By: Michael J Foycik Jr.
March 22, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO TRADEMARK GENERAL INFORMATION
Preparing a US Trademark Application
To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.
A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.
Read read >> http://internationalpatentservice.com/US-USPTO-Trademark.html
Showing posts with label Trademark. Show all posts
Showing posts with label Trademark. Show all posts
Saturday, March 21, 2020
Sunday, March 15, 2020
Patents, Trademarks, Copyrights and Trade Secrets: A Guide
By: Annika Bansal
If you’re an entrepreneur, it’s likely that you’ve heard about intellectual property. If you aren’t particularly familiar with the details of it, this is a great place to start!
Intellectual property (IP) law can be broken up into four main areas: patents, trademarks, copyrights and trade secrets.
Regardless of your industry, IP law can play a major role in protecting your original ideas, especially if you’re just starting out and part of a smaller venture.
Here is a guide to patents, trademarks, copyrights, and trade secrets to help get you started on IP law!
Read more >> https://small-bizsense.com/patents-trademarks-copyrights-and-trade-secrets-a-guide/
If you’re an entrepreneur, it’s likely that you’ve heard about intellectual property. If you aren’t particularly familiar with the details of it, this is a great place to start!
Intellectual property (IP) law can be broken up into four main areas: patents, trademarks, copyrights and trade secrets.
Regardless of your industry, IP law can play a major role in protecting your original ideas, especially if you’re just starting out and part of a smaller venture.
Here is a guide to patents, trademarks, copyrights, and trade secrets to help get you started on IP law!
Read more >> https://small-bizsense.com/patents-trademarks-copyrights-and-trade-secrets-a-guide/
Thursday, February 13, 2020
U.S. Trademark Attorney Advice for Chinese Companies to Get U.S. Trademarks
By: Michael Foycik
February 14, 2020
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.
The following is advice from a US attorney, in the field of US Trademark law. From my work assisting companies in China with their US trademark applications, I have the following advice. This may help your company save time, effort, and money.
The main problem is when filing the wrong specimens of use, which can become costly and delay the trademark application. Correct specimens of use are required in US Trademark applications. They are required at the time of initial filing for “actual use” applications, and they are required after allowance in “intent-to-use” applications. The specimen of use should show the trademark attached to the products, or on boxes/packages that contain the products; or on a web site showing the trademark in an actual business. If a web site, ideally there will be an order page.
The description of the goods and services should be specific, as far as possible. It can start with a generic term, followed by one or more specific terms. An example is: “Exercise classes, specifically in the field of stretching and yoga.” The trademark examiner can then more easily accept the description, or alternatively suggest an acceptable version of the description, speeding up the trademark process.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Advice-For-Chinese-Companies-To-Get-US-Trademarks.html
February 14, 2020
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.
The following is advice from a US attorney, in the field of US Trademark law. From my work assisting companies in China with their US trademark applications, I have the following advice. This may help your company save time, effort, and money.
The main problem is when filing the wrong specimens of use, which can become costly and delay the trademark application. Correct specimens of use are required in US Trademark applications. They are required at the time of initial filing for “actual use” applications, and they are required after allowance in “intent-to-use” applications. The specimen of use should show the trademark attached to the products, or on boxes/packages that contain the products; or on a web site showing the trademark in an actual business. If a web site, ideally there will be an order page.
The description of the goods and services should be specific, as far as possible. It can start with a generic term, followed by one or more specific terms. An example is: “Exercise classes, specifically in the field of stretching and yoga.” The trademark examiner can then more easily accept the description, or alternatively suggest an acceptable version of the description, speeding up the trademark process.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Advice-For-Chinese-Companies-To-Get-US-Trademarks.html
Wednesday, February 12, 2020
An Interview with Eric Karich: Reporting Copyright, Patent and Trademark Infringements on Amazon
By: Rachel Blackburn
Who are SellerGard?
SellerGard is an offshoot of Karich & Associates, a boutique patent firm based in California, US. The program is designed to help protect Amazon sellers with trademarks and patents. Karich & Associates have over 20 years’ experience assisting with design patents, utility patents, trademarks, and research. They have prepared patents for a wide range of inventions and have extensive experience developing international protection strategies.
1. Why do trademarks matter to Amazon sellers?
Having a registered trademark is especially important to Amazon sellers because a registration allows sellers to obtain Amazon Brand Registry (ABR), which gives access to Enhanced Brand Content (EBC). EBC allows you to edit your product listing and description, as well as add multiple photos, videos, etc, which gives you quite an advantage over the countless pages of generic listings. ABR also provides a powerful “search and report” tools so that you can remove infringers and copycats quickly and easily.
