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 how there has been a significant trademark filings drop from China to the US, how UK politicians continue to use major brands on social media, looking at a possible agreement on IP rights between the US and India, and much more. Coverage this time from Trevor Little (TL), Bridget Diakun (BD), Jonathan Walfisz (JW) and Tim Lince (TJL).
Market radar:
CCFN calls for strong stance on GIs – In testimony before the Office of the US Trade Representative (USTR) this week, the Consortium for Common Food Names (CCFN) has called on the administration to secure "firm and explicit commitments" with trading partners to assure the future use of "specific generic food and beverage names targeted by EU monopolisation efforts, and to reject the use of GIs as barriers to trade". CCFN senior director Shawna Morris testified: "There is a persistent push by the European Union and other European interests to dismantle competition and erect barriers to trade which must be more strongly combatted. Across all markets, but particularly those with which the United States has a free trade agreement or is in the process of pursuing a free trade agreement, we urge the administration to secure explicit commitments from our trading partners that build upon the positive precedent established in the US-Mexico-Canada Agreement (USMCA) whereby market access rights were clearly and definitively affirmed for a non-exhaustive list of common used product terms." Morris said the list of common terms in the USMCA was the type of tool that "should be carried forward aggressively by the administration in order to safeguard our World Trade Organization and free trade agreement market access rights in the strongest manner possible." CCFN provided written and oral testimony as the USTR prepares its annual Special 301 Report, expected to be released in the coming months. The call serves as a reminder of how GIs have become the key IP battleground in trade negotiations around the world. (TL)
Read more >> https://www.worldtrademarkreview.com/brand-management/best-response-trademark-invoice-scam-new-uk-ip-minister-calls-strong-gi-stance
Showing posts with label Trademark. Show all posts
Showing posts with label Trademark. Show all posts
DOES YOUR ETSY SHOP NEED A TRADEMARK, PATENT, OR COPYRIGHT? BY @DEBORAHSWEENEY
By: Deborah Sweeney
You’d be hard pressed to meet an entrepreneurially-minded woman who doesn’t consider Etsy to be an incredible haven for business. 88% of all Etsy sellers are women, according to the site’s November 2013 progress report, and 74% of sellers consider their Etsy shop to be a legitimate small business. And, because so many owners see their Etsy shop as a legitimate business, one of the most common questions they have is whether they need to protect their intellectual property with a trademark, patent, or copyright. I always recommend new small business owners err on the side of caution when it comes to IP protection, so if you are thinking about registering a mark or filing a patent but aren’t sure where to start, ask yourself the following questions.
Do you need to protect your logo or branding?
Then you should register a trademark. Now, you have the rights to a mark the minute you start using a unique logo, word, phrase, symbol, design, or any sort of branding, to distinguish yourself from your competitors. Technically, you don’t have to register a mark in order to claim it. However, if you don’t register a trademark with the USPTO, you may find it a difficult to enforce your rights to that mark, especially if the infringing party is outside of your home state. Etsy is a huge site, with international sellers and domestic shops from all fifty states. If your business is picking up, it would be a smart move to trademark your logo or branding before someone steals it so you can enforce your right to your brand.
Read more >> https://sheownsit.com/does-your-etsy-shop-need-trademark-patent-or-copyright/
You’d be hard pressed to meet an entrepreneurially-minded woman who doesn’t consider Etsy to be an incredible haven for business. 88% of all Etsy sellers are women, according to the site’s November 2013 progress report, and 74% of sellers consider their Etsy shop to be a legitimate small business. And, because so many owners see their Etsy shop as a legitimate business, one of the most common questions they have is whether they need to protect their intellectual property with a trademark, patent, or copyright. I always recommend new small business owners err on the side of caution when it comes to IP protection, so if you are thinking about registering a mark or filing a patent but aren’t sure where to start, ask yourself the following questions.
Do you need to protect your logo or branding?
