By: MICHAEL KAY
As an entrepreneur it’s important to understand the concept of intellectual theft – the act of using without permission, or stealing someone’s else intellectual property. Intellectual property (IP) can be defined as any new method, a commercial or any distinctive creation that has economic value, or any unique mark which can include a logo, symbol, or a name that is used for commercial practices.
This kind of property includes ideas that are protected by copyrights, patents, trademarks, and trade secret laws. Logos, poems, mechanical inventions, client lists, and other items can all be covered under intellectual property.
Intellectual property is protected by copyrights on creative pursuits for instance poems, photos, and music; trademarks for branded products or commercial marks; and patents for inventions. IP is protected under federal and state laws.
How to know when IP Theft has occurred
Intellectual property theft happens when an individual knowingly steals, takes, or misappropriates property that falls under the protection of laws around IP. For instance, in case someone copies a logo that belongs to another company with full knowledge that the logo belongs to someone else – this can be considered as IP theft. For it to qualify as IP theft, the IP normally has to be used without the owner’s consent.
Another classic example of intellectual property theft is when a restaurant employee steals a secret recipe of a particular item on the menu, and then goes ahead and uses the same recipe to cook food in another restaurant.
When you become a victim of IP theft
In case your IP is stolen or used without your permission, there are a number of paths that you can take:
Usually, the first step is to ask the individual who stole or is using the intellectual property without your permission to stop. It is possible that the individual committed the IP theft without intending to do so. In this particular case, they will immediately stop using your intellectual property or even agree to pay for it.
If you ask someone to stop using the work, and he/she fails to listen, you can take legal action. Even if you don’t intend to sue the individual who stole your IP, the threat of a lawsuit from a business litigation lawyer is generally motivation enough for someone to stop using your IP.
Why does IP theft occur?
IP theft is cheap, easy, and quick to commit. All that needs to happen for a thief to steal your IP is just to copy your product, idea or work. Usually, you might not even know your has been stolen. Since someone else has done all the heavy lifting, the thief benefits from your work without breaking a sweat.
It is possible that IP thieves will benefit financially from the theft. This profit loss can affect you deeper than just a simple theft. It is possible that the theft of their IP will result in damages to your business and reputation.
Types of intellectual property
Since there are numerous types of IP, there also different kinds of IP theft. The kind of IP that has been stolen will determine the rights you have while prosecuting IP theft.
Trade secrets
A trade secret is a piece of information which is valuable to a business, but not usually known. This particular material is kept private to preserve its economic value.
Patented material
A patent is granted for any new invention. There are three kinds of patents: plant, design, and utility.
Trademarked material
Material that can be trademarked is very limited. The only type of materials that can be trademarked are designs, phrases, symbols, and words which identify a brand.
Copyrighted material
This is material which is fixed in a tangible medium and is an expression of creativity. This can include books, software, paintings, photographs, and poems.
Read More >> http://yfsmagazine.com/2018/11/05/is-your-intellectual-property-protected/
Sunday, November 11, 2018
Saturday, November 10, 2018
What is Infringement
By: Michael J Foycik Jr.
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.
There are three main types:
>> trademark infringement
>> patent infringement
>> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Some common questions are: what kind of damages can be awarded; how much does a trademark infringement lawsuit cost; what kinds of risks exist.
Go to Top
Patent Infringement
Patent infringement is determined by comparing a product, service, or method to the claims of an issued patent. The claims are interpreted with regard to the specification of the patent, and there is at least some enlargement of the claims to encompass more than what the patent shows (called the “penumbra” of the claims by various Supreme Court decisions.
Various defenses may exist to patent infringement. For example, the accused product or method may be based on an expired patent even if owned by another; or the claims may be invalid; or the accused infringer may actually have prior rights.
Contact us if you are concerned about any patent infringement matter, for a free initial consultation. There is no risk or obligation.
Some common questions are: what kind of damages can be awarded; how much does a patent infringement lawsuit cost; what kinds of risks exist.
Read More >> http://internationalpatentservice.com/What-is-Infringement.html
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.