Trademarks have tremendous additional value quite apart from the Amazon platform. A trademark is what enables your customers to make repeat purchases from you, recommend you to friends, etc. It is very common for unscrupulous competitors to copy your name to divert customers from you to their products, and a trademark is what enables you to stop this. Furthermore, it is critical at the start of your business to select a trademark that does not infringe anyone else, which can be disastrous.
Read more >> https://digitl.agency/2020/02/an-interview-with-eric-karich-reporting-copyright-patent-and-trademark-infringements-on-amazon/
Who are SellerGard?
SellerGard is an offshoot of Karich & Associates, a boutique patent firm based in California, US. The program is designed to help protect Amazon sellers with trademarks and patents. Karich & Associates have over 20 years’ experience assisting with design patents, utility patents, trademarks, and research. They have prepared patents for a wide range of inventions and have extensive experience developing international protection strategies.
1. Why do trademarks matter to Amazon sellers?
Having a registered trademark is especially important to Amazon sellers because a registration allows sellers to obtain Amazon Brand Registry (ABR), which gives access to Enhanced Brand Content (EBC). EBC allows you to edit your product listing and description, as well as add multiple photos, videos, etc, which gives you quite an advantage over the countless pages of generic listings. ABR also provides a powerful “search and report” tools so that you can remove infringers and copycats quickly and easily.
Trademarks have tremendous additional value quite apart from the Amazon platform. A trademark is what enables your customers to make repeat purchases from you, recommend you to friends, etc. It is very common for unscrupulous competitors to copy your name to divert customers from you to their products, and a trademark is what enables you to stop this. Furthermore, it is critical at the start of your business to select a trademark that does not infringe anyone else, which can be disastrous.
Read more >> https://digitl.agency/2020/02/an-interview-with-eric-karich-reporting-copyright-patent-and-trademark-infringements-on-amazon/
Sunday, January 12, 2020
WHEN CAN TRADEMARK INFRINGERS BE FORCED TO FORFEIT THEIR ILL-BEGOTTEN PROFITS?
By: Omid Khalifeh
In 2010, Romag Fasteners, a company that produces and sells magnetic snaps, fasteners and closures, brought suit in the United States District Court for the District of Connecticut against Fossil Inc., as well as Macy’s, alleging patent and trademark infringement. According to the lawsuit, Fossil had been a licensee of Romag’s patent-protected magnetic closures but had switched to an unapproved supplier, which Romag alleges sold counterfeit Romag magnetic snaps. Thus, certain Fossil handbags sold in the United States were found to contain said counterfeit snaps. In this manner, not only did Fossil run afoul of Romag’s patents for the metal components, Fossil was also accused of violating Romag’s trademarks because the knock-off parts bore the “ROMAG” mark. Moreover, due to the existence of the agreement between the two parties in connection with which Fossil agreed to use Romag closures for its profits, Romag contends that Fossil knowingly adopted and used the Romag mark without its consent.
Trademark infringement involves the unauthorized use of a trademark on or in connection with goods and/or services in a manner that is likely to cause consumers to be confused, deceived, or mistaken as to the source of the goods and/or services. When trademark infringement is found to be willful, the infringer is required to forfeit any profits realized from sale under the infringing mark.
Read more >> https://www.omnilegalgroup.com/blog/when-can-trademark-infringers-be-forced-to-forfeit-their-ill-begotten-profits/
In 2010, Romag Fasteners, a company that produces and sells magnetic snaps, fasteners and closures, brought suit in the United States District Court for the District of Connecticut against Fossil Inc., as well as Macy’s, alleging patent and trademark infringement. According to the lawsuit, Fossil had been a licensee of Romag’s patent-protected magnetic closures but had switched to an unapproved supplier, which Romag alleges sold counterfeit Romag magnetic snaps. Thus, certain Fossil handbags sold in the United States were found to contain said counterfeit snaps. In this manner, not only did Fossil run afoul of Romag’s patents for the metal components, Fossil was also accused of violating Romag’s trademarks because the knock-off parts bore the “ROMAG” mark. Moreover, due to the existence of the agreement between the two parties in connection with which Fossil agreed to use Romag closures for its profits, Romag contends that Fossil knowingly adopted and used the Romag mark without its consent.
Trademark infringement involves the unauthorized use of a trademark on or in connection with goods and/or services in a manner that is likely to cause consumers to be confused, deceived, or mistaken as to the source of the goods and/or services. When trademark infringement is found to be willful, the infringer is required to forfeit any profits realized from sale under the infringing mark.
Read more >> https://www.omnilegalgroup.com/blog/when-can-trademark-infringers-be-forced-to-forfeit-their-ill-begotten-profits/
Wednesday, January 8, 2020
Costly Misconceptions About Trademarks
By: Michael J Foycik Jr.