Then you should register a trademark. Now, you have the rights to a mark the minute you start using a unique logo, word, phrase, symbol, design, or any sort of branding, to distinguish yourself from your competitors. Technically, you don’t have to register a mark in order to claim it. However, if you don’t register a trademark with the USPTO, you may find it a difficult to enforce your rights to that mark, especially if the infringing party is outside of your home state. Etsy is a huge site, with international sellers and domestic shops from all fifty states. If your business is picking up, it would be a smart move to trademark your logo or branding before someone steals it so you can enforce your right to your brand.
Read more >> https://sheownsit.com/does-your-etsy-shop-need-trademark-patent-or-copyright/
How To Trademark Your Logo Design
By: Admin
Finding the perfect logo design for your business can be a big task all by itself. Once you finally find a logo designer or use a logo maker and finish up your logo, it’s time to consider doing a trademark on your logo. Probably only 90% of people that have a logo design actually trademark the design. It’s not completely necessary to have a trademark to protect your design. If you can prove your design was designed and paid for by you, this can sometimes be enough to protect your design. If you are worried about someone stealing your logo and you are unsure if you should trademark it, then just trademark the logo and set your mind at ease.
Pursuing your own business can bring about a whole range of feelings, from excitement to tedium. However, one of the more exciting activities to engage in is the design of the company’s logo. Your logo will give off the first impression of your company, over and over, as it is displayed for all to see. That could mean adverts, websites, business cards, billboards, and even commercials. While you want your logo to represent you in the best ways possible, you also have to make sure that you are representing your logo correctly. In order to do this, you need to trademark your logo and we’re going to tell you how to go about it. From large businesses to smaller businesses, there is a way for everyone – depending on how thoroughly you want to personally own your logo.
Read more >> http://www.youngupstarts.com/2019/12/26/how-to-trademark-your-logo-design/
Finding the perfect logo design for your business can be a big task all by itself. Once you finally find a logo designer or use a logo maker and finish up your logo, it’s time to consider doing a trademark on your logo. Probably only 90% of people that have a logo design actually trademark the design. It’s not completely necessary to have a trademark to protect your design. If you can prove your design was designed and paid for by you, this can sometimes be enough to protect your design. If you are worried about someone stealing your logo and you are unsure if you should trademark it, then just trademark the logo and set your mind at ease.
Pursuing your own business can bring about a whole range of feelings, from excitement to tedium. However, one of the more exciting activities to engage in is the design of the company’s logo. Your logo will give off the first impression of your company, over and over, as it is displayed for all to see. That could mean adverts, websites, business cards, billboards, and even commercials. While you want your logo to represent you in the best ways possible, you also have to make sure that you are representing your logo correctly. In order to do this, you need to trademark your logo and we’re going to tell you how to go about it. From large businesses to smaller businesses, there is a way for everyone – depending on how thoroughly you want to personally own your logo.
Read more >> http://www.youngupstarts.com/2019/12/26/how-to-trademark-your-logo-design/
WHAT IS TRADEMARK
By: Michael J Foycik Jr.
Dec. 20, 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.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
Dec. 20, 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.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
Beyond Patents: The Problems of Non-Traditional Trademark Protection for Medicines and Health Technologies
By: Irene Calboli
In November 2015, the United Nations Secretary General convened a High-Level Panel on Access to Health Technologies. The Panel’s objective was “to propose solutions for addressing the incoherencies between international human rights, trade, intellectual property rights, and public health objectives.” In a Report issued in September 2016, the Panel discussed how countries worldwide could use the flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to foster research and development of health technologies. Unsurprisingly, the Panel’s report focused on patent law. Yet, in the Report’s Annexes, it was highlighted that other IP rights, such as trademarks and copyright, can also “exert monopolistic effects in the market,” and that the effects of these rights can “rival those associated with patents and with a far greater duration” due to their different terms and scope of protection.1 As a result, it was noted, more attention should be paid to these rights “to tackle the[ir] combined effects … on the cost, distribution, and accessibility of medicines and health technologies.”2
Similar to the Panel’s Report, academic scholarship on access to medicines and health technologies continues to focus largely on patents and related limitations and exceptions to patent rights.3 This is of course understandable, considering the primary role patents play in the research and development and the exclusive market distribution of medicines and health technologies.