There are three main types:
>> trademark infringement
>> patent infringement
>> copyright infringement
Trademark Infringement
This occurs when one party uses a trademark that is confusingly close to a trademark owned by another. It is simple to decide in cases where one party has a registered federal trademark and is the senior user.
A federal trademark confers nationwide rights, and can be enforced in federal courts. A non-registered trademark may nonetheless confer common law trademark rights. Common law trademark rights are enforced in state courts.
It can sometimes be that simple, and trials tend to be relatively short. Often, however, the situation is not clear, and sometimes – especially where both trademarks are common law trademarks and are not federally registered - it is hard to determine who is the senior user. In those cases, it can also be hard to tell whether or not the senior user's rights are substantial enough to stop a competitor.
Contact us if you are concerned about any trademark infringement matter, for a free initial consultation. There is no risk or obligation.
Some common questions are: what kind of damages can be awarded; how much does a trademark infringement lawsuit cost; what kinds of risks exist.
Go to Top
Patent Infringement
Patent infringement is determined by comparing a product, service, or method to the claims of an issued patent. The claims are interpreted with regard to the specification of the patent, and there is at least some enlargement of the claims to encompass more than what the patent shows (called the “penumbra” of the claims by various Supreme Court decisions.
Various defenses may exist to patent infringement. For example, the accused product or method may be based on an expired patent even if owned by another; or the claims may be invalid; or the accused infringer may actually have prior rights.
Contact us if you are concerned about any patent infringement matter, for a free initial consultation. There is no risk or obligation.
Some common questions are: what kind of damages can be awarded; how much does a patent infringement lawsuit cost; what kinds of risks exist.
Read More >> http://internationalpatentservice.com/What-is-Infringement.html
Monday, November 5, 2018
Types of Intellectual Property Protection You Can Use To Protect Your Idea
By: Steven Njenga
Intellectual Property protection (IP protection) is a means for preserving the integrity of inventions, literary and artistic works, symbols, designs and images created by the mind (intellect). Both entrepreneurs and business owners need to understand how IP law works in order to best protect their creations and ideas from being stolen by others. Be sure to speak with an intellectual property attorney to get the most thorough information possible in order avoid theft of your ideas.
Because filing Intellectual Property applications is time-intensive (and costly if filed incorrectly), you will need to determine what type of IP protection you need for your creation. There are four types of IP protection: patents, trademarks, trade secrets and copyrights. An invention can have one or more of these forms of protection at a time. Take a bottle of Coca-Cola ® as an example. The brand (Coca-Cola®) is a registered trademark. The formula is a trade secret. The graphic design is protected by copyright, while the shape of the bottle itself is protected by both a design patent and a trademark.
Patents
A patent sets properly rights on an invention allowing the patent holder to prevent others from making selling or using the invention. Patents allow businesses to succeed by using the new and improved processes or products to give them an edge over their competitors in the market place. To obtain patents and patent plaques, you will need to file an application with the U.S. Patent and Trademark Office.
There are three types of patents: utility, design and plant. A utility patent is the most common type of patent and covers processes, machines and compositions, along with any improvements to said article. In order to qualify for a utility patent, the invention must be:
> Unique and not known by anyone else
> Not obvious to anyone having standard skills in the industry
> Have some form of usefulness
In order to let your competitors know that your product is in the process of being patented, you can file for a provincial utility patent that allows you to use the words “patent pending” until your full utility patent is active.
Design patents cover new and improved designs for any manufactured article. In order to file for a design patent, you will need to submit detailed drawings from all sides of the object along with a specific description.
A plant patent is applied to new strains of asexually reproduced plants, meaning that they were reproduced by budding or grafting onto a pre-existing species. Any new plant not derived from a tuber or from the wild can receive a pant patent. Both plant and utility patents last for 20 years, while design patents last for 14 years.
If you have patent protection on your products, you can legally prosecute anyone who copies your design, invention or discovery. If you fail to file for patent protection on your products within in a 12-month period of releasing it to the public, you will lose the opportunity to obtain a patent forever.