January 9, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Getting a trademark is a great idea, but things may not be that simple. There are some misconceptions that can cost time, money, or even loss of rights.
One common misconception is that a registered trademark is necessary to have enforceable trademark rights. We are all familiar with registered trademarks – the kind with the ® registration symbol. But, trademark rights normally arise from actual use, even for unregistered trademarks. State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark. No registration, no problem – sometimes.
Getting a registered trademark requires filing a trademark application. Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark. These choices can have profound consequences. Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark application filing forms and elsewhere.
Actual use sounds better than intent-to-use. Maybe so - unless there is a conflict with another trademark filed on an intent-to-use basis. Then, surprisingly, the owner of the intent-to-use to application is permitted to introduce evidence of events that show an intent-to-use that has occurred before the application's filing date. The actual-use applicant does not have the same rights. Such evidence of intent-to-use can be scant: a mere mention at a business meeting, or an order for design of the mark, for example. This is peculiar to federal trademarks; state courts can apply their own standards and might well decide specific cases differently.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html
January 9, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Getting a trademark is a great idea, but things may not be that simple. There are some misconceptions that can cost time, money, or even loss of rights.
One common misconception is that a registered trademark is necessary to have enforceable trademark rights. We are all familiar with registered trademarks – the kind with the ® registration symbol. But, trademark rights normally arise from actual use, even for unregistered trademarks. State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark. No registration, no problem – sometimes.
Getting a registered trademark requires filing a trademark application. Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark. These choices can have profound consequences. Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark application filing forms and elsewhere.
Actual use sounds better than intent-to-use. Maybe so - unless there is a conflict with another trademark filed on an intent-to-use basis. Then, surprisingly, the owner of the intent-to-use to application is permitted to introduce evidence of events that show an intent-to-use that has occurred before the application's filing date. The actual-use applicant does not have the same rights. Such evidence of intent-to-use can be scant: a mere mention at a business meeting, or an order for design of the mark, for example. This is peculiar to federal trademarks; state courts can apply their own standards and might well decide specific cases differently.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html
Tuesday, December 24, 2019
The US Patent and Trademark Office (USTPO) has published a patent application submitted by bitcoin startup Blockstream related to its work on sidechains.
By: Stan Higgins
The application, submitted on 9th May and published earlier this week, outlines “systems and methods…for transferring an asset from a parent chain to a sidechain”. It names Blockstream CEO Adam Back and Blockstream CTO Greg Maxwell (who is also a Core contributor) as inventors. Sidechains are envisioned as a way to allow the movement of digital assets from one blockchain to another, opening the door to new kinds of applications and experiments using the tech.
The application’s release comes months after the startup announced a patent pledge, saying at the time that it would make its patents and applications available under the Defensive Patent License. The application outlines how assets could be exchange between a primary blockchain and a sidechain to which it is connected, explaining:
“A simplified payment verification (SPV) proof associated with the parent chain asset may be generated. The SPV proof may include a threshold level of work. The SPV proof associated with the parent chain asset may be validated, and a sidechain asset corresponding to the parent chain asset may be generated. If no reorganization proof is detected, the sidechain asset is released.”
Read more >> https://www.coindesk.com/bitcoin-blockstream-patent-sidechains
The application, submitted on 9th May and published earlier this week, outlines “systems and methods…for transferring an asset from a parent chain to a sidechain”. It names Blockstream CEO Adam Back and Blockstream CTO Greg Maxwell (who is also a Core contributor) as inventors. Sidechains are envisioned as a way to allow the movement of digital assets from one blockchain to another, opening the door to new kinds of applications and experiments using the tech.
The application’s release comes months after the startup announced a patent pledge, saying at the time that it would make its patents and applications available under the Defensive Patent License. The application outlines how assets could be exchange between a primary blockchain and a sidechain to which it is connected, explaining:
“A simplified payment verification (SPV) proof associated with the parent chain asset may be generated. The SPV proof may include a threshold level of work. The SPV proof associated with the parent chain asset may be validated, and a sidechain asset corresponding to the parent chain asset may be generated. If no reorganization proof is detected, the sidechain asset is released.”
Read more >> https://www.coindesk.com/bitcoin-blockstream-patent-sidechains
Saturday, December 7, 2019
The Strategic Effects of Trademark Protection
By: Davidson Heath and Christopher Mace
As the U.S. economy shifts toward service- and technology-based industries, firm value is increasingly accounted for by intangible capital such as intellectual property. We examine a basic class of intellectual-property assets—trademarks—and present evidence on the effects of trademark protection on firm profits and strategy. Trademarks grant the holder a monopoly over a particular brand. The efficiency rationale for trademark protection is that it incentivizes firms to invest in product quality and development. On the other hand, stronger trademark protection inevitably insulates incumbents from competition. Whether the quality-incentive or monopoly-rent effect dominates is an empirical question with significant policy implications.
