellectual property law. You have to consider that this law is made to provide protection on intellectual property and is a special branch of the law that requires a special kind of lawyer. Trademark registration, patenting, and copyrighting are all handled by the United States Patent and Trademark Office or PTO. The PTO is responsible for patenting all kinds of inventions and they are also responsible for registering trademarks and copyrighting. If you recently invented a new kind of gadget which is original and fully functional on its purpose, you can apply for a patent. By patenting your invention, you can be sure that no one else will be able to claim the invention as theirs. However, you have to consider that patenting an invention will take a lot of time and will cost a lot of money. This is why you should be financially prepared for it. You should also consider the fact that you will need a patent and trademark lawyer for it to represent you during the entire process of patenting your invention. You have to consider that the patenting process is a complex process which deals with the intellectual property law. You will also need a lot of requirements for it, such as a prototype of your invention that you need to demonstrate with the PTO. The PTO will determine whether it can be approved or rejected of patenting. In the trademark registration process, you have to present your trademark symbol to the PTO. Although the process for trademark registration is shorter than patenting an invention, you have to consider that it will also take some time. You will need to present a minimum requirement, such as a trademark design and your business registration. Once you have the minimum requirements needed to file for trademark registration, the next step is by letting a PTO lawyer examine the trademark and determine whether it bears a resemblance with other kinds of trademarks that is already registered. There are specific grounds for approval and refusal of trademark where the PTO lawyer will base their decisions. If your trademark symbol contains a lot of similarities with other trademark symbol that is already registered, it will usually be refused. These are the basics in patent, copyright and trademarks. As you can see, it is very important to get your inventions, your architectural designs and trademark logo registered with the PTO to protect it from being used without your permission or get it stolen and be claimed by other people. So, the next time you successfully invented something or you have a new business trademark symbol, or if you wrote a new song or designed a new building, get it patented, copyrighted or registered in the PTO immediately. US Patent and Trademark Office The USPTO was established by Congress. On the government's behalf, this office issues patents. In 1802, the Superintendent of Patents was in charge in issuing patents. And in 1836, the Patent Office reorganized because of come revisions in patent laws and the person in charge was now called Commissioner of Patents. This office remained under the Department of State, and in 1849 it was shifted to the Department of Interior. Today, the office is under the Department of Commerce. Way back in 1975, the name was changed to Patent and Trademark Office. Last year 2000, it was then changed to USPTO. USPTO administers all patent laws. The office grants patents for new inventions, and performs duties that are related to patents. All patent applications are examined to determine if an applicant is entitled to a patent. After this, the office may grant or reject an application according to patent laws. It also reviews all trademark applications needed for a federal registration. It is the office that determines whether all the federal requirements are met by the applicant. The USPTO serves the inventor's interests and businesses with due respect to inventions, service identifications, and other corporate products. The office also assists and advice the US President, Secretary of Commerce, and other government agencies on matters pertaining to intellectual property, both in the domestic and international aspects. The USPTO promotes technological and industrial progress of the entire nation and helps in strengthening the economy through the classification, preservation, and dissemination of all patent information. Here the duties of the office pertaining to patents: examines applications, grants invention patents, publishes patent information, disseminates information, records patent assignments, maintains files of foreign and US patents, and maintains a website for the public. The office also provides training for practitioners. The office seeks preservation of the federal state's technical edge by protecting and encouraging intellectual endeavors, as well as technological progress. With regards to their trademark functions, it's a lot similar to the patent functions of the office. Many people are not even aware of what a patent or a trademark is; a patent is a grant to the inventor of their property rights over their invention, and this is issued by the USPTO. The term usually starts after 20 years from the date of application. Maintenance fees must also be paid, and the grant is only effective within the US, its territories, and possessions. There are also circumstances when patent term adjustments and extensions maybe available. Patents come in three types: utility patents, plant patents, and design patents. A trademark, on the other hand, is a name, word, device, or symbol used in trading of goods. This indicates where the goods are sourced and distinguish such goods from others. Trademark rights are used to stop others, especially competitors, to use a similar and confusing mark. You can register with the USPTO if you're going to use a trademark for foreign commerce or the interstate. Patent and trademarks are very different from each other. It is important that before making any application with