Read More >> https://www.techiexpert.com/types-of-intellectual-property-protection-you-can-use-to-protect-your-idea/
Intellectual Property protection (IP protection) is a means for preserving the integrity of inventions, literary and artistic works, symbols, designs and images created by the mind (intellect). Both entrepreneurs and business owners need to understand how IP law works in order to best protect their creations and ideas from being stolen by others. Be sure to speak with an intellectual property attorney to get the most thorough information possible in order avoid theft of your ideas.
Because filing Intellectual Property applications is time-intensive (and costly if filed incorrectly), you will need to determine what type of IP protection you need for your creation. There are four types of IP protection: patents, trademarks, trade secrets and copyrights. An invention can have one or more of these forms of protection at a time. Take a bottle of Coca-Cola ® as an example. The brand (Coca-Cola®) is a registered trademark. The formula is a trade secret. The graphic design is protected by copyright, while the shape of the bottle itself is protected by both a design patent and a trademark.
Patents
A patent sets properly rights on an invention allowing the patent holder to prevent others from making selling or using the invention. Patents allow businesses to succeed by using the new and improved processes or products to give them an edge over their competitors in the market place. To obtain patents and patent plaques, you will need to file an application with the U.S. Patent and Trademark Office.
There are three types of patents: utility, design and plant. A utility patent is the most common type of patent and covers processes, machines and compositions, along with any improvements to said article. In order to qualify for a utility patent, the invention must be:
> Unique and not known by anyone else
> Not obvious to anyone having standard skills in the industry
> Have some form of usefulness
In order to let your competitors know that your product is in the process of being patented, you can file for a provincial utility patent that allows you to use the words “patent pending” until your full utility patent is active.
Design patents cover new and improved designs for any manufactured article. In order to file for a design patent, you will need to submit detailed drawings from all sides of the object along with a specific description.
A plant patent is applied to new strains of asexually reproduced plants, meaning that they were reproduced by budding or grafting onto a pre-existing species. Any new plant not derived from a tuber or from the wild can receive a pant patent. Both plant and utility patents last for 20 years, while design patents last for 14 years.
If you have patent protection on your products, you can legally prosecute anyone who copies your design, invention or discovery. If you fail to file for patent protection on your products within in a 12-month period of releasing it to the public, you will lose the opportunity to obtain a patent forever.
Read More >> https://www.techiexpert.com/types-of-intellectual-property-protection-you-can-use-to-protect-your-idea/
Sunday, November 4, 2018
The AIA And Its Impact On The Independent Inventor
By: Michael J Foycik Jr.
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.
The AIA And Its Impact On The Independent Inventor
By Michael Foycik ©2011
Used with permission.
The Leahy-Smith America Invents Act, AIA for short, proposes sweeping changes to the U.S. Patent legal system and to the U.S. Patent Office itself. The “first to file” provision is of the greatest importance to independent inventors. Most of the other changes are, more or less, administrative in nature, and will be covered in future articles. This article takes a brief look at the issues affecting the independent inventor, and especially the “first to file“ provision of the AIA.
Simply put, the “first to file” law would mean whoever is first to file a patent application will be deemed the true inventor. Sounds simple, but the law also provides for a possible “derivation proceeding” which would have a very limited scope.
What does this mean for the independent inventor? For one thing, it means even the best confidentiality agreements and NDAs (non-disclosure agreements) will have questionable value. It will be difficult, and very costly, to contest inventorship under the AIA. How costly? It depends, but even now the costs of contesting inventorship may be out of reach of most independent inventors; under the AIA, far greater hurdles will exist, and the cost will be higher.
Under the AIA, independent inventors would be well advised to first file a patent application (provisional or utility, either will suffice) before showing the invention to anyone.
This is already my recommendation to inventors: file a patent application first! Do this before you show it. Do not trust in agreements or contracts to protect your rights. Too costly, you say? Not true! A provisional patent application is very cost effective, gives substantial rights, and the government filing fee is relatively low. And, if you can’t afford the government filing fee, there are even some work-around solutions for that, which I may write about in a future article.
Under the current law, any two conflicting patent applications can, in theory, be placed into an “interference proceeding” to determine which inventor should have the rights of both conflicting applications. Those proceedings are expensive, and fairly rare. Even so, the existence of such interference proceedings has one beneficial effect: it discourages “ripping off” (e.g., misappropriation) of inventions. Such “interference” proceedings will be a thing of the past under the AIA.