To study the causal effects of varying trademark protection, we exploit the Federal Trademark Dilution Act (FTDA) of 1995, which granted additional legal protection to “famous” trademarks until its key provision was nullified in 2003 by a U.S. Supreme Court decision. We find that the act raised treated firms’ operating return on assets by an average of 1.7 percentage points, equal to 12 percent of their average pre-FTDA profits. The passage of the act was followed by a sharp increase in trademark lawsuits under the new provision and by reduced entry and turnover in affected goods and service classes, consistent with our hypothesis that the FTDA raised the expected cost of entry into affected product markets.
Read more >> https://www.cato.org/publications/research-briefs-economic-policy/strategic-effects-trademark-protection
As the U.S. economy shifts toward service- and technology-based industries, firm value is increasingly accounted for by intangible capital such as intellectual property. We examine a basic class of intellectual-property assets—trademarks—and present evidence on the effects of trademark protection on firm profits and strategy. Trademarks grant the holder a monopoly over a particular brand. The efficiency rationale for trademark protection is that it incentivizes firms to invest in product quality and development. On the other hand, stronger trademark protection inevitably insulates incumbents from competition. Whether the quality-incentive or monopoly-rent effect dominates is an empirical question with significant policy implications.
To study the causal effects of varying trademark protection, we exploit the Federal Trademark Dilution Act (FTDA) of 1995, which granted additional legal protection to “famous” trademarks until its key provision was nullified in 2003 by a U.S. Supreme Court decision. We find that the act raised treated firms’ operating return on assets by an average of 1.7 percentage points, equal to 12 percent of their average pre-FTDA profits. The passage of the act was followed by a sharp increase in trademark lawsuits under the new provision and by reduced entry and turnover in affected goods and service classes, consistent with our hypothesis that the FTDA raised the expected cost of entry into affected product markets.
Read more >> https://www.cato.org/publications/research-briefs-economic-policy/strategic-effects-trademark-protection
Monday, December 2, 2019
Costly Misconceptions About Trademarks
By: Michael J Foycik Jr.
Dec.2, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Getting a trademark is a great idea, but things may not be that simple. There are some misconceptions that can cost time, money, or even loss of rights.
One common misconception is that a registered trademark is necessary to have enforceable trademark rights. We are all familiar with registered trademarks – the kind with the ® registration symbol. But, trademark rights normally arise from actual use, even for unregistered trademarks. State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark. No registration, no problem – sometimes.
Getting a registered trademark requires filing a trademark application. Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark. These choices can have profound consequences. Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark application filing forms and elsewhere.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html
Dec.2, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
Getting a trademark is a great idea, but things may not be that simple. There are some misconceptions that can cost time, money, or even loss of rights.
One common misconception is that a registered trademark is necessary to have enforceable trademark rights. We are all familiar with registered trademarks – the kind with the ® registration symbol. But, trademark rights normally arise from actual use, even for unregistered trademarks. State courts can enforce such rights arising from actual use, even in the absence of a federally registered trademark. No registration, no problem – sometimes.
Getting a registered trademark requires filing a trademark application. Choices need to be made right at the start: actual use or intent-to-use; type of goods/services; logo or word mark. These choices can have profound consequences. Even the U.S. Trademark Office recommends having an experienced trademark attorney help with those choices – you'll see the warning for that in the online trademark application filing forms and elsewhere.
Read more >> http://internationalpatentservice.com/Costly-Misconceptions-About-Trademarks.html
Sunday, December 1, 2019
How to Trademark and Copyright a Name or Logo
By: Anya Skrba
Just as your business has a name, it also needs to have its own recognizable logo in order to establish a visual representation of your brand. The logo needs to perfectly reflect your company’s market niche and brand personality. And it should be unique enough to differentiate the company from the competition.
Because your name and logo are part of the DNA of your brand and your business, applying for registration of the copyright and trademark of both is an important consideration.
Do You Need to Register Your Trademark and Copyright In Your Name or Logo?
You certainly don’t have to register the copyright and trademark your company’s name or logo, in the United States; you own the copyright as soon as you put the original work on a pieces of paper or computer drive, and you won a trademark as soon as you use your name and logo for marketing your business. However, taking the extra step of registering both can give you important protection. Registering the trademark protects you from losing your rights to it if some other company uses the same or a highly similar name. By registering your trademark your name, you’re declaring exclusive rights to it for your line of business. And you’re preventing someone else from using your name for own in a similar business.
Read more >> https://firstsiteguide.com/trademark-copyright/
Just as your business has a name, it also needs to have its own recognizable logo in order to establish a visual representation of your brand. The logo needs to perfectly reflect your company’s market niche and brand personality. And it should be unique enough to differentiate the company from the competition.