Read more >> https://link.springer.com/article/10.1007/s40319-019-00893-y
In November 2015, the United Nations Secretary General convened a High-Level Panel on Access to Health Technologies. The Panel’s objective was “to propose solutions for addressing the incoherencies between international human rights, trade, intellectual property rights, and public health objectives.” In a Report issued in September 2016, the Panel discussed how countries worldwide could use the flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to foster research and development of health technologies. Unsurprisingly, the Panel’s report focused on patent law. Yet, in the Report’s Annexes, it was highlighted that other IP rights, such as trademarks and copyright, can also “exert monopolistic effects in the market,” and that the effects of these rights can “rival those associated with patents and with a far greater duration” due to their different terms and scope of protection.1 As a result, it was noted, more attention should be paid to these rights “to tackle the[ir] combined effects … on the cost, distribution, and accessibility of medicines and health technologies.”2
Similar to the Panel’s Report, academic scholarship on access to medicines and health technologies continues to focus largely on patents and related limitations and exceptions to patent rights.3 This is of course understandable, considering the primary role patents play in the research and development and the exclusive market distribution of medicines and health technologies.
Read more >> https://link.springer.com/article/10.1007/s40319-019-00893-y
Trade Secrets - Better Protection Than a Patent for New Products and Inventions?
By: Michael J Foycik Jr.
Nov.27, 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.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
Nov.27, 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.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
Trademark Application Tips, and Some Ways to Avoid Pitfalls
By: Michael J Foycik Jr.
Nov.26, 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.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Nov.26, 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.
Filing a trademark application? That may seem easy, but mistakes can be costly later, during the examination phase. Here are a few helpful tips, and a few pitfalls to avoid.
After a trademark application is filed, the U.S. Trademark Office conducts an examination of the application. For example, if there is both an objection and a refusal to register the mark, then a response will be necessary to meet the objection and to overcome the refusal to register. This happens frequently, and an experienced trademark attorney will likely know just what to do when writing the response.
In my experience, it pays to respond to every office action. Many issues are within the range of discretion of the trademark examining attorney, and good legal arguments in support of the trademark may well be persuasive. Some firms charge substantial sums of money to prepare responses, and other firms might charge much less - therefore it may pay to shop around.
A helpful tip: before filing a trademark application, find a cost effective trademark attorney. It is wise to assume things may not always go smoothly or quickly.
Read more >> http://internationalpatentservice.com/Trademark-Application-Tips-and-Some-Ways-to-Avoid-Pitfalls.html
Drake’s attempt to trademark Canada’s weed warning label hits a stop sign
By: Max A. Cherney
Drake’s attempt to trademark Canada’s warning label for marijuana appears to have failed, but not entirely because Canada owns the rights.
The U.S. Patent and Trademark Office informed the rapper Thursday that his attempt to trademark the symbol, originally reported by MarketWatch earlier this month, is legally rejected. The main reason for rejecting the application, however, was that another company actually has a trademark for the phrase “THC.”
Canada’s rights to the warning label were cited as a reason for the application may be denied for specific products containing marijuana with Tetrahydrocannabinol, commonly referred to as THC, a psychoactive component in cannabis. All the potential uses cited by Drake in his patent application — which focused on most kinds of apparel, such as clothing, shoes and various kinds of hats — were denied because another company has the trademark on the phrase THC.
Read more >> https://www.marketwatch.com/story/drakes-attempt-to-trademark-canadas-weed-warning-label-hits-a-stop-sign-2019-11-23
Drake’s attempt to trademark Canada’s warning label for marijuana appears to have failed, but not entirely because Canada owns the rights.
The U.S. Patent and Trademark Office informed the rapper Thursday that his attempt to trademark the symbol, originally reported by MarketWatch earlier this month, is legally rejected. The main reason for rejecting the application, however, was that another company actually has a trademark for the phrase “THC.”
Canada’s rights to the warning label were cited as a reason for the application may be denied for specific products containing marijuana with Tetrahydrocannabinol, commonly referred to as THC, a psychoactive component in cannabis. All the potential uses cited by Drake in his patent application — which focused on most kinds of apparel, such as clothing, shoes and various kinds of hats — were denied because another company has the trademark on the phrase THC.
