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Published: Mon, 23 Apr 2018 05:57:27 -0500


Time Taken for Trademark Registration in India Can Be Reduced With the Expedited Examination

Thu, 12 Apr 2018 08:49:41 -0500

In India, there are approximately 2 to 3 lakh trademark applications pending to be registered. It is almost impossible to get the trademark registered within a year's time. Due to its technicality and legal aspect, it is very important that every application be analyzed and scrutinized properly before any type of registration is granted for the same.

Amazon Brand Registry and Registered Trademarks

Mon, 13 Nov 2017 15:24:44 -0600

In 2017, Amazon released new requirements concerning seller's trademarks for its Amazon Brand Registry. This article explains what actions must be taken now to meet those requirements for enrollment eligibility in the brand registry and to thus protect a seller's brand on the online retailer's site.

How Should I Pick Appropriate Class for Trademark Registration?

Fri, 27 Oct 2017 15:01:27 -0500

A Trademark is a unique identity of a product/ service/ business, expressed through graphical representation, text, color combination, sound, smell, taste or even a name giving a full-fledged definition to a brand. Developing a mark of identity to be trademarked is a creative process which requires much of research and brainstorming. Take the example of FedEx, a reputed international logistic firm.

Proving "Bad Faith" in Trademark Proceedings

Tue, 26 Sep 2017 11:17:27 -0500

In July 2016, the Delhi High Court restrained two Indian auto-spare parts manufacturers from using Toyota's trademark TOYOTA, the Toyota Device Mark, TOYOTA INNOVA and/or any other identical name on their products as well as passing off their goods under the trademark/name PRIUS on the grounds of bad faith. As per the Honourable Court's observation, the defendants' adoption and usage of the mark PRIUS was found to be "blatantly dishonest", "unauthorized and unlawful" amounting to dilution and passing off of the plaintiff's reputed trademark. Way back in 2001 famous Punjabi pop star Daler Mehndi had challenged...

How to Raise a Trademark Objection

Fri, 22 Sep 2017 10:40:43 -0500

Registering a trademark may not be enough - protect your brand from infringers - A trademark serves as a unique identity which imparts a personality to a product or service. It can range from a slogan, logo, graphic, color combination, sound, smell, taste or even an individual's name.

Amending the Madrid System by Protocol and Know Its Objectives and Features

Wed, 23 Aug 2017 11:54:20 -0500

Although the Madrid system has been intensively used by trademark owners of the member countries for more than a century now, the number of member countries has remained relatively low and has also remained geographically limited. Several states have considered a number of features of the Madrid system as obstacles to their accession to the same and have not joined the system.

New Trademark Rules, 2017: The 10 Most Notable Changes

Thu, 06 Jul 2017 09:16:56 -0500

The Ministry of Commerce and Industry of the Government of India has recently updated the Trademark rules. The new Trademark Rules, 2017 came into effect via a Govt. notification on March 6th and will replace the Trademark rules, 2002.

Loopholes In Trademark Registration In China Can Pose a Threat To Online Business

Mon, 27 Mar 2017 08:00:00 -0500

China has weird rules for using the Internet. It is quite complex, and Chinese lawyers are always on their toes to explain things to their clients regarding the Internet usage in the country. Internet usage, particularly, for the gaming companies is even more difficult and they usually hire lawyers to talk about the pros and cons. China's Internet rules are absolutely different from that of the western countries and that is hard for the foreigners to understand. Having a clear idea about the Chinese rules and regulations makes everything easy for clients and foreign companies.

Trademark for Whom & Why

Wed, 22 Mar 2017 09:16:16 -0500

Every Business is different as each business caters to a different set of requirements. So how each business sustains itself will also be different. Talking of sustenance also means protecting one's business and this is where the whole concept of trademark becomes relevant.

How Can a Trademark Save Your Company?

Tue, 06 Dec 2016 11:22:10 -0600

To save the identity of the business, people usually get trademark registration. It is a kind of intellectual property.