Because your name and logo are part of the DNA of your brand and your business, applying for registration of the copyright and trademark of both is an important consideration.
Do You Need to Register Your Trademark and Copyright In Your Name or Logo?
You certainly don’t have to register the copyright and trademark your company’s name or logo, in the United States; you own the copyright as soon as you put the original work on a pieces of paper or computer drive, and you won a trademark as soon as you use your name and logo for marketing your business. However, taking the extra step of registering both can give you important protection. Registering the trademark protects you from losing your rights to it if some other company uses the same or a highly similar name. By registering your trademark your name, you’re declaring exclusive rights to it for your line of business. And you’re preventing someone else from using your name for own in a similar business.
Read more >> https://firstsiteguide.com/trademark-copyright/
Monday, November 25, 2019
How SMEs benefit from patents, industrial designs, trademarks and copyrights
By: Bulls N Bears
NOWADAYS the question is no longer if innovation is important for a company but rather to what extent.
Innovation is the single most relevant element in fuelling corporations’ competitive advantage and ultimate value creation. It also creates new drivers for value creation.
Multinational companies explore the boundaries of innovation extensively but small- and medium-sized enterprises (SMEs) are catching up.
This is important since SMEs represent a significant part of companies in Zimbabwe and also in other countries in Africa.
In fact, SMEs make up more than 90 percent of all businesses in Zimbabwe and they are drivers of growth and innovation in economies. IPRs have the goal to ensure and foster investments in innovation.
“IP refers to unique, value-adding creations of the human intellect that results from human ingenuity, creativity and inventiveness”
Read more >> http://www.bulls.co.zw/2019/11/25/how-smes-benefit-from-patents-industrial-designs-trademarks-and-copyrights/
NOWADAYS the question is no longer if innovation is important for a company but rather to what extent.
Innovation is the single most relevant element in fuelling corporations’ competitive advantage and ultimate value creation. It also creates new drivers for value creation.
Multinational companies explore the boundaries of innovation extensively but small- and medium-sized enterprises (SMEs) are catching up.
This is important since SMEs represent a significant part of companies in Zimbabwe and also in other countries in Africa.
In fact, SMEs make up more than 90 percent of all businesses in Zimbabwe and they are drivers of growth and innovation in economies. IPRs have the goal to ensure and foster investments in innovation.
“IP refers to unique, value-adding creations of the human intellect that results from human ingenuity, creativity and inventiveness”
Read more >> http://www.bulls.co.zw/2019/11/25/how-smes-benefit-from-patents-industrial-designs-trademarks-and-copyrights/
Thursday, November 21, 2019
What is Trademark
By: Michael J Foycik Jr.
Nov.22, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHAT IS TRADEMARK. . .
> protection
> application
> infringement
A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.
When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.
A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.
Such an application needs the information noted in the query form shown on this page.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
Nov.22, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHAT IS TRADEMARK. . .
> protection
> application
> infringement
A trademark is any mark, logo, or phrase that serves to distinguish one source of goods from another.
When a trademark is in actual use in commerce, common law trademark rights can often exist even without a registered trademark. These can be enforced in state courts.
A federally registered trademark can be enforced in federal courts. To get a registered trademark, it is necessary to first file a US Trademark Application.
Such an application needs the information noted in the query form shown on this page.
A trademark search is strongly recommended. Skill is required in interpreting the results, since even identical trademarks can be registered if they are in sufficiently different classes of goods/services.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
Pitt researcher’s work featured by U.S. Patent & Trademark Office
By: Patrick Varine
A University of Pittsburgh researcher was featured in a U.S. Patent & Trademark Office report for patenting a robotic strong arm that can help wheelchair users grab items.
Rory Cooper, who was recognized earlier this year by the office with a trading card created to honor U.S. inventors, holds more than two dozen patents related to mobility-improvement research. Cooper is the director at Pitt’s Human Energy Research Laboratories, a U.S. Army veteran and also serves as director of the Paralyzed Veterans of America Research Foundation.
Cooper was featured for a new patent, a robotic strong arm that aims to help wheelchair users grab items using a robotic attachment.
Cooper is paralyzed from the waist down, the result of being struck by a truck while living in Germany, and began inventing mobility solutions after realizing he was not satisfied with his hospital-issued wheelchair.
Read more >> https://triblive.com/local/pittsburgh-allegheny/pitt-researchers-work-featured-by-u-s-patent-trademark-office/
A University of Pittsburgh researcher was featured in a U.S. Patent & Trademark Office report for patenting a robotic strong arm that can help wheelchair users grab items.