the USPTO, you must know the difference between these two words. By doing a free search online, you can learn many things about what USPTO is, and their duties and responsibilities when it comes to patents and trademarks. USPTO employees are there to aid you in the application of your patent or trademark. However, they can't perform other tasks including giving comments on a registered mark's validity, conduct public searches on patent and trademarks, answer eligibility questions pertaining to marks, and offer legal opinion or advice about trademark laws, patent laws, infringement claims, and state registrations. The USPTO is a large office consisting of the commissioner, technology centers composed of group directors, examiners, and support staff. All the employees are committed to carry out their work, duties, and responsibilities. Patents and trademarks are important. Many industries depend on these things and for government support. Because of this office, many inventors are still trying to make new inventions with the use of newer technology for the betterment of the people. If the office can maintain its integrity for the years to some, more and more patents and trademarks will surface in the market. It can also contribute to the US's progressive economy. Do Free Trademark Search to Avoid Problems with Your Application Is there such a thing as free trademark search? The answer can be a yes and a no, why? True enough there are a number of preliminary sites that you can access without any charge, but you're not aware the company's terms pertaining to service or product names. You must do a comprehensive research before you can actually tell the availability of a name. What is a trademark? According to its definition, trademark is defined as a word or unique name, phrase, symbol, logo, image, design, or may be combinations of these different elements that distinctively identify the service or product you offer to customers; this distinguishes a particular company from their competitors. By means of a trademark registration, you can get government protection while you're doing your business. This is a trademark benefit that only registered companies enjoy. Another benefit is that no other company can use your name, or a similar name, nor offer products and services that are like yours. There are even times when the benefits enjoyed by a company extend beyond their chosen industry. The Internet is widely used nowadays, and it is a great tool to make a free trademark search online. There are websites that you can visit to check existing trademarks if you want to apply for one on your own. Make sure that you plan for a unique trademark that will set you apart from the rest. 1. United States Patent and Trademark Office or USPTO -- they have their own site where you can do some searches of Federal trademarks. While you're inside their site, check out the PT depository library and download it. You may also want to check the list of goods acceptable for identification. The site also contains other documents about the basic facts of trademarks. But the site is not that complete. In fact, you can't find a list of state trademarks, DBA records, newspapers, company directories, product announcements, and many other important papers. The site does not offer an intelligent search that gives emphasis on spelling variations, synonyms, word placement; you have to enter the variations manually. 2. State Secretary Website -- depending on your state, you can find a searchable database by state online. Usually, this site doesn't include a list of federal trademarks, other state's listings, and a common-law database. If you can find a state site, you must determine if it's updated regularly and if it can intelligently search. 3. Yellow Pages -- the users are allowed to make a nationwide search by entering the name of the business and make sure that you leave the remaining fields blank. Like the USPTO website, yellow pages don't make intelligent searches unless you enter the variations. Free trademark search online can be of great help for you. So take advantage of the free resources available on the net. Gather all important information that you might find useful. If after some time you're not satisfied with the result, then you can easily hire a private company or an attorney to make a thorough and detailed research. If you want to file a trademark application, you can file this with USPTO. They will ensure that there is no existing trademark that is similar or looks just like your mark. But just a reminder, the USPTO office wasn't organized mainly for applicants but for the existing trademarks. Their main objective is to search possible infringements in your filed trademark. Securing a trademark application has certain roadblocks that you need to deal with, so while there is still time, do your homework and have that search done in time. By visiting the depository libraries, you can search existing trademarks manually. If you want to conduct an electronic trademark search, you can utilize TESS. Don't forget to visit TARR to track your application's progress. Expect that before your application will be approved, it will be subject to scrutiny. The USPTO will make sure that your application is unique and is not identical to the existing trademarks. The slightest resemblance of copyright infringement can send your application rolling to the trash bin. If you don't want to encounter any problems with your application, make lots of free trademark searches and be prepared. This way, your application can be easily approved. The Know-How Application Process for a Federal Trademark A trademark is a common term in the business industry. With the presence of trademark, you as an entrepreneur are benefited of many things. You will reap numerous advantages if you opt to register your trademark through federal registration. Some significant benefits which you can obtain with a registered trademark