Registration of a Trademark With the OHIM (Office for Harmonization in the Internal Market)

Tue, 28 Jun 2016 11:33:19 -0500

EUIPO (The European Union Intellectual Property Office), formerly known as OHIM, is the European Union agency responsible for the registration of the brands and the trademarks. Let's know how to register a trademark with OHIM.

Do I Need to Trademark My Business Name As a Small Business Owner?

Mon, 07 Dec 2015 12:51:58 -0600

A small business owner has no proprietary rights unless he trademarks his business. Sounds alarming? Well, that's how it is. Registering your company, business, or domain name does not give you any automatic right to use the name as a trademark.

What Do the Symbols TM, SM and the Circled R Mean?

Tue, 13 Oct 2015 10:11:27 -0500

Have you ever seen a little TM, SM or the letter R in a circle next to the name of a brand or business and wondered what they mean? Read on to figure out exactly what those symbols stand for and what their purpose is.

Does That Smell Remind You of Something? Trademarking Scents

Tue, 29 Sep 2015 08:58:26 -0500

Have you ever smelled something that instantly reminded you of a certain brand name? If so, that certain smell has the power to act as a source identifier for a brand. Functioning as a source identifier is the first step a mark has to take to become a trademark. However, scents are a challenge to trademark. Find out why in the article that follows.

Top Reasons Why Your Business Should Register Its Trademarks

Tue, 29 Sep 2015 08:53:56 -0500

Do you own a business? Are you interested in protecting your business name, logo, or tagline? There are quite a few reasons why trademark registration is a good idea to protect your brand. The following article aims to address some of these reasons.

A Taste for Trademarks: Registering a Flavor With the United States Patent and Trademark Office

Tue, 29 Sep 2015 07:27:49 -0500

Is it possible to trademark a flavor or taste? The answer may surprise you.

Trademark Registration: Trademark Vs Trade Name

Tue, 29 Sep 2015 07:22:33 -0500

What is the difference between a trademark and a trade name? They do indeed have many similarities, but they have their differences as well. The following article will help distinguish between the two.

Trademark Registration: What Is an Appropriate Specimen of Use for My Product?

Fri, 18 Sep 2015 10:51:11 -0500

For those that wish to register a trademark, you must provide proof that you are using the mark in commerce. It is difficult for those not familiar with the trademark process to gauge what is considered an acceptable specimen by the United States Patent and Trademark Office. The following article provides some insight into what is an appropriate specimen of use for your particular trademark.

From a Lion's Roar to a Cartoon Character Catchphrase: Trademarking Sounds

Mon, 14 Sep 2015 12:43:34 -0500

Can you trademark a sound? Have you ever heard a jingle and were curious as to who held the rights to it? Read below to learn a bit more about the process of trademarking a sound.

Trademark Registration: Protecting Your Logo Design

Mon, 14 Sep 2015 12:42:46 -0500

Question: Is a federal trademark registration the right way to protect a logo design? Answer: Depends...

Trademark Registration: Color Me Protected!

Wed, 09 Sep 2015 10:25:12 -0500

We commonly think of company's name, or design or logo as a trademark or service mark. The company uses the name or logo to indicate to the consuming public the source of the products or services being offered. But what about color?

Trademark Registration and Barney Fife: Nip It in the Bud!

Tue, 08 Sep 2015 15:42:01 -0500

How does the Andy Griffith Show and trademark registration relate to one another? Find out how you can "Nip it in the Bud!" when it comes to federal trademark registration and trademark infringement matters.

Importance of a Lawyer to Your Business

Tue, 01 Sep 2015 08:04:12 -0500

For very many small business owners out there, using a lawyer is the same as calling a plumber or fireman. One does it only if there's a problem.

Should I Hire an Attorney to Help Me File My Trademark Registration?

Mon, 31 Aug 2015 11:13:52 -0500

Do you need an attorney to file a trademark application? In the article below, you will find out why a knowledgeable attorney is a valuable asset in the trademark process.

What Exactly Is a Trademark?

Mon, 31 Aug 2015 11:10:08 -0500

Find out what the term "trademark" means and all of the different kinds of marks that are out there. Figure out the difference between a trademark and a service mark. Find out the difference between a certification mark and a collective mark.

