Elisha Baity, MGT 386, December 10, 2008
A trademark is a word, name, symbol, device, or combination thereof used for a good for identification purposes (www.sec.state.ri.us/corps/trademark/trademark-q.doc). A servicemark is a word, name, symbol or device used for a service for identification purposes (Moore, 2008). A trademark or servicemark should be established at the earliest date of initial use of the good or service (www.amerilawyer.com). Reasons to obtain a trademark or servicemark include the following (www.amerilawyer.com):
* The name of a product can become a valuable asset to a company
* Registration of a trademark or servicemark helps in keeping others from adopting your product or design
* Failure to register a trademark or servicemark can mean no protection or limited protection in a local geographic region
* Registration allows for use of the Federal trademark symbol ®
* Promotion and advertisement of the product can be done with extra assurance
* Injunctions and statutory damages can be allotted if a copycat situation occurs
Requirements to file include filing under the owner’s name, specifying the type of business entitiy, describing the use of the product or advertising of the product on an actual use application, a statement of good faith in an intent-to-use application, and a visual of the product (www.amerilawyer.com). When registering a product or service, the owner must choose a category that is best representative (www.sec.state.ri.us/corps/trademark/trademark-q.doc). If the product or service falls into more than one category, an application needs to be filed for each one (www.sec.state.ri.us/corps/trademark/trademark-q.doc). The registration process for a trademark or servicemark is a six-month to eight-month process (www.amerilawyer.com). Once the registration process has begun, the owner may us the trademark symbol, ™, until the process is complete. After completion, the owner may use the Federal trademark symbol ®.
Failure to register a product or service can cause a company to lose out on substantial benefits. The benefits include nationwide protection, presumption of validity in infringement litigation, and permission to use the ® symbol (www.amerilawyer.com).
References
Moore, Shannon (2008). Trademark vs. Servicemark. Ezine Articles. Retrieved December 10, 2008, from www.ezinearticles.com
www.sec.state.ri.us/corps/trademark/trademark-q.doc. Retrieved December 10, 2008.
www.amerilawyer.com. Retrieved December 10, 2008
Showing posts with label trademark. Show all posts
Showing posts with label trademark. Show all posts
Thursday, December 11, 2008
Tuesday, December 9, 2008
Protecting Trademarks
Chris Jackson, MGT 386, December 5, 2008
As many advisors and lawyers will tell you, registering a trademark or obtaining service rights is the best way to protect the rights to any product or service. According to Wikipedia, “The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well known characteristics of celebrities” (Wikipedia, http://en.wikipedia.org/wiki/Trademark). In fact, they have also shown to add more value to that particular product or service because they are one of the most important assets to that company. This was best stated in a trademark article by Jane Tucker when she said, “Just as you would protect your other assets from harm, you should also do what is necessary to ensure protection of your trademark or service mark from a competitor who may attempt to sell different goods or services under an identical or confusingly similar name” (Protecting Your Trademark and/or Service Mark Rights, http://www.vanblk.com/Resources/Legal_Articles_Cases/ProtectingYourTrademarkandorServiceMarkRights.asp). It is also to your advantage to go through this process for security reasons as stated above.
Upon further research, I uncovered information on the United States Patent and Trademark Office Website, which stated that there are detailed instructions to follow that can easily lead you to your own registration of a trademark or service mark. In this process of filing with the government, the first step is to identify which type of intellectual property is best for you, which in this case is a trademark. According to the USPTO, “The next step is to search our database, before filing your application, to determine whether anyone is already claiming trademark rights in a particular mark” (United States Patent and Trademark Office, http://www.uspto.gov/web/trademarks/workflow/start.htm). It also states that after you have chosen your mark and conducted a trademark search, you will need to draft a description of goods and/or services. A trademark application is incomplete without a statement identifying the goods and/or services with which the mark is used or will be used. This identification of goods or services must be specific enough to identify the nature of the good or services.