Read More >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html
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.
The AIA And Its Impact On The Independent Inventor
By Michael Foycik ©2011
Used with permission.
The Leahy-Smith America Invents Act, AIA for short, proposes sweeping changes to the U.S. Patent legal system and to the U.S. Patent Office itself. The “first to file” provision is of the greatest importance to independent inventors. Most of the other changes are, more or less, administrative in nature, and will be covered in future articles. This article takes a brief look at the issues affecting the independent inventor, and especially the “first to file“ provision of the AIA.
Simply put, the “first to file” law would mean whoever is first to file a patent application will be deemed the true inventor. Sounds simple, but the law also provides for a possible “derivation proceeding” which would have a very limited scope.
What does this mean for the independent inventor? For one thing, it means even the best confidentiality agreements and NDAs (non-disclosure agreements) will have questionable value. It will be difficult, and very costly, to contest inventorship under the AIA. How costly? It depends, but even now the costs of contesting inventorship may be out of reach of most independent inventors; under the AIA, far greater hurdles will exist, and the cost will be higher.
Under the AIA, independent inventors would be well advised to first file a patent application (provisional or utility, either will suffice) before showing the invention to anyone.
This is already my recommendation to inventors: file a patent application first! Do this before you show it. Do not trust in agreements or contracts to protect your rights. Too costly, you say? Not true! A provisional patent application is very cost effective, gives substantial rights, and the government filing fee is relatively low. And, if you can’t afford the government filing fee, there are even some work-around solutions for that, which I may write about in a future article.
Under the current law, any two conflicting patent applications can, in theory, be placed into an “interference proceeding” to determine which inventor should have the rights of both conflicting applications. Those proceedings are expensive, and fairly rare. Even so, the existence of such interference proceedings has one beneficial effect: it discourages “ripping off” (e.g., misappropriation) of inventions. Such “interference” proceedings will be a thing of the past under the AIA.
Read More >> http://internationalpatentservice.com/The-Aia-And-Its-Impact-On-The-Independent-Inventor.html
Thursday, November 1, 2018
Copyright, Trademark, Patent, or License? Understanding the Differences
By: Jeff Carson
Copyrights, trademarks, patents, and licenses are each a different form of intellectual property (IP) rights protection recognized by U.S. law. The distinctions among them can be subtle and often the same product or service may involve more than one of these IP rights. How can you tell them apart when deciding how to protect your company’s assets? Here’s how.
Copyrights
Copyright protects the rights of “authors” in their original creative works. Copyrightable works include artistic creations, like novels, paintings, films, and songs, but also business-related works like software code, website designs, architectural drawings, marketing reports, and product manuals.
The author of a copyrighted work has the exclusive right to:
> Reproduce (print or copy), publish, perform, display, film and/or record the creative content.
> Create derivative works from the original work (for example, updates, revisions, summaries, translations, and adaptations).
Post a Job
Copyright protection arises automatically at the time the work is fixed in tangible form, either directly or through use of a machine, like a computer or movie projector. Copyrights have a term equal to the life of the author plus 70 years. If a company is the owner of the copyright, it has a term equal to 95 years after the date the work is first made public.
Copyrighted works can be registered with the U.S. Copyright Office. Registration is optional but highly recommended. Registration provides legal benefits to the author, including the ability to enforce the copyright against infringers in court. Copyrighted works (registered and unregistered) can display the © symbol to provide notice that the author considers the work to be protected by copyright.
Trademarks
A trademark is a symbol, word, slogan, design, color, or logo that identifies the source of a product or service, and distinguishes it from those made or provided by others. Trademarks can represent:
> The product or service itself (ex. iPhone)
> A feature or element of the product or service (ex. FaceTime)
> The manufacturer or provider of the product or service (ex. Apple).
A “service mark” is a trademark that identifies a service instead of a tangible product.