Rory Cooper, who was recognized earlier this year by the office with a trading card created to honor U.S. inventors, holds more than two dozen patents related to mobility-improvement research. Cooper is the director at Pitt’s Human Energy Research Laboratories, a U.S. Army veteran and also serves as director of the Paralyzed Veterans of America Research Foundation.
Cooper was featured for a new patent, a robotic strong arm that aims to help wheelchair users grab items using a robotic attachment.
Cooper is paralyzed from the waist down, the result of being struck by a truck while living in Germany, and began inventing mobility solutions after realizing he was not satisfied with his hospital-issued wheelchair.
Read more >> https://triblive.com/local/pittsburgh-allegheny/pitt-researchers-work-featured-by-u-s-patent-trademark-office/
Why Trademark
By: Michael J Foycik Jr.
Nov.21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHY TRADEMARK. . .
> to sell a business
> to attract investors
> to stop competitors
> to protect a web site domain name
What you can trademark:
> a word, phrase, or slogan
> a logo or design
Competitors can trade on your good name. Unless, that is, you have strong trademark rights. And what rights are those? The best trademark rights would be based on a federally registered trademark.
If you want to protect your company's web site domain name, you will need to be able to prove trademark rights in the name itself. There is no surer way than ownership of a federally registered trademark, which can usually confer nationwide rights.
There are other trademark rights too: state registrations, and common law trademark rights. Those may be very worthwhile too, but may not have national scope.
Common law rights sometimes require proof of instances of actual confusion, but even then there is a question of proving priority, i.e. who was first.
Read more >> http://internationalpatentservice.com/Why-Trademark.html
Nov.21, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
WHY TRADEMARK. . .
> to sell a business
> to attract investors
> to stop competitors
> to protect a web site domain name
What you can trademark:
> a word, phrase, or slogan
> a logo or design
Competitors can trade on your good name. Unless, that is, you have strong trademark rights. And what rights are those? The best trademark rights would be based on a federally registered trademark.
If you want to protect your company's web site domain name, you will need to be able to prove trademark rights in the name itself. There is no surer way than ownership of a federally registered trademark, which can usually confer nationwide rights.
There are other trademark rights too: state registrations, and common law trademark rights. Those may be very worthwhile too, but may not have national scope.
Common law rights sometimes require proof of instances of actual confusion, but even then there is a question of proving priority, i.e. who was first.
Read more >> http://internationalpatentservice.com/Why-Trademark.html
Sunday, November 17, 2019
A very Miami trademark dispute, Project Zero launches in India, and Nike ends Amazon deal: news digest
By: Jonathan Walfisz
Every Tuesday and Friday, WTR presents a round-up of news, developments and insights from across the trademark sphere. In our latest edition, we look at a trademark infringement dispute between milk companies, how a potential change to Instagram could impact DTC brands, how ‘water stewardship’ could boost brand value, an office move for the UKIPO, and much more. Coverage this time from Trevor Little (TL), Bridget Diakun (BD), Jonathan Walfisz (JW) and Tim Lince (TJL).
Market radar:
Potential changes to Instagram may negatively impact DTC brands – Instagram has been testing a new feature in Australia, Ireland and Canada whereby the platform hides ‘likes’ for groups of users. This feature is now being expanded to the US. Although the change is designed to take the pressure off users, as the amount of likes each post receives will no longer be made public, some direct-to-consumer (DTC) brands have expressed concerns that this will harm their businesses and hamper growth potential. Instagram is an important platform for young DTC brands who use it to test their advertising campaigns and grow brand awareness. There is a risk that without ‘likes’ there will be less engagement between brands and their consumers. Mel Wells, founder of DTC swimwear brand Beefcake, said that the removal of likes could be problematic because it acts as a way to legitimise the company and its products for new customers. Others have said that, while challenging, brands will just have to adapt to the changes by focusing on content that drives more conversation and engagement through polls and comments. The test run of this feature is still in the early stages and it remains to be seen if it will be rolled out in other jurisdictions. If it is, it could be a game changer that will force brands to shift their strategy or risk losing exposure on an extremely important social media platform. (BD)
Read more >> https://www.worldtrademarkreview.com/brand-management/very-miami-trademark-lawsuit-project-zero-launches-india-and-nike-ends-amazon
Every Tuesday and Friday, WTR presents a round-up of news, developments and insights from across the trademark sphere. In our latest edition, we look at a trademark infringement dispute between milk companies, how a potential change to Instagram could impact DTC brands, how ‘water stewardship’ could boost brand value, an office move for the UKIPO, and much more. Coverage this time from Trevor Little (TL), Bridget Diakun (BD), Jonathan Walfisz (JW) and Tim Lince (TJL).