In my research I have found that not only can you register through the United States Patent Office, but you can also register through the Alabama Secretary of State on their website if you wanted to register more of a smaller business type company under a trademark. This process would certify that you would maintain this trademark for ten years until you renew it (Alabama Secretary of State, http://www.sos.state.al.us/BusinessServices/Trademarks.aspx). Rights of ownership of a particular mark are derived from the Common Law of Alabama which states that once you adopt and use a mark, and are documented as the first to use this mark, that you will then have exclusive rights to use that mark.
Protection of trademarks is a serious issue when it comes to protecting a business or product, that is has sometimes landed individuals in the court room with issues that result in severe repercussions. One thing that everyone should do once they decide to apply for a trademark is obtain legal assistance, so that you will have some aide through the process and do not overlook any minor details that could have serious consequences for negligence.
As many advisors and lawyers will tell you, registering a trademark or obtaining service rights is the best way to protect the rights to any product or service. According to Wikipedia, “The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well known characteristics of celebrities” (Wikipedia, http://en.wikipedia.org/wiki/Trademark). In fact, they have also shown to add more value to that particular product or service because they are one of the most important assets to that company. This was best stated in a trademark article by Jane Tucker when she said, “Just as you would protect your other assets from harm, you should also do what is necessary to ensure protection of your trademark or service mark from a competitor who may attempt to sell different goods or services under an identical or confusingly similar name” (Protecting Your Trademark and/or Service Mark Rights, http://www.vanblk.com/Resources/Legal_Articles_Cases/ProtectingYourTrademarkandorServiceMarkRights.asp). It is also to your advantage to go through this process for security reasons as stated above.
Upon further research, I uncovered information on the United States Patent and Trademark Office Website, which stated that there are detailed instructions to follow that can easily lead you to your own registration of a trademark or service mark. In this process of filing with the government, the first step is to identify which type of intellectual property is best for you, which in this case is a trademark. According to the USPTO, “The next step is to search our database, before filing your application, to determine whether anyone is already claiming trademark rights in a particular mark” (United States Patent and Trademark Office, http://www.uspto.gov/web/trademarks/workflow/start.htm). It also states that after you have chosen your mark and conducted a trademark search, you will need to draft a description of goods and/or services. A trademark application is incomplete without a statement identifying the goods and/or services with which the mark is used or will be used. This identification of goods or services must be specific enough to identify the nature of the good or services.
In my research I have found that not only can you register through the United States Patent Office, but you can also register through the Alabama Secretary of State on their website if you wanted to register more of a smaller business type company under a trademark. This process would certify that you would maintain this trademark for ten years until you renew it (Alabama Secretary of State, http://www.sos.state.al.us/BusinessServices/Trademarks.aspx). Rights of ownership of a particular mark are derived from the Common Law of Alabama which states that once you adopt and use a mark, and are documented as the first to use this mark, that you will then have exclusive rights to use that mark.
Protection of trademarks is a serious issue when it comes to protecting a business or product, that is has sometimes landed individuals in the court room with issues that result in severe repercussions. One thing that everyone should do once they decide to apply for a trademark is obtain legal assistance, so that you will have some aide through the process and do not overlook any minor details that could have serious consequences for negligence.
Protecting Trademarks and Service Marks
Destin Rice, MGT 386, November 23, 2008
Because of the high level of competition in the business world, many companies and organizations choose to protect their products and services with trademarks and service marks. Trademarks include “any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods” (UPTO, 2008). “The owner of a trademark has exclusive right to use it on the product it was intended to identify and often on related products. Service-marks receive the same legal protection as trademarks but are meant to distinguish services rather than products” (Cornell). In order for a business to protect its trademarks and service marks, the business must comply with several requirements and follow a certain process.
Protecting trademarks and service marks does not require that the trademarks and service marks be federally registered. However, if a company chooses to federally register its trademarks and service marks it may reap a magnitude of benefits. Examples of benefits include a “constructive notice nationwide of the trademark and service mark owner’s claim; evidence of ownership; jurisdiction of federal courts may be invoked; registration can be used as a basis for obtaining registration in foreign countries; and registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods” (USPTO, 2008).