The owner of a trademark has the right to prevent infringers from unfairly competing with the owner by using marks that are “confusingly similar.” In the United States, trademark rights can arise in two ways:
> Automatically by use of the trademark in the marketplace in connection with a product or service (“common law” or unregistered trademarks).
> By registration of the trademark with the U.S. Patent and Trademark Office (PTO) (“registered” trademarks).
Get a free proposal from Jeff
Although not required by law, registering a trademark with the PTO confers many benefits on the trademark owner. For example, a U.S. trademark registration gives the owner nationwide rights to use the mark in connection with the goods and services included in the registration. Common law trademarks only create rights in the specific geographic territories where the owner is actually using it.
Common law trademarks can be used with the ℠ or ™ symbols. Registered trademarks can be used with the ® symbol. Both types of trademarks are valid so long as your business continues to use them. However, registered trademarks must be renewed periodically with the PTO.
Patents
Patents protect the rights of inventors. A patent is a 20-year exclusive property right granted by the PTO for an invention.
A patent entitles you to exclude others from making, using, or selling your invention. Once your patent is issued, you have an obligation to enforce it against unauthorized third parties violating your rights. If you don’t, a court can declare your patent “abandoned” and unenforceable.
Most patents are utility patents that protect “any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.” To obtain a utility patent, you will need to prove to the PTO, through claims in your patent application, that your invention is useful, novel and non-obvious. Other types of patents often sought by businesses include:
> Design patents, which concern “new, original, and ornamental design embodied in or applied to an article of manufacture” not affecting the article’s function;
> Business method patents, which protect new methods of doing business, such as those used in banking, tax compliance and e-commerce, for example; and
> Plant patents, which protect invented or discovered asexually reproduced plants that are new and distinct.
Read More >> https://www.upcounsel.com/blog/copyright-trademark-patent-license-understanding-differences
Copyrights, trademarks, patents, and licenses are each a different form of intellectual property (IP) rights protection recognized by U.S. law. The distinctions among them can be subtle and often the same product or service may involve more than one of these IP rights. How can you tell them apart when deciding how to protect your company’s assets? Here’s how.
Copyrights
Copyright protects the rights of “authors” in their original creative works. Copyrightable works include artistic creations, like novels, paintings, films, and songs, but also business-related works like software code, website designs, architectural drawings, marketing reports, and product manuals.
The author of a copyrighted work has the exclusive right to:
> Reproduce (print or copy), publish, perform, display, film and/or record the creative content.
> Create derivative works from the original work (for example, updates, revisions, summaries, translations, and adaptations).
Post a Job
Copyright protection arises automatically at the time the work is fixed in tangible form, either directly or through use of a machine, like a computer or movie projector. Copyrights have a term equal to the life of the author plus 70 years. If a company is the owner of the copyright, it has a term equal to 95 years after the date the work is first made public.
Copyrighted works can be registered with the U.S. Copyright Office. Registration is optional but highly recommended. Registration provides legal benefits to the author, including the ability to enforce the copyright against infringers in court. Copyrighted works (registered and unregistered) can display the © symbol to provide notice that the author considers the work to be protected by copyright.
Trademarks
A trademark is a symbol, word, slogan, design, color, or logo that identifies the source of a product or service, and distinguishes it from those made or provided by others. Trademarks can represent:
> The product or service itself (ex. iPhone)
> A feature or element of the product or service (ex. FaceTime)
> The manufacturer or provider of the product or service (ex. Apple).
A “service mark” is a trademark that identifies a service instead of a tangible product.
The owner of a trademark has the right to prevent infringers from unfairly competing with the owner by using marks that are “confusingly similar.” In the United States, trademark rights can arise in two ways:
> Automatically by use of the trademark in the marketplace in connection with a product or service (“common law” or unregistered trademarks).
> By registration of the trademark with the U.S. Patent and Trademark Office (PTO) (“registered” trademarks).
Get a free proposal from Jeff
Although not required by law, registering a trademark with the PTO confers many benefits on the trademark owner. For example, a U.S. trademark registration gives the owner nationwide rights to use the mark in connection with the goods and services included in the registration. Common law trademarks only create rights in the specific geographic territories where the owner is actually using it.