through federal registration are the following: * You have lawful rights of any ensuing proceedings concerning the trademark. * Through a "constructive notice," you have the ability to inform all entities that the trademark is your absolute property. * The scope of "trademark right" is bigger since you are not confined with simply a state or common law. With this, your trademark will take pleasure in being protected in a national scale from possible encroachment. * With federal registration, there is a high chance for you to register trademarks of various goods or services. Some state or common law has limitations to definite products or services in the said location. * After five years of being registered under the federal registration, your trademark becomes "irrefutable." Now that you have learned the many benefits of registering your trademark through federal registration, then the next thing you should learn is the proper registration process. As an applicant you should present the following: * A completed application form. It is a must to carefully read instructions before you write anything on the application form. Your application may be considered invalid if you do not follow necessary instructions. * A well-prepared illustration of the mark. The illustration must be clearly shown on a clean sheet of paper. * A registration fee. The required registration depends on the type of goods or services an entrepreneur wants to register. For intent-to-use applications, there is an apt surcharge. Payments can be made via check or money order which is billed to "The Assistant Commissioner for Trademarks." Your application can be submitted to the office of United States Patent and Trademark Office (USPTO). For a more convenient filing, you can submit your application online, in the website of the said office. Once you have submitted your application, USPTO then issues your filed trademark as an applicant for federal trademark registration. This is done to notify the public the trademark that is to be evaluated. Moreover, with the trademark being publicized, organizations that have objections can have a room to contest. You need to know that there are standard rules which USPTO follow to approve a trademark. Your trademark will most likely get disapproval from their office if it includes: * Names (first names or surnames) of living individuals. The application may be reconsidered if trademarks with a living individuals' name has the person's permission. * Terms and signs that mock names of people, institutions, principle or national symbols. * Distinctive signs of government institutions. * Names of the late US Presidents. It can be reconsidered if there is permission from the widow. * The flag of the United States. * Trademarks signifying dissolute and disgraceful are not considered by USPTO. Hence, if you wish your trademark to be approved and registered, you need to avoid the above-mentioned items. When the examiner does not perceive any intolerable markings in your trademark, then he will resume with the evaluation. The following criteria are being taken into consideration by the examiner: * The type of goods or services and how it is described by the applicant. * The kind of mark. The examiner will have a close look whether the mark is distinct from others. A filed trademark which does not get any disagreement from other entities, then the finalization of registration may take two to three months to be processed. Once you obtained a "Certificate of Registration," then you now have the right to use the trademark symbol which denotes that your trademark has been registered. A circle with an R inside is the registered trademark symbol. You will enjoy a registered and protected trademark for a preliminary duration of ten years. To continue enjoying the many benefits of a federal registered trademark, you need to update your registration by your fifth or sixth year. A lawyer who specializes in federal trademark will be most helpful for you to finish your trademark application. Making Domain Your Trademark In the advent world of technology, most people especially those who are techie fanatics wants to have their own domain. A domain is a name which distinguishes IP addresses. For you to recognize a particular web page, domain names are needed. Every domain name has a suffix after it to indicate its category or what they call "top level domain," (TLD). Some of the common categorical suffixes are: * .gov - denotes government institutions * .ca - denotes Canadian territories * .edu - denotes educational institutions * .net - denotes network associations * .mil - denotes the Military group * .com - denotes commercial establishments A lot of people wish to secure their own domain name. While some wish to do this for personal use, majority needs it as a marketing tool for their business to flourish. If you will be choosing a domain name for business use, you must first pick an identifier from the above-mentioned suffixes. For the domain name you can: 1. Choose your own business name. For instance, your business name is "speed articles," then you can have it as a domain name. 2. Choose a new domain name. If you decide to choose a new domain name, make sure that the name itself is "catchy" and your target market will easily remember it. In addition, your new domain name should have a link to the product or service you are offering. Most importantly, it should not have the same domain name as others. There are business owners who are not satisfied with having their own domain names. Some wants the domain name to be trademarked. Who says you cannot make your domain a trademark?! You can. While some people argue that it is difficult to make your domain a trademark, there are those who disagree. With proper rules to follow you can make your domain a trademark. * Select a domain name that is distinct and crafty. By doing so, you will not encounter much difficulty in protecting your