Counseling Clients About the Perils and Pitfalls of Do-It-Yourself IP - Trademarks

Wed, 26 Aug 2015 14:20:17 -0500

Economic considerations and the proliferation of information available on the Internet lead some clients down the pathway of do-it-yourself IP, whether going at it alone or seeking assistance from invention submission companies or other online legal solutions. This article addresses how to counsel clients about the perils and pitfalls of do-it-yourself IP, particularly focusing on trademarks, and provides tips for getting clients on the right path before/after they attempt to do it themselves.

Federal Trademark Registration Vs Common Law

Wed, 26 Aug 2015 10:07:50 -0500

Does a mark that is registered have superior rights over a mark that relies on common law? This is a question that I am often asked. In the article below, I will address this issue and provide an explanation of the difference between a federal trademark registration versus use based on common law.

The Importance of Registering Your Trademark

Wed, 27 May 2015 13:13:14 -0500

A trademark is a visual symbol which may be a word to indicate the source of the goods, a signature, name, services, etc. A trademark provides protection to the owner of the mark by ensuring the exclusive right.

Trademark Registration: To Become Legal Owner of The Brand Name

Mon, 18 May 2015 11:59:20 -0500

Trademark registration or brand name registration is surely an important process for business organizations. All organizations need a unique name to promote their products & services.

How to Register a Trademark With Ease

Wed, 15 Apr 2015 06:27:22 -0500

Believe it or not, registering a trademark is the toughest task to carry out when it comes to protecting your business or brand name. If you are not serious about your trademark, it may literally cost you plenty both in terms of money and effort, which can further cause surplus stress and mental harassment. Moreover, this thrilling and complicated process involves numerous tasks and things that must be considered when thinking about starting a new business. This process can only be handled by the trademark attorney, appointed by the business owner itself.

Discover Important Things About Trademark Registration

Mon, 13 Apr 2015 11:47:30 -0500

Trademark registration is a very vital thing to protect the identity of the brand. By registering this, the organization becomes the legal owner of the name & as per law, no other person can use the similar or confusing name to sell its products & services.

Brand Registration: Good For Business

Mon, 13 Apr 2015 11:40:58 -0500

The brand registration is the most important thing for an organization to have a better business prospective. It is basically the name that attracts buyers to buy products & services of the company.

The Era of Comparative Advertising

Fri, 20 Mar 2015 15:40:52 -0500

The print and electronic media that we are dealing with does not only canvas the static and current reports about the day-to-day events, but they heavily comprise the advertisements associated with a variety of products. The prior most attempt that the brand owners have into consideration while advertising their products is the gain of maximum viewer attention and at the same time proving their brands far better than the competitors.

All You Need to Know About Registering Your Trademark

Mon, 19 Jan 2015 10:17:07 -0600

Any glance at recent current events will confirm that people have become more litigious than ever, especially over matters of intellectual property. As a result, it has become increasingly necessary to retain the best professional help available to secure a legal trademark for one's brand or patent.

Exploring The Benefits Of Trademark Filing

Fri, 02 Jan 2015 09:22:27 -0600

Acquiring a trademark remains a very simple way in which you can establish ownership of a product or a service designed by you. In a way it helps you to establish your brand identity as well, whereby your rivals and customers know that a particular product design belongs to you.

The Importance Of Having A Trademark For Your Brand

Thu, 07 Aug 2014 10:05:37 -0500

What is trademark? Trademark is considered the most widely known intellectual property as compared to others such as patent, design and copyright. A trademark protects an expression that represents a particular product or service.

"US Patent Office Cancels Redskins Trademark": What Does It Mean?

Thu, 19 Jun 2014 07:37:04 -0500

Today the news media is abuzz with discussion of the cancellation of the "Redskins trademarks" belonging to a U.S. football team, the Washington Redskins. Despite the comments by television talking heads on the ruling, the fact is that the name "Redskins" has not been taken away from the team.