Common law trademarks can be used with the ℠ or ™ symbols. Registered trademarks can be used with the ® symbol. Both types of trademarks are valid so long as your business continues to use them. However, registered trademarks must be renewed periodically with the PTO.
Patents
Patents protect the rights of inventors. A patent is a 20-year exclusive property right granted by the PTO for an invention.
A patent entitles you to exclude others from making, using, or selling your invention. Once your patent is issued, you have an obligation to enforce it against unauthorized third parties violating your rights. If you don’t, a court can declare your patent “abandoned” and unenforceable.
Most patents are utility patents that protect “any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.” To obtain a utility patent, you will need to prove to the PTO, through claims in your patent application, that your invention is useful, novel and non-obvious. Other types of patents often sought by businesses include:
> Design patents, which concern “new, original, and ornamental design embodied in or applied to an article of manufacture” not affecting the article’s function;
> Business method patents, which protect new methods of doing business, such as those used in banking, tax compliance and e-commerce, for example; and
> Plant patents, which protect invented or discovered asexually reproduced plants that are new and distinct.
Read More >> https://www.upcounsel.com/blog/copyright-trademark-patent-license-understanding-differences
Wednesday, October 31, 2018
US & USPTO Trademark
By: Michael J Foycik Jr.
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.
At some point in this process, it is advisable but not necessary to perform a US trademark search. The US trademark search can find prior art trademarks that show the extent of the closest prior marks and whether the mark has been registered at an earlier time. If an expired trademark is discovered which is very close to the application, then that expired trademark might or might not mean the mark is available to other applicants. If a pending US Trademark Registration covers the mark and is in the same or similar field of goods as the applicant’s mark, then it is possible that infringement could occur. It is important to know if a product or service might infringe an existing unexpired US Trademark Registration. If no USPTO registration exists which covers the trademar, then it is possible that the trademark can be registered. As noted above, it is not necessary to conduct a trademark search prior to filing a new trademark application.
The Role of the US Trademark Office in Examining the Trademark Application
The US Trademark Application is examined in due course by a trademark examining attorney. The US trademark examining attorney will usually be an expert in the particular class of goods or services in which the trademark resides. The US trademark examining attorney will conduct a US Trademark search of the prior trademark literature, and will make a search report and send it to the applicant along with a first Office Action on the merits.
If an application is finally rejected, that rejection can be appealed. In that case, it is taken up for review by a board of appellate examiners. Each appellate examiner is likely to be a USPTO Trademark Attorney or USPTO Trademark Lawyer. If the appeal is refused, it can be taken further to a US District Court, in which case the USPTO is represented by the Solicitor’s Office. In that case, the Solicitor in Court will be a USPTO Trademark Lawyer or USPTO Trademark Attorney. Such higher appeals are not frequent, but are more likely to occur when the trademark is particularly valuable.
The Role of the US Trademark Attorney in the Examination Process
The US Trademark Attorney or US Trademark Lawyer considers the Office Actions received from the USPTO, and transmits the Office Action to the applicant along with any advice or comments on how to respond. The US Trademark Attorney or US Trademark Lawyer then responds to the Office Action, usually by providing legal arguments in support of registrability.
Read More >> http://internationalpatentservice.com/US-USPTO-Trademark.html
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.
At some point in this process, it is advisable but not necessary to perform a US trademark search. The US trademark search can find prior art trademarks that show the extent of the closest prior marks and whether the mark has been registered at an earlier time. If an expired trademark is discovered which is very close to the application, then that expired trademark might or might not mean the mark is available to other applicants. If a pending US Trademark Registration covers the mark and is in the same or similar field of goods as the applicant’s mark, then it is possible that infringement could occur. It is important to know if a product or service might infringe an existing unexpired US Trademark Registration. If no USPTO registration exists which covers the trademar, then it is possible that the trademark can be registered. As noted above, it is not necessary to conduct a trademark search prior to filing a new trademark application.
The Role of the US Trademark Office in Examining the Trademark Application
The US Trademark Application is examined in due course by a trademark examining attorney. The US trademark examining attorney will usually be an expert in the particular class of goods or services in which the trademark resides. The US trademark examining attorney will conduct a US Trademark search of the prior trademark literature, and will make a search report and send it to the applicant along with a first Office Action on the merits.