domain name as trademarks. Additionally, domain names that employ geographic identifiers or surnames are not likely to be given trademark protection. * You need to verify your domain name. There should not be two the same domain names. Having so, your wish to have your domain name trademarked will be disapproved. Hence, it is highly recommended that you undertake a thorough research to see if your domain name has not yet been taken. * After you have gone through with your "domain name search," and you found out that your domain name is exclusive for your use only, then the next step is to trademark your domain name. Some say that it is not necessary to have a domain name trademarked and registered. However, majority of entrepreneurs recommend that you trademark and register your domain name. By doing so, you will have authority to implement your rights when someone attempts to use your domain name. To help you with the registration process, you can seek professional help from a lawyer who specializes in trademarking and who is also knowledgeable about the internet technology. A domain name can be trademarked with the United States Patent and Trademark Office (USPTO). You need to obtain an application from the said office. Once you have completed an application form and complied with the requirements given by the office then you can submit it for evaluation. The evaluation may take months after you will be given a result. As you wait for the decision, you may temporarily use the TM symbol to notify the public that you have rights over the domain name. Once the decision has been out and your application was approved then you can now lawfully use the trademark symbol, "(R)". Once you have registered for your domain name as a trademark, you will have ten years protection. However, during the fifth or sixth month you will be asked to file an affirmation to continue the registration. If you do not file within the specified time, then your registration may be withdrawn. There is no problem if you want to trademarked your domain name; all you need to do is undertake the necessary steps to fulfill your goal. After all, there are many posed benefits if you own a trademarked domain name. Trademark 101: Have A Good Search for Your Company's Development No one wants to have a carbon copy. No one wants to be known as someone else. That is the basic idea of trademark, to be exclusively distinguished from other entity. A trademark is a distinct mark which comes in different forms (words, phrases, symbols, tone, colors and sounds). It is being utilized by most organizations so that their goods or services will have its own unique identification. Types of Marks Trademark is oftentimes used as a general term. However, there are two main types of trademarks: 1. Trademarks -- the term is employed by the owners for identification of physical merchandise. This merchandise personally manufactured or produced by the owner which is usually being sold. TM is the symbol used for trademarks. 2. Service marks -- the term is employed by the owners for identification of the services they offer. Such services can be obtained with charge while others give it for free. The symbol used for service marks is SM. The Need for a Trademark There are a lot of advantages if you have a trademark of your own. It will be more beneficial on your part if the trademark that you have is registered. Such benefits include the following: * Once your trademark is registered you will have a proof of ownership of the mark. * Years after registration (the number of years depend on the state you are located and have registered) your mark may be indisputable. It will then be an irrefutable proof of authority and rights. * A registered trademark may be utilized as a supporting document if you intend to obtain business registration in other locations. Verification of Trademark Once you have carefully thought over the many advantages that will be brought to you by registering trademarks, then the next step would be register it. However, before you undertake trademark registration, you need to verify if your trademark is indeed unique. The internet is a good venue to search existing trademarks. You have to be careful on the verification of your trademark because no two organizations should have the same mark. The first organization who obtains rights for a specific trademark may take legal action towards an organization that uses a trademarked entity. It is also recommended for you to hire a trademark lawyer so he can conduct a thorough search with regards to the trademark you wish to register. Trademark Registration If you wish to register your trademark, there are necessary steps to follow so that you will obtain a properly registered trademark. 1. You need to secure an application form. Once you have the application form, you need to correctly fill it out. Afterwards, you can submit it as a hard copy or can be submitted electronically. 2. You must prepare an apt fee. 3. Do not forget to set up the "drawing or specimen" to be registered. A drawing is a page which represents the mark you want to register. On the other hand, a specimen is a trademark you wish to register that will be utilized for business purposes. The approval of your trademark registration entails different factors. If you have an incomplete trademark application requirement, then a serial number is being assigned to the submitted registration with a sent receipt to the applicant. When you have submitted every necessary requirement then the evaluating agency will undertake a comprehensive review of your application. If the lawyer who examines the "mark" finds flaw into it, he will send you a notice informing you of the grounds why it cannot be registered. Otherwise, if your application as well as your "mark" is acceptable then the lawyer will approve the publication of your trademark. The development of your company or organization depends on many factors. One