Read more >> https://www.marketwatch.com/story/drakes-attempt-to-trademark-canadas-weed-warning-label-hits-a-stop-sign-2019-11-23
Registering Your Slogan as a Trademark
By: Eric S. Wachspress
Slogans are registrable as trademarks as long as they are not merely informational or a common laudatory phrase or statement that would ordinarily be used in business or in the particular trade or industry. See Section 1209.03(s) of the U.S. Patent & Trademark Office’s Trademark Manual of Examining Procedure. Examples of such laudatory phrases or statements that would ordinarily be used in business and which have been refused registration included THE BEST BEER IN AMERICA, PROUDLY MADE IN USA & WHY PAY MORE!
Slogans are never registrable as copyrights because they contain an insufficient amount of authorship.
A copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” that are fixed in a tangible form of expression and protects such works as literary works, computer programs, musical works, pictorial, graphic and sculptural works, motion pictures and sound recordings while a trademark would be any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods or services of one seller or provider from those of others, and to indicate the source of the goods or services.
Read more >> http://www.chicagotrademarkattorney.net/federally-registering-your-slogan-to-protect-it-and-selecting-a-slogan-to-give-your-product-a-strong-brand-identity/
Slogans are registrable as trademarks as long as they are not merely informational or a common laudatory phrase or statement that would ordinarily be used in business or in the particular trade or industry. See Section 1209.03(s) of the U.S. Patent & Trademark Office’s Trademark Manual of Examining Procedure. Examples of such laudatory phrases or statements that would ordinarily be used in business and which have been refused registration included THE BEST BEER IN AMERICA, PROUDLY MADE IN USA & WHY PAY MORE!
Slogans are never registrable as copyrights because they contain an insufficient amount of authorship.
A copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” that are fixed in a tangible form of expression and protects such works as literary works, computer programs, musical works, pictorial, graphic and sculptural works, motion pictures and sound recordings while a trademark would be any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods or services of one seller or provider from those of others, and to indicate the source of the goods or services.
Read more >> http://www.chicagotrademarkattorney.net/federally-registering-your-slogan-to-protect-it-and-selecting-a-slogan-to-give-your-product-a-strong-brand-identity/
Why Trademark
By: Michael J Foycik Jr.
Nov.18, 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.18, 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
International Trademark Classes
By: Michael J Foycik Jr.
Oct.20, 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.
International Trademark Classes
INTERNATIONAL TRADEMARK CLASSES OF GOODS AND SERVICES
GOODS
Class 1 - Chemicals
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 - Paints
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 - Cosmetics and cleaning preparations
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4 - Lubricants and fuels
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Read more >> http://internationalpatentservice.com/trademark-classes.html
Oct.20, 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.
International Trademark Classes
INTERNATIONAL TRADEMARK CLASSES OF GOODS AND SERVICES
GOODS
Class 1 - Chemicals
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
Class 2 - Paints
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 - Cosmetics and cleaning preparations
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4 - Lubricants and fuels
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
Read more >> http://internationalpatentservice.com/trademark-classes.html
Trademark, Patent, and Copyright: What’s the difference and does my business need them?
By: Jesse
You’ve likely heard the words trademark, patent, and copyright. Have you ever wondered what the difference is and if you will need any of these when you’re starting a business? We are going to break it down for you so you know exactly what they are and where to get started!
Trademarks
According to the United States Patent and Trademark Office (USPTO), “a trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods”. However, the word trademark is often used interchangeably. Basically, a trademark (or service mark) shows others that you and/or your business are the owner of the word, phrase symbol, or design. When others see it, they will be able to exclusively associate it with the service or goods you sell. (For simplicity in this article, we will use a business name as the sample item desired to be trademarked.)
What does this mean for my business? If you want your business name to be exclusively associated with your business throughout the US, you need to federally trademark it to protect your legal rights to ownership of the name and prevent others from using the same name. Under certain circumstances, another company could have the same name and both business will be able to federally trademark it. This will be determined by the USPTO and happens if it can be shown that the two businesses offer completely different types of products. (Example: One company sells hair care products and the other sells accounting software.) When starting a business and creating your business brand, you may want to check the USPTO trademark database to see if your desired names, phrases, etc. have already been trademarked by someone else. Should you decide to pursue federal trademark registration, the forms will also be found on this site. Although it’s not necessary, you may find hiring a lawyer to be worthwhile!