If an application is finally rejected, that rejection can be appealed. In that case, it is taken up for review by a board of appellate examiners. Each appellate examiner is likely to be a USPTO Trademark Attorney or USPTO Trademark Lawyer. If the appeal is refused, it can be taken further to a US District Court, in which case the USPTO is represented by the Solicitor’s Office. In that case, the Solicitor in Court will be a USPTO Trademark Lawyer or USPTO Trademark Attorney. Such higher appeals are not frequent, but are more likely to occur when the trademark is particularly valuable.
The Role of the US Trademark Attorney in the Examination Process
The US Trademark Attorney or US Trademark Lawyer considers the Office Actions received from the USPTO, and transmits the Office Action to the applicant along with any advice or comments on how to respond. The US Trademark Attorney or US Trademark Lawyer then responds to the Office Action, usually by providing legal arguments in support of registrability.
Read More >> http://internationalpatentservice.com/US-USPTO-Trademark.html
Tuesday, October 30, 2018
10 Avoidable Mistakes That Could Doom Your Startup
By: Mark Glucki
90% of startups fail. It’s a new world of business, and only the strongest new companies will survive. So how do you avoid startup doom?
Sometimes failure comes down to sheer bad luck or influences beyond an entrepreneur’s control, but in many cases, it can come down to the same simple mistakes that companies make time and time again.
Here are 10 common errors to avoid if you want your business to last the distance.
1. Inadequate Market Research
It doesn’t matter how remarkable you think your product is if the market doesn’t agree with you. Very few startups offer an innovation that can truly revolutionize a space, so before you spend significant money on development and marketing, be sure your market research is up to scratch. Don’t waste time and resources on a white elephant with no demand.
2. Insufficient Startup Funding
All startups need to have a realistic plan for how they’ll operate until revenue starts to flow reliably. Almost always, this means having sufficient initial funding in place to see you through the first lean months or years, whether that’s through your own investment or via a third party funding partner.
3. Unsuitable Partner Choice
As vital as funding is, it’s a mistake to go into business with a partner just because of the capital they can inject. For long-term success, you also need to have a matching vision, common aims, and complementary skill sets.
4. Poor Customer Care
If gaining and retaining customers isn’t your number one aim, your company will struggle to develop any momentum. Providing great customer care and an excellent experience is a non-negotiable requirement for success.
5. Ignoring Revenue Needs
Especially in tech sectors, it seems fashionable for startups to focus on building a product range and a user base while leaving revenue worries until later. This rarely works out well. If you don’t have a strong, actionable idea about how you’ll generate revenue as you grow, gaining more customers could actually be a fast route to failure as your costs quickly outstrip your income.
6. Poor Budget Control
Never let costs get out of control in your quest for growth. Losing sight of the importance of healthy cash flow is a big mistake — no matter how many other metrics you use to measure success. Unless you have investors with extremely deep pockets (who aren’t focused on ROI), you need to keep a steady eye on the bottom line.
7. Getting Overly Enthusiastic
Hopefully, your startup will be a rapid success, but it’s all too common for entrepreneurs to become too enthusiastic at the first signs of substantial profit. It’s important to keep a level head, press on with your strategy, and continue making sensible business decisions rather than letting that enthusiasm get the better of you.
8. Poor Hiring or Collaboration
There is a common image of a lone wolf or maverick entrepreneur, but the truth is that any successful business relies on hiring high-quality staff and working with skilled third parties when necessary. Trying to do everything yourself isn’t the best use of your entrepreneurial talents.
On the flip side, if it’s not working out with a staff member or third party relationship, you should have no qualms about rectifying the situation before too much damage is done.
9. Fear of Delegation
Once you have high-caliber staff in place, you need to trust them to do their jobs. Many driven entrepreneurs struggle with delegation, but it’s essential for serious growth. If you constantly micromanage your staff, expansion is limited by the number of hours you can put in personally.