such is having a trademark you can call your own. By having so, you will be able to find ways to properly and strategically market your goods or services with the help of a trademark. Indeed, no one wants to have a carbon copy. Your trademark has its own identity which sets it apart from other trademarks. Your own trademark does not only denote its uniqueness to other entity. Most importantly, the trademark signifies your own priceless possession made known to many people and organization. Richard Davies Properties: About the Davis Report and Property Secrets Trademark Have you ever dreamed about owning a property in Europe? It can certainly be a great thing if you own a property in your dream destination where you can take your family and friends with you on a vacation. However, just the words Europe and European can mean expensive. For most people purchasing a property in Europe is impractical and can just be a dream. However, what if you can own your dream property in any part of Europe at a very practical cost? It can definitely be a great thing if you can. All you have to do is know how to look for it and know when to invest. So, how will you be able to know when to invest in a property and where? The simple answer to this is through the services of Property Secrets at www.propertysecrets.net. Property Secrets is one of the most popular website European property investment guides existing today. They specialize in European properties where you can employ their services to guide you on your investment in Europe. With Property Secrets, you will be able to know where to invest in a property in Europe and when. The Investment Director of Property Secrets is Richard Davies, a well known and successful property investor in his own right, you can be sure that Property Secrets will give you the best properties in Europe at a fraction of the cost. Richard Davis's property portfolio is worth more than 5 million pounds. Property Secrets Investment Director Richard Davies is responsible for putting many of your investment opportunities together. He negotiates on your behalf and establishes a professional relationship with his clients and also interacts with them personally. With Richard Davis, you can be sure that you will be well-taken care of and you can be sure that your investment in a property in Europe will never go to waste. He offers great deals in investment opportunities in Europe and he also offers high amounts of investment returns to his clients. Richard Davis's trademark in Property Secrets is the Davis Report where you can have access to the latest information about the investment opportunities in every European country. In the Davis Report, you will find out where not to invest, where to invest, when to invest and why invest. The Davis Report contains comprehensive information about the different status of property investments in Europe and will tell you when the best time to invest in a particular country is. If you are looking for a way to make extra cash, then you should try and obtain the services of Property Investment Director Richard Davis. He is a seasoned investor and one that can be trusted by his clients. You can be sure that he will not take advantage of you in any way by giving your poor investment opportunities with low returns. You have to consider that Richard Davis will give you the best possible investment opportunities for properties in Europe in order to protect his reputation and also satisfy his clients. Richard Davis will personally give you comprehensive information about the different status of a European country concerning property investments. He makes sure that you are well-informed and tell you why invest in a certain country or not. You have to consider that Richard Davis is a seasoned and is knowledgeable about the changing status of Europe. With this knowledge and experience, you can be sure that he knows when the best time to invest in a particular property in Europe and why. He analyzes every country in Europe for its status in property investment and will advice you on what European country is the best place to invest in and tells you why. He also analyzes the estimate of the amount of investment returns that you will get when you invest. He will also inform you about the legal issues and taxes concerned in each country you plan on investing in. You have to consider that the European Union is comprised of different countries with different property laws. This is why it is important that before you invest in a property in Europe, you should first know about the different legal issues in each country in Europe you plan on investing in. So, if you don't know anything about property investment, you should consider obtaining the services of an experienced property investor, like Property Secrets Investment Director Richard Davis. He will give you everything you need and will definitely give you the best investment opportunity in Europe with high amounts of investment returns. Be Legally Protected: May It Be a Copyright or Trademark, A Patent Attorney Can do It All An inventor needs a patent, a composer and a writer needs a copyright, and a company needs a trademark. This is basically what patent lawyers do -- provide these people with their legal needs. Patent lawyers are licentiate to assist as inventors' representation during the prosecution proceedings of the patent. Patent attorneys create patent applications and help the inventor while on the process of patent prosecution. These attorneys are adequately trained in the technological area, often either engineering or science and passed an examination supervised by the PTO which rates an attorney's knowledge of patent law. Yet, patent attorneys should also have a law degree and are able to help the patent holder in legal and official proceedings such as infringements to help advocate their rights. Patent attorneys are adept in preparing and pursuing a patent application via the