Market radar:
Potential changes to Instagram may negatively impact DTC brands – Instagram has been testing a new feature in Australia, Ireland and Canada whereby the platform hides ‘likes’ for groups of users. This feature is now being expanded to the US. Although the change is designed to take the pressure off users, as the amount of likes each post receives will no longer be made public, some direct-to-consumer (DTC) brands have expressed concerns that this will harm their businesses and hamper growth potential. Instagram is an important platform for young DTC brands who use it to test their advertising campaigns and grow brand awareness. There is a risk that without ‘likes’ there will be less engagement between brands and their consumers. Mel Wells, founder of DTC swimwear brand Beefcake, said that the removal of likes could be problematic because it acts as a way to legitimise the company and its products for new customers. Others have said that, while challenging, brands will just have to adapt to the changes by focusing on content that drives more conversation and engagement through polls and comments. The test run of this feature is still in the early stages and it remains to be seen if it will be rolled out in other jurisdictions. If it is, it could be a game changer that will force brands to shift their strategy or risk losing exposure on an extremely important social media platform. (BD)
Read more >> https://www.worldtrademarkreview.com/brand-management/very-miami-trademark-lawsuit-project-zero-launches-india-and-nike-ends-amazon
US & USPTO Trademark
By: Michael J Foycik Jr.
Nov.17, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO TRADEMARK GENERAL INFORMATION
Preparing a US Trademark Application
To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.
A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.
The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
Read more >> http://internationalpatentservice.com/US-USPTO-Trademark.html
Nov.17, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO TRADEMARK GENERAL INFORMATION
Preparing a US Trademark Application
To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.
A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.
The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
Read more >> http://internationalpatentservice.com/US-USPTO-Trademark.html
Tuesday, November 5, 2019
US & USPTO Trademark
By: Michael J Foycik Jr.
Nov. 6, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO TRADEMARK GENERAL INFORMATION
Preparing a US Trademark Application
To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.
A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.
The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
Read more >> http://internationalpatentservice.com/US-USPTO-Trademark.html
Nov. 6, 2019
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
US & USPTO TRADEMARK GENERAL INFORMATION
Preparing a US Trademark Application
To start, the trademark owner will have chosen a word, phrase, or design as their trademark. The trademark is what is applied to the goods or services, and is NOT usually the company’s name. For example, a company named XYZ which sells garments will attach a label to those garments with a trademark such as the fashion designer’s name, and NOT with the name of their company. To claim trademark rights, the symbol “TM” can be used, preferably as a superscript after the trademark. Alternatively it can be written in parentheses after the trademark. Example: If the trademark is “Wise“, it can be written as Wise™.
A US Trademark Lawyer, also called a US Trademark Attorney, can prepare a US Trademark Application for filing with the USPTO. The US Trademark Lawyer will draft a trademark application using a description of the goods/services together with a drawing showing the trademark, where the “drawing“ is often just the typed word in capital letters. That format encompasses all variations of that mark, within the laws pertaining to how marks are used. For example, the typed drawing in all capital letters will encompass an infringing use of the mark in script letters, or as part of a larger drawing.
The draft application is sent to the owner of the trademark, and changes can be made if necessary. We do not add any additional charge for making changes to the application at this stage. When the draft is finalized, the owner signs a form claiming ownership of the trademark application. Once it is filed, it receives a Serial Number and an Official Filing Receipt, and thus becomes an official US Trademark Application.
Read more >> http://internationalpatentservice.com/US-USPTO-Trademark.html
Sunday, September 29, 2019
U.S. Trademark Attorney Advice for Chinese Companies to Get U.S. Trademarks
By: Michael Foycik
Sept.30, 2019
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.
The following is advice from a US attorney, in the field of US Trademark law. From my work assisting companies in China with their US trademark applications, I have the following advice. This may help your company save time, effort, and money.
The main problem is when filing the wrong specimens of use, which can become costly and delay the trademark application. Correct specimens of use are required in US Trademark applications. They are required at the time of initial filing for “actual use” applications, and they are required after allowance in “intent-to-use” applications. The specimen of use should show the trademark attached to the products, or on boxes/packages that contain the products; or on a web site showing the trademark in an actual business. If a web site, ideally there will be an order page.
The description of the goods and services should be specific, as far as possible. It can start with a generic term, followed by one or more specific terms. An example is: “Exercise classes, specifically in the field of stretching and yoga.” The trademark examiner can then more easily accept the description, or alternatively suggest an acceptable version of the description, speeding up the trademark process.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Advice-For-Chinese-Companies-To-Get-US-Trademarks.html
Sept.30, 2019
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.
The following is advice from a US attorney, in the field of US Trademark law. From my work assisting companies in China with their US trademark applications, I have the following advice. This may help your company save time, effort, and money.