10. Lack of IP Protection
Lastly, in the rush for growth, many businesses fail to properly protect their intellectual property. Patents, trademarks and copyrights are all essential. If others can replicate the core aspects of your business without any legal barriers, you can be sure that someone with deeper pockets or a larger existing customer base will eventually move into your space.
If you have the entrepreneurial frame of mind and a winning business idea, it can be tempting to go full throttle towards growth and success. However, it’s vital to learn from the mistakes of others and take a little care along the way. Avoid these common errors and you’ll stand a much better chance of being in business for the long haul.
Source >> https://liquidcapitalcorp.com/business-growth/10-avoidable-mistakes-that-could-doom-your-startup/
90% of startups fail. It’s a new world of business, and only the strongest new companies will survive. So how do you avoid startup doom?
Sometimes failure comes down to sheer bad luck or influences beyond an entrepreneur’s control, but in many cases, it can come down to the same simple mistakes that companies make time and time again.
Here are 10 common errors to avoid if you want your business to last the distance.
1. Inadequate Market Research
It doesn’t matter how remarkable you think your product is if the market doesn’t agree with you. Very few startups offer an innovation that can truly revolutionize a space, so before you spend significant money on development and marketing, be sure your market research is up to scratch. Don’t waste time and resources on a white elephant with no demand.
2. Insufficient Startup Funding
All startups need to have a realistic plan for how they’ll operate until revenue starts to flow reliably. Almost always, this means having sufficient initial funding in place to see you through the first lean months or years, whether that’s through your own investment or via a third party funding partner.
3. Unsuitable Partner Choice
As vital as funding is, it’s a mistake to go into business with a partner just because of the capital they can inject. For long-term success, you also need to have a matching vision, common aims, and complementary skill sets.
4. Poor Customer Care
If gaining and retaining customers isn’t your number one aim, your company will struggle to develop any momentum. Providing great customer care and an excellent experience is a non-negotiable requirement for success.
5. Ignoring Revenue Needs
Especially in tech sectors, it seems fashionable for startups to focus on building a product range and a user base while leaving revenue worries until later. This rarely works out well. If you don’t have a strong, actionable idea about how you’ll generate revenue as you grow, gaining more customers could actually be a fast route to failure as your costs quickly outstrip your income.
6. Poor Budget Control
Never let costs get out of control in your quest for growth. Losing sight of the importance of healthy cash flow is a big mistake — no matter how many other metrics you use to measure success. Unless you have investors with extremely deep pockets (who aren’t focused on ROI), you need to keep a steady eye on the bottom line.
7. Getting Overly Enthusiastic
Hopefully, your startup will be a rapid success, but it’s all too common for entrepreneurs to become too enthusiastic at the first signs of substantial profit. It’s important to keep a level head, press on with your strategy, and continue making sensible business decisions rather than letting that enthusiasm get the better of you.
8. Poor Hiring or Collaboration
There is a common image of a lone wolf or maverick entrepreneur, but the truth is that any successful business relies on hiring high-quality staff and working with skilled third parties when necessary. Trying to do everything yourself isn’t the best use of your entrepreneurial talents.
On the flip side, if it’s not working out with a staff member or third party relationship, you should have no qualms about rectifying the situation before too much damage is done.
9. Fear of Delegation
Once you have high-caliber staff in place, you need to trust them to do their jobs. Many driven entrepreneurs struggle with delegation, but it’s essential for serious growth. If you constantly micromanage your staff, expansion is limited by the number of hours you can put in personally.
10. Lack of IP Protection
Lastly, in the rush for growth, many businesses fail to properly protect their intellectual property. Patents, trademarks and copyrights are all essential. If others can replicate the core aspects of your business without any legal barriers, you can be sure that someone with deeper pockets or a larger existing customer base will eventually move into your space.
If you have the entrepreneurial frame of mind and a winning business idea, it can be tempting to go full throttle towards growth and success. However, it’s vital to learn from the mistakes of others and take a little care along the way. Avoid these common errors and you’ll stand a much better chance of being in business for the long haul.
Source >> https://liquidcapitalcorp.com/business-growth/10-avoidable-mistakes-that-could-doom-your-startup/
Subscribe to:
Posts (Atom)