USPTO or the U.S. Patent and Trademark Office. This sector normally considers patent agents as good as patent lawyers, in the condition that they are officially registered. Since the United States Court of Appeals for the Federal Circuit is an ordinary legitimate forum used to report patent infringement, patent attorneys may also select to impose copyright, trademark, or patent laws in a federal court or state. A plaintiff may accept restrictive relief or financial damages from an individual who made use of a copyright, trademark, or patent in an illegal fashion, by going to any court aside from the Court of Appeals. There are several resources existing to help you search for a right patent agent or attorney, such as trade associations, the Internet, as well as district legal organizations. However, a great initial patent source stop is the USPTO's site. The web site presents a master list of attorneys and agents licensed to carry out their practices before the office. More so, a patent attorney should of course have a law background and shall be acknowledged to the bar in single or more legal authorities. Currently, the U.S. has a duel system for patent attorneys and agents. There are roughly 22600 active patent lawyers and 7200 active agents registered to exercise legal professions before the USPTO office, thus the inventor has an important quantity of both kinds of patent practitioners to be evaluated. A major thing that an inventor should remember when choosing either a patent attorney or patent agent is to pick one entailing enough experience in the invention field. As a universal rule, the patent attorney normally has greater fees than the patent agent due to the attorney's extra educational background. One who has an experience in the field of invention can be much more competent and is able to create an effective patent application. There are various ways to select a patent attorney. One technique is the usage of referrals by dealing with individuals and other inventors who practice in the invention field. Another method helpful in searching a patent attorney is to browse on the database of registered practitioners created by USPTO. An ideal search sort is to begin with your local area given that it is most of the time easier to assess probable patent attorneys through telephone calls preceded by a personal meeting that is definitely much price effective on a local source. Patent attorneys may conduct patent related court litigations or exercise certain services that are permitted by the local authority as practicing or performing law. For instance, a patent lawyer can make a contract recounting a patent, for example a license or an assignment, only if he resides in a state that deems contract drafting as practicing law. As a rundown, patent attorneys have proficiency in helping inventors acquire an IP or intellectual property protection of their inventions and their own ideas. People claiming of being patent attorneys should have passed the so-called Patent Bar Examination. For them to qualify for the Bar, patent attorneys should have a college degree in a certified technical course like engineering, or in the field of science like chemistry or biology. Patent attorneys shall incessantly update their learning of IP concerns. Few websites provide specifics on the Patent Bar Examination. May it be a copyright, patent, or trademark, a patent attorney can do it all. Name it and you'll surely have it. But still, remember to pick the right one. Patent and Trademark Attorney: What They Do and Why You Need One Have you ever had a brainstorm where you had a really great idea that can sell? If you did, the first thing that you would naturally do is to turn that idea into a reality. Besides, it's the most natural thing in the world. If you had an idea that can definitely sell, then you will take the necessary steps to turn it into a reality in order to make some money. However, you have to consider that it is more complicated than that. Turning your ideas into a reality right away is a very risky thing to do. You have to consider protecting that idea so no one else can copy that idea and get competitors. For example, if you notice that a company has certain products and no other company sells that same kind of product with a different name, then you have an idea on how to protect your ideas. As an entrepreneur, you should also think of a trademark for your product. The trademark symbolizes your company and will guarantee that the product is from your company. You also need to protect that trademark in order to protect your company from piracy or from illegally using your trademark by other companies. However, you have to consider that it is still legal for other companies to use your unique trademark if you didn't protect it. So, how can you protect your trademark and your ideas from being copied by other people? To do this, all you need is an attorney that specializes in patent and copyright. By patenting and copyrighting your products and your trademark, you will protect your business from piracy and it will make it illegal for other companies to sell your product and use your trademark without your permission. The attorney will be the one who will take care of the legal maze in the US Patent Office. They will take care of all the necessary paperwork and they will also help you in patenting and copyrighting your product and your trademark. You have to understand that there are quite a lot of requirements that you need for you to be able to patent your product. The patent attorney will be the one to help you with all these requirements and advice about the different steps you have to take in order to get you product patented. Patenting can be very expensive not to mention that attorney's fees for his or her services. This is why you have to consider if the whole idea is worth patenting. You have to study your idea and make sure that it will sell in the market. By doing