Trademark Registration Attorney: A Bit About Them and Ways to Find Them

Wed, 28 May 2014 10:14:04 -0500

Hiring a trademark attorney is considered to be a smart move as it pays in the long run. A trademark attorney offers a range of services at one go starting from selecting a trademark to register for, to enforcing the trademark chosen by you so that it is not infringed upon by others.

Owning Your Brand Name for Life Using a Successful Trademark Application

Wed, 19 Feb 2014 11:56:57 -0600

A brand name is a highly prestigious commodity. It is developed after years of hard work and realized when people and competitors start to recognize you, your name and identify with what your products are.

What Is in a Trademark and How Can You Register It?

Wed, 19 Feb 2014 11:55:19 -0600

A trademark is your exclusive property; a name with which your customers recognize you and equate you to. When you do this you get exclusive rights to the name and it becomes yours completely.

How To Obtain A Trademark In The US

Tue, 11 Feb 2014 08:29:52 -0600

A trademark is a word, a symbol or design, or a combination thereof, which serve to distinguish the goods or services of a person or company from other products or services available on the market. Trademarks represent not only actual wares and services, but also the goodwill of the producer. In this sense, they are considered valuable intellectual property.

How to Protect Your B2B Brand Through Trademark Law

Wed, 29 Jan 2014 11:15:48 -0600

After lots of creative brainstorming you've finally found the perfect name for your new brand. Now you just need to make sure the name is available for you to legally use without sparking a lawsuit. Whenever possible, generate a brand name that is wholly unique, so you can occupy all future mindshare among the public.

Register Company Name and Logo and Protect Your Design

Fri, 17 Jan 2014 16:21:19 -0600

A trademark is essential for all businesses as it protects your brand. Copy infringement can be avoided when your company name and logo are unique and is registered with the USPTO.

Free Trademark Search

Mon, 13 Jan 2014 10:06:05 -0600

You are not required by law to conduct a trademark search before you file for registration: however, any trademark professional would recommend that you do. You cannot register a trademark that is identical or similar to another registered mark; the purpose of a trademark search is to identify any and all marks that are similar to your own, even in a single element. It is likely that a trademark search will reveal marks that are similar to your own. You must then check the status of these marks' registration to determine whether they are current and up-to-date, or whether the registration status is 'dead'. A 'dead' mark cannot be used to block your application.

How Much Does a Trademark Cost?

Thu, 26 Dec 2013 10:58:35 -0600

The cost of your trademark can vary greatly depending on the services that you require. Generally, the answer to the question 'how much does a trademark cost' is upwards from $1,100, spread over two stages and a time period of 7-8 months. This cost is inclusive of government fees, professional fees, and GST.

How to Trademark a Name in Australia

Mon, 23 Dec 2013 10:08:26 -0600

The procedure for how to trademark a name in Australia might sound straightforward, but is actually lengthy and complex. The following article outlines the process of how to trademark a name in Australia. You should contact a trademark professional for further information or assistance.

Secure Your Logo, Register Your Trademark

Fri, 20 Dec 2013 15:57:01 -0600

Everyone who runs a business wishes to reach the pinnacle of success. This is not an easy task, however. You need to build a brand and it takes a long time for a brand name to be popular and successful.

Australian Trademark Registration

Wed, 18 Dec 2013 10:43:48 -0600

When you want to protect your intellectual property from infringement, you should register a trademark in Australia. A registered trademark protects your business identity, as well as the identity of your goods or services. When you register your intellectual property as a trademark, you gain the right to use your marks exclusively, as well as to license or sell your marks for the goods or services under which it is registered.

Logo Trademark Registration in Australia

Tue, 17 Dec 2013 09:20:06 -0600

It is essential that you protect your company logo with trademark registration to ensure that your competitors do not use the same mark, or a confusingly similar one, to market their own products or services. Consumer confusion can lead to a loss of business or a reduction of your goodwill, particularly if your competitor's products or services are not a high a standard as your own. The following article explains how to register a logo in a series of simple steps: however, you might prefer to consult a trademark professional for a more comprehensive overview of the registration process, or assistance in filing and managing your application.