The main problem is when filing the wrong specimens of use, which can become costly and delay the trademark application. Correct specimens of use are required in US Trademark applications. They are required at the time of initial filing for “actual use” applications, and they are required after allowance in “intent-to-use” applications. The specimen of use should show the trademark attached to the products, or on boxes/packages that contain the products; or on a web site showing the trademark in an actual business. If a web site, ideally there will be an order page.
The description of the goods and services should be specific, as far as possible. It can start with a generic term, followed by one or more specific terms. An example is: “Exercise classes, specifically in the field of stretching and yoga.” The trademark examiner can then more easily accept the description, or alternatively suggest an acceptable version of the description, speeding up the trademark process.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Advice-For-Chinese-Companies-To-Get-US-Trademarks.html
Thursday, September 26, 2019
Patents, trademarks display UMMC’s innovation
By: Karen Bascom
At the end of the last fiscal year, the U.S. Patent and Trademark Office issued the University of Mississippi Medical Center two patents and a trademark. Combined with record numbers of intellectual property applications and disclosures, these inventions represent the diversity of approaches our faculty take to advancing science and health care.
The Bench
About one in ten people in the U.S. have some form of chronic kidney disease, which kills about 50,000 Americans yearly.
“Currently, there are no effective treatments to reverse the course of chronic kidney disease,” said Dr. Alejandro Chade, professor of physiology and biophysics.
Chade is the co-inventor of a patent that covers the use of an elastin-like polypeptide, or ELP, to deliver drugs to the kidney. This patents also covers the use of a protein that promotes blood vessel growth in order to slow the progression of kidney disease. Chade, who studies vascular diseases, worked with co-inventor Dr. Gene Bidwell, associate professor of neurology, to create the drug delivery system.
Read more >> https://www.umc.edu/news/News_Articles/2019/09/Patents-and-Trademarks.html
At the end of the last fiscal year, the U.S. Patent and Trademark Office issued the University of Mississippi Medical Center two patents and a trademark. Combined with record numbers of intellectual property applications and disclosures, these inventions represent the diversity of approaches our faculty take to advancing science and health care.
The Bench
About one in ten people in the U.S. have some form of chronic kidney disease, which kills about 50,000 Americans yearly.
“Currently, there are no effective treatments to reverse the course of chronic kidney disease,” said Dr. Alejandro Chade, professor of physiology and biophysics.
Chade is the co-inventor of a patent that covers the use of an elastin-like polypeptide, or ELP, to deliver drugs to the kidney. This patents also covers the use of a protein that promotes blood vessel growth in order to slow the progression of kidney disease. Chade, who studies vascular diseases, worked with co-inventor Dr. Gene Bidwell, associate professor of neurology, to create the drug delivery system.
Read more >> https://www.umc.edu/news/News_Articles/2019/09/Patents-and-Trademarks.html
Tuesday, September 24, 2019
U.S. TRADEMARK ATTORNEY CHECKLIST FOR CHINESE COMPANIES TO GET U.S. TRADEMARKS
By: Michael Foycik
Sept.25, 2019
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.
The following is advice from a US attorney, in the field of US Trademark law, who has helped Chinese companies get registered US Trademarks. This is a short list of the main things to do to file a U.S. Trademark application to obtain a U.S. Trademark.
> You must have a U.S. Attorney licensed in the U.S., as of August 3, 2019. If you need assistance with this, please inquire using the contact information below.
> Ask your U.S. Attorney to perform a search of the existing trademarks, to see if there are any conflicting trademarks. An informal search is done online, at little or no cost. A formal search can be better, but will cost more.
> Provide a specimen of use, such as a label showing the trademark, or a page on a web site showing ordering information along with the trademark.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Checklist-For-Chinese-Companies-To-Get-US-Trademarks.html
Sept.25, 2019
The author is a trademark attorney in Washington DC who helps Chinese companies register their trademarks in the US. The author has over 28 years experience in trademarks, trademark applications, and trademark appeals. For further information, please email at mjfoycik@gmail.com, or call at 877-654-3336.
The following is advice from a US attorney, in the field of US Trademark law, who has helped Chinese companies get registered US Trademarks. This is a short list of the main things to do to file a U.S. Trademark application to obtain a U.S. Trademark.
> You must have a U.S. Attorney licensed in the U.S., as of August 3, 2019. If you need assistance with this, please inquire using the contact information below.
> Ask your U.S. Attorney to perform a search of the existing trademarks, to see if there are any conflicting trademarks. An informal search is done online, at little or no cost. A formal search can be better, but will cost more.
> Provide a specimen of use, such as a label showing the trademark, or a page on a web site showing ordering information along with the trademark.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Checklist-For-Chinese-Companies-To-Get-US-Trademarks.html
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