this, you can determine if patenting your idea and your trademark is worth the trouble. If you decide that it is definitely worth your time and money to get your product and trademark patented and copyrighted, it is also important that you should choose your patent lawyer carefully. Find a patent lawyer that you can trust and also a lawyer competent enough to do their job in assisting you when patenting your products. These are some of the things that you should always remember in patenting your product and trademark. By knowing all the necessary steps in patenting and copyrighting and also by knowing how to choose a patent lawyer, you will be able to patent your products and trademark as soon as possible. Always remember that when choosing your patent lawyer, you have to make sure that you can trust them and that you are comfortable working with them. It is always a good idea to call a few around and interview them about their experiences in life. Look for a patent lawyer that provides straight answers and are confident with their skills. You also need to consider that when someone copies your product, the patent lawyer should be able to defend your rights and also have experience in this kind of things. Look for a patent lawyer with the best skills and experience and also look for a lawyer that you can trust. Remember this and you will protect your business from piracy. Always consider the fact that your idea is also considered priceless and protecting it from piracy is one of the best things that you can do. California Trademark Attorney: Protecting Your Business in the State Of California Many people are now considering opening up their own business. Besides, owning your very own business can provide more freedom and at the same time, it can generate income for you and your family. This is the reason why many people are now starting their own businesses. They simply don't want to work like a slave in a company that they don't own. Having your own business is definitely the best way to earn and have a stable income. Who knows? Maybe you can make your business proper and develop and eventually generate a lot of money and make your dreams come true. Another great thing about owning your business is that you can run it anyway you like. Unlike being just an employee of a certain company where you don't have the freedom to run things, having your own business means that you can do whatever you want with it. You have total control over it and you will be your own boss. There will be no one to tell you what to do about your business. However, before you start your own business, you have to think about a design for your business trademark. You have to make sure that it is unique and no other kind of business trademark is similar to your trademark. It is also important that you should have absolute right to use your trademark and no one else can legally use it without your permission. To do this, you have to consult with a trademark attorney to help you in establishing your business with your very own business name and trademark. You have to consider that the trademark law is very different from other laws. It is unique and has different requirements and principles. This is why you should look for an attorney that specializes in this field. They will know what to do and have vast knowledge about the complex trademark law. They will be able to help you about the different aspects of trademark law. They can offer in assisting you with the trademark application, evaluation of the trademark and legal documents about the product name and your business. You have to understand that you need an attorney to properly let you understand the complex and unique trademark law. So, the first thing that you need to do is look for an attorney that specializes in the trademark law. First of all, it is important to remember that the attorney you choose for this kind of legal process should have a vast understanding and also experience about the trademark law and the different legal process about it. The rule of thumb when choosing a lawyer that specializes in this field is not to choose them through referral services or through advertising. You have to consider the fact that referral services do not evaluate the experience and the skills of the attorney. They list any attorneys willing to pay the dues. Finding lawyers through advertising is also not recommended as these kinds of lawyers usually practice their profession like factories. The services will be impersonal, and the lawyer will not be the one to prepare the paperwork for your trademark application but only by employed paralegals. It is recommended that instead of looking for trademark attorneys in referral services and through advertising, you should look for a trademark lawyer who provides personal services to their client and one who pays close attention to the trademark application matters. This should include trademark searching and filing. It is important that you should hire a trademark lawyer who is experienced in the field and is well-educated in the trademark law. Look for a trademark attorney that graduated in law school and make sure that they passed the BAR exam in California. It is also important that they have extensive knowledge about the trademark, copyright and patent law in California. You can make sure that the attorney you hire is real through their references. In California, the University of California, Berkeley (Boalt Hall School of Law) is considered to be one of the leading schools in intellectual property programs. Try asking your lawyer where they studied in order to know if they came from a good and competent law school if it is important for you. Your intellectual property is considered to be one of the most valuable properties that you can own. Make sure you protect it from being stolen from you by protecting it with the intellectual property law.
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