How to Choose a Trademark Professional

Mon, 16 Dec 2013 11:19:59 -0600

An Australian trademark professional is someone who is well-versed in legal notices and trademark law. They aim to protect the trademarks of both companies and individual traders, as well as the associated brand image and intellectual property. Reputable trademark professionals also offer advice to those that are attempting to register their intellectual property as trademarks. There are a number of reasons for hiring a trademark professional, whether you are the owner of a trademark or seeking protection for your intellectual property. There are a huge number of trademark professionals available to you within Australia: however, choosing the right professional can be a challenge. There are some guidelines that you can follow when you are searching for the right trademark expert for your business.

Five Reasons Why Your Trademark Could Be Rejected

Tue, 03 Dec 2013 10:18:36 -0600

Trademark registration is a lengthy, complicated, and expensive process. If you do not take the appropriate steps, or if you file your application incorrectly, you risk having your application rejected by an IP Australia examiner. If your trademark is inappropriate for registration, you will receive an adverse report from your examiner. Some adverse reports can be intimidating and complicated, and often require the help of a trademark attorney to rectify. The following list includes the five most common reasons for the issue of an adverse report. You can use this list to prevent your application from being turned down.

How to Conduct a Trademark Search

Mon, 25 Nov 2013 14:57:06 -0600

The definition of a trademark is a symbol, word, or series of words that identify a company, or a product or service of that company. Before you can register your business name or company logo for trademark protection, IP Australia must analyse your application to determine whether your mark is eligible for registration. One of the conditions for eligibility is that your mark must be completely unique within your market, and is not identical to or confusingly similar with another mark. If your mark looks like another company's mark, and if that mark identifies the same goods and services, you will be infringing upon the rights of that trademark holder. Infringement upon a registered trademark holder's mark can come with legal ramifications.

5 Reasons Why Marriage Shouldn't Even Be On Your Agenda

Mon, 25 Nov 2013 09:12:22 -0600

Marriage is probably the most celebrated occasion of our lives and we have every reason to be delirious about it. But on another front, we tend to forget the complicated and often, underestimated aspects of our married life. Keep reading to get abreast of what your married life has in store for you.

Registering Your Business Name and Registering Your Brand Name

Tue, 19 Nov 2013 12:02:43 -0600

Australian businesses are required to register their business names in order to prevent two competitors from mistakenly using an identical name. It is important, for the sake of the consumer, that there can be no confusion between two businesses with the same name and providing the same goods or services. Your business name tells consumers who is operating a business under the business name, and you can also open a bank account under your registered business name.

Why You Should Register Your Trademark in Hong Kong

Wed, 13 Nov 2013 15:45:03 -0600

In Hong Kong, trademarks are protected by the Trademark Ordinance law. In case your trademark is not registered, other laws can be used to protect it as a last resort. In such cases, a lot of goodwill is needed to enforce such laws. Failing to register your trademark can give your competitors the opportunity to register similar marks as yours.

Understanding Design Patents and Trademark Registration

Wed, 13 Nov 2013 09:37:05 -0600

Design patents give the inventor certain rights on the appearance of his invention. It is unique as it is granted only when something new is created.

Territoriality Of Trademarks - 'Think Global, Act Local'

Fri, 08 Nov 2013 15:53:28 -0600

The world is a Global Village today. Boundaries have shrunk, borders are porous and the reach of information, services, products, goods basically trade and commerce is a thought away.

Well Known And Famous Trademarks - Actual 'Celebrities' Of A Business

Fri, 08 Nov 2013 15:32:23 -0600

'Imitation is the best form of flattery' is a well known saying. Who wouldn't want to be copied, imitated, and reproduced across countries without even having a physical presence there?

Why You Should Register Your Trademark

Fri, 01 Nov 2013 08:40:28 -0500

A trademark is a design, sign or expression that identifies a product or service. It differentiates a company's product or service from that of other companies. Trademark owners can be organizations, businesses, legal entities or individuals. Trademarks are usually located on packages, vouchers, labels or on the products themselves. To enhance corporate identity, trademarks may also appear on company buildings.

Why You Should Register