A company may register its trademarks and service marks by “accessing forms through the Trademark Electronic Application System (TEAS)” (USPTO, 2008). TEAS can assist a business in filing an “application for registration of a mark, response to examining attorney’s office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C 1058, and an affidavit of incontestability under 15 U.S.C. 1065” (USPTO, 2008). One may find assistance by visiting USPTO’s Web site or by searching additional Web sites for trademark and service mark information.
Several requirements exist in order to obtain a filing date. A company of person must include the “name of the applicant, a name and address to which the USPTO should send correspondence, a clear drawing of the mark, a listing of the goods or services, and the filing fee for at least one class of goods or services” (International, 2008). Information concerning fees may be found on the USPTO Web site.
While the process of registering each mark may be time consuming and require a company or organization to participate in additional paperwork, the benefits of a registered trademark may be seen in a timely manner on the company’s balance sheet. Trademarks and service marks give companies and corporations a competitive advantage that may make a difference in the success of the business.
Works Cited
Cornell University Law School. Trademark Law: An Overview. Retrieved November 25, 2008,from http://topics.law.cornell.edu/wex/Trademark
International Trademark Association (2008). Filing a Trademark Application in the United States. Retrieved November 25, 2008, from http://www.inta.org/index.php?option=com_content&task=view&id=182&Itemid=59&getcontent=1
United States Patent and Trademark Office, (2008). Retrieved November 25, 2008, from
http://www.uspto.gov/main/trademarks.htm
Because of the high level of competition in the business world, many companies and organizations choose to protect their products and services with trademarks and service marks. Trademarks include “any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods” (UPTO, 2008). “The owner of a trademark has exclusive right to use it on the product it was intended to identify and often on related products. Service-marks receive the same legal protection as trademarks but are meant to distinguish services rather than products” (Cornell). In order for a business to protect its trademarks and service marks, the business must comply with several requirements and follow a certain process.
Protecting trademarks and service marks does not require that the trademarks and service marks be federally registered. However, if a company chooses to federally register its trademarks and service marks it may reap a magnitude of benefits. Examples of benefits include a “constructive notice nationwide of the trademark and service mark owner’s claim; evidence of ownership; jurisdiction of federal courts may be invoked; registration can be used as a basis for obtaining registration in foreign countries; and registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods” (USPTO, 2008).
A company may register its trademarks and service marks by “accessing forms through the Trademark Electronic Application System (TEAS)” (USPTO, 2008). TEAS can assist a business in filing an “application for registration of a mark, response to examining attorney’s office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C 1058, and an affidavit of incontestability under 15 U.S.C. 1065” (USPTO, 2008). One may find assistance by visiting USPTO’s Web site or by searching additional Web sites for trademark and service mark information.
Several requirements exist in order to obtain a filing date. A company of person must include the “name of the applicant, a name and address to which the USPTO should send correspondence, a clear drawing of the mark, a listing of the goods or services, and the filing fee for at least one class of goods or services” (International, 2008). Information concerning fees may be found on the USPTO Web site.
While the process of registering each mark may be time consuming and require a company or organization to participate in additional paperwork, the benefits of a registered trademark may be seen in a timely manner on the company’s balance sheet. Trademarks and service marks give companies and corporations a competitive advantage that may make a difference in the success of the business.
Works Cited
Cornell University Law School. Trademark Law: An Overview. Retrieved November 25, 2008,from http://topics.law.cornell.edu/wex/Trademark
International Trademark Association (2008). Filing a Trademark Application in the United States. Retrieved November 25, 2008, from http://www.inta.org/index.php?option=com_content&task=view&id=182&Itemid=59&getcontent=1
United States Patent and Trademark Office, (2008). Retrieved November 25, 2008, from
http://www.uspto.gov/main/trademarks.htm
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