1. What's a Trademark?
A trademark can be any word, slogan, style, symbol, or maybe a color, smell, product configuration or a mixture of these, used to identify the source of origin of particular merchandise and services. The trademark is a supply identifier of your product and services, to tell apart it from the goods and services of others. For example, Nike contains a registered trademark with the United States Patent and Trademark Office (“USPTO”). Their mark is used to tell apart their goods and services over alternative shoe companies. Nike actually owns many emblems, together with design marks also, like their swoosh symbol.
Here is another example, remember when Paris Hilton was saying “that’s hot” everywhere? She applied for a trademark application with the USPTO. If it ultimately gets issued, it doesn’t mean that nobody else will ever say that phrase. Ms. Hilton’s trademark attorney has filed the slogan only in affiliation with specific specified merchandise and services. So, if the mark does ultimately issue, she will have federal rights to stop others from using the mark in association with the identical or similar product and services she registered the mark with.
2. Why You Want to Conduct a Trademark Search and File an Application
You're prepared to launch a new product, or you're about to start out a replacement business and you've got a great name you’ve been desperate to use for years. However will you? Here may be a typical state of affairs: Company A opens its doors (a physical store and on-line) selecting a reputation while not conducting a trademark search. Company A starts promoting its name by investing in advertisements (print and online like Google adwords). Months elapse and Company A is doing quite well financially, has invested a ton cash in advertising and marketing, and its page ranking in Google and went up considerable for its desired terms (when spending a lot of money to look engine optimization selling corporations). Then at some point,
Company A receives a cease and desist letter from Company B’s attorney similar to this:
"Company B is that the owner of United States Federal Trademark Registration No. XX and other trademark registrations pertaining to this mark. Company B uses this mark within the United States at the side of its goods and services. Company B legally owns the trademark upon which your on-line store, merchandise, and advertisement are infringing.
Company B believes that you are intentionally trading on the goodwill of Company B by employing a trademark that is confusingly just like Company B’s Trademark which your use of the Trademark will, or is intended to confuse or mislead customers seeking Company B’s merchandise or services. This activity is actionable underneath federal law and causes you to be vulnerable to Company B in each state in which you have created sales or done business. Your activities are unlawful and represent unfair competition, intentional trademark infringement and dilution, false designation of origin and/or cybersquatting.
Federal Law provides numerous legal remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, financial damages, claim to a defendant’s profits…"
Thus now what? You are thinking it can solely be a bad dream, I can’t stop using the name I’ve been using all this time. Suppose again. Although you will be able to fight or settle in order to prevent your name from being moved out, it typically takes time and a ton of money. This is often the unhappy state of affairs many business owners face when the neglect to take into consideration intellectual property rights of others.
Instead of being a victim to dangerous business practices, the right way to proceed is to obtain a trademark search on every and every name you propose to use in affiliation with the products and services your business is promoting. A competent trademark attorney will conduct the search and analyze the results to advise you whether or not or not you should use the name. If name appears to be clear, then it's advisable to proceed with your own application for a trademark in order to serve as a defense and for use offensively against would be trademark infringers.
Upon issuance of your federally registered trademark, you've got the subsequent significant advantages:
• Nationwide constructive notice of trademark possession
• Proof of and a presumption of possession
• Federal court jurisdiction (ought to you have got to sue to prevent infringement)
• Federal registration will be used to get foreign registration
• The registration may also be filed with U.S. Customs Service to stop importation of foreign merchandise that infringe on the trademark
3. Trademark Issues on the Web
What about domain name disputes; use of trademarks in Google adwords advertising or banner advertisements; cybersquatting; how regarding defend, parody, or criticism websites like trademark problems with pop up ads; etc. These are all issues that occur everyday on-line and are costing business owners millions. Each issue will be resolved in numerous ways in which, either by the employment of cease and desist letters; negotiations and settlement; a traditional trademark infringement lawsuit in either federal or state court; an Anticybersquatting Shopper Protection Act (ACPA) lawsuit; or an Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding.
Author Resource:
Adam has been writing articles online for nearly 2 years now. Not only does this author specialize in Emblems: When and How to Search and File Trademark Applications
You can also check out his latest website about
Trek Bikes For Sale Which reviews and lists the best
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