Read more >> https://blog.zubifi.com/news/2019/09/trademark-patent-and-copyright-whats-the-difference-and-does-my-business-need-them/
You’ve likely heard the words trademark, patent, and copyright. Have you ever wondered what the difference is and if you will need any of these when you’re starting a business? We are going to break it down for you so you know exactly what they are and where to get started!
Trademarks
According to the United States Patent and Trademark Office (USPTO), “a trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods”. However, the word trademark is often used interchangeably. Basically, a trademark (or service mark) shows others that you and/or your business are the owner of the word, phrase symbol, or design. When others see it, they will be able to exclusively associate it with the service or goods you sell. (For simplicity in this article, we will use a business name as the sample item desired to be trademarked.)
What does this mean for my business? If you want your business name to be exclusively associated with your business throughout the US, you need to federally trademark it to protect your legal rights to ownership of the name and prevent others from using the same name. Under certain circumstances, another company could have the same name and both business will be able to federally trademark it. This will be determined by the USPTO and happens if it can be shown that the two businesses offer completely different types of products. (Example: One company sells hair care products and the other sells accounting software.) When starting a business and creating your business brand, you may want to check the USPTO trademark database to see if your desired names, phrases, etc. have already been trademarked by someone else. Should you decide to pursue federal trademark registration, the forms will also be found on this site. Although it’s not necessary, you may find hiring a lawyer to be worthwhile!
Read more >> https://blog.zubifi.com/news/2019/09/trademark-patent-and-copyright-whats-the-difference-and-does-my-business-need-them/
Let's Sue That Trademark Infringer – Or Maybe Not!
By: Michael J Foycik Jr.
August 18, 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.
Someone is infringing your trademark. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
Let's just mention that there can be a number of defenses to a trademark lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your trademark registration be challenged, or is it incontestible? Were you actually damaged? Is the alleged infringer's trademark really close enough to your trademark? Is the whole trademark infringed, or just part of it? Is your trademark a “word” mark or a logo (picture) mark?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages. That's right, you can win the lawsuit and yet get little or no cash. The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement. Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods.
But, the above is for infringement that is not “intentional” – what if the infringer is intentionally infringing? That's different, and you can ask for actual damages, and/or lost profits, and/or attorneys fee, and/or costs, among other things. Notice I said you can ask! However, asking is not the same as getting. Worse, it can be difficult to prove lost profits or actual damages.
Read more >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html
August 18, 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.
Someone is infringing your trademark. Now you want to rush out and sue them! Let's stop and talk about that for a minute.
Let's just mention that there can be a number of defenses to a trademark lawsuit. Such defenses depend on the answers to the following (and possibly other) questions, such as: Was the infringer actually the first to use it? Can your trademark registration be challenged, or is it incontestible? Were you actually damaged? Is the alleged infringer's trademark really close enough to your trademark? Is the whole trademark infringed, or just part of it? Is your trademark a “word” mark or a logo (picture) mark?
Now let's say there are no defenses to the lawsuit, and victory is absolutely certain. This is very hypothetical, of course, since there is always some uncertainly. But, assuming this perfect situation, should you still go ahead and sue? The answer may be “no” for a number of reasons!
So don't sue? Why not? Well, for starters, if the infringement was not“intentional” (within the legal meaning of that term), then it can be very difficult to obtain meaningful damages. That's right, you can win the lawsuit and yet get little or no cash. The most common result of a successful trademark infringement lawsuit is an injunction – an order to stop the infringement. Even worse, the injunction sometimes gives the infringer ample time to use up their stock of infringing goods.
But, the above is for infringement that is not “intentional” – what if the infringer is intentionally infringing? That's different, and you can ask for actual damages, and/or lost profits, and/or attorneys fee, and/or costs, among other things. Notice I said you can ask! However, asking is not the same as getting. Worse, it can be difficult to prove lost profits or actual damages.
Read more >> http://internationalpatentservice.com/Lets-Sue-That-Trademark-Infringer.html
U.S. Trademark Attorney Checklist for Chinese Companies to Get U.S. Trademarks
By: Michael Foycik
July 31, 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.
> Explain the goods and services being offered using the trademark. This can be important, and it is best to list a general term followed by specific terms. An example is: aircraft, specifically remotely operated toy drones.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Checklist-For-Chinese-Companies-To-Get-US-Trademarks.html
July 31, 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.
> Explain the goods and services being offered using the trademark. This can be important, and it is best to list a general term followed by specific terms. An example is: aircraft, specifically remotely operated toy drones.
Read more >> http://internationalpatentservice.com/US-Trademark-Attorney-Checklist-For-Chinese-Companies-To-Get-US-Trademarks.html
Costly Misconceptions About Trademarks
By: Michael J Foycik Jr.
July 14, 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.
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
July 14, 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.
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
Trade Secrets - Better Protection Than a Patent for New Products and Inventions?
By: Michael J Foycik Jr.
July 8, 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.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Let's see why there's no “trade secret” office. First, you can easily establish your trade secret rights yourself. How? Start by documenting the materials you regard as your trade secret, and mark the pages “confidential.” You can just mark the cover page as confidential, but more is better. Whenever you show the materials to anyone, document that: write a note to yourself stating who saw the materials and when they saw them; and put a copy of the exact materials shown in an envelope. If you have witnesses, write down their names. If there were telephone calls or emails, note those; and so on.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
July 8, 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.
You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.
A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.
So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.
Let's see why there's no “trade secret” office. First, you can easily establish your trade secret rights yourself. How? Start by documenting the materials you regard as your trade secret, and mark the pages “confidential.” You can just mark the cover page as confidential, but more is better. Whenever you show the materials to anyone, document that: write a note to yourself stating who saw the materials and when they saw them; and put a copy of the exact materials shown in an envelope. If you have witnesses, write down their names. If there were telephone calls or emails, note those; and so on.
Read more >> http://internationalpatentservice.com/Trade-Secrets-Better-Protection-Than-a-Patent-for-New-Products-and-Inventions.html
How AI will revolutionise trademark searches
By: Tim Lince
> Long predicted rise in artificial intelligence to improve efficiency of sorting big data
> Researchers find AI drastically aids similar searches during trademark examinations
> Exclusive guest post looks at how AI should be considered at national IP offices
There is little doubt that artificial intelligence (AI) will transform many industries across the globe. Now, researchers from the Ben-Gurion University of the Negev in Israel have looked at how advanced AI tools will transform how trademark searches are conducted in the future – and, in an exclusive guest post, expand on what it means for trademark practitioners.
WTR has written before about how artificial intelligence could change the status quo for those working in the trademark industry. Indeed, late last year, we cut through concerns about how the development of AI technology could impact legal, and specifically trademark, practice.
One of the primary areas that AI could significantly improve the trademark ecosystem is through improved search. In research released in the past few weeks, it was found that IP office examinations could be a game-changer, especially when it comes to more efficiently identifying trademark similarity.
Now, in the exclusive guest post below, the authors of the study, Idan Mosseri, Matan Rusanovsky and Gal Oren from Ben-Gurion University of the Negev, explain some of the key findings from their research and why IP offices should consider how AI could improve their internal processes. All three academics are co-founders of AI tool TradeMarker, while Rusanovsky is also a researcher at the Israel Atomic Energy Commission, and Mosseri and Oren are researchers at the Nuclear Research Center - Negev.
Read more >> https://www.worldtrademarkreview.com/ip-offices/how-artificial-intelligence-will-revolutionise-trademark-search
> Long predicted rise in artificial intelligence to improve efficiency of sorting big data
> Researchers find AI drastically aids similar searches during trademark examinations
> Exclusive guest post looks at how AI should be considered at national IP offices
There is little doubt that artificial intelligence (AI) will transform many industries across the globe. Now, researchers from the Ben-Gurion University of the Negev in Israel have looked at how advanced AI tools will transform how trademark searches are conducted in the future – and, in an exclusive guest post, expand on what it means for trademark practitioners.
WTR has written before about how artificial intelligence could change the status quo for those working in the trademark industry. Indeed, late last year, we cut through concerns about how the development of AI technology could impact legal, and specifically trademark, practice.
One of the primary areas that AI could significantly improve the trademark ecosystem is through improved search. In research released in the past few weeks, it was found that IP office examinations could be a game-changer, especially when it comes to more efficiently identifying trademark similarity.
Now, in the exclusive guest post below, the authors of the study, Idan Mosseri, Matan Rusanovsky and Gal Oren from Ben-Gurion University of the Negev, explain some of the key findings from their research and why IP offices should consider how AI could improve their internal processes. All three academics are co-founders of AI tool TradeMarker, while Rusanovsky is also a researcher at the Israel Atomic Energy Commission, and Mosseri and Oren are researchers at the Nuclear Research Center - Negev.
Read more >> https://www.worldtrademarkreview.com/ip-offices/how-artificial-intelligence-will-revolutionise-trademark-search
What is Trademark
By: Michael J Foycik Jr.
June 24, 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.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
June 24, 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.
To get started now:
No money is needed to get started. Once we receive the above-noted information for a trademark application, we perform a free, informal search of the trademark records and advise if a serious obstacle exists in the form of a prior similar trademark application. There is no cost or obligation for this. An experienced trademark attorney interprets the results of the informal search.
Read more >> http://internationalpatentservice.com/What-is-Trademark.html
5 Things Startups Need To Know About Trademarks
By: Chris Heer
Trademarks are key brand assets for every business. Your customers associate them with your company and its reputation and they help distinguish your products and services from your competitors in a crowded marketplace.
For startups, it’s important to establish and protect your trademarks right from the beginning. Otherwise, you risk major headaches down the road.
Here are five things new business owners need to know about trademarks.
1. Your Company Name Is Not Automatically Your Trademark
In the process of incorporating your business, you were probably required to register a corporate name under which you would be doing business.
A corporate name approved as part of the incorporation process allows your company to operate a business using that name within the province or territory registered, or across the country, if registered under federal legislation.
If your corporate name is not identical to the name of your business as it appears to your customers, you would have also needed to register the latter as a “business” or “trade” name.
Note that neither of these registrations relates to the use of your name as a trademark. To claim an exclusive right to the use of your name as a trademark, you will need to file an application to register your mark with the intellectual property office in the jurisdictions in which you do business.
2. Registration is Important
For some startup companies, trademark registration may not initially be seen as a top priority. Having not yet acquired a reputation to protect, and having limited financial resources, companies may be reluctant to incur the expense. If you’ve done research, you may think you can rely on the common law to protect your mark.
Read more >> https://startup.unitelvoice.com/trademarks
Trademarks are key brand assets for every business. Your customers associate them with your company and its reputation and they help distinguish your products and services from your competitors in a crowded marketplace.
For startups, it’s important to establish and protect your trademarks right from the beginning. Otherwise, you risk major headaches down the road.
Here are five things new business owners need to know about trademarks.
1. Your Company Name Is Not Automatically Your Trademark
In the process of incorporating your business, you were probably required to register a corporate name under which you would be doing business.
A corporate name approved as part of the incorporation process allows your company to operate a business using that name within the province or territory registered, or across the country, if registered under federal legislation.
If your corporate name is not identical to the name of your business as it appears to your customers, you would have also needed to register the latter as a “business” or “trade” name.
Note that neither of these registrations relates to the use of your name as a trademark. To claim an exclusive right to the use of your name as a trademark, you will need to file an application to register your mark with the intellectual property office in the jurisdictions in which you do business.
2. Registration is Important
For some startup companies, trademark registration may not initially be seen as a top priority. Having not yet acquired a reputation to protect, and having limited financial resources, companies may be reluctant to incur the expense. If you’ve done research, you may think you can rely on the common law to protect your mark.
Read more >> https://startup.unitelvoice.com/trademarks
US & USPTO Trademark
By: Michael J Foycik Jr.
June 17, 2016
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
June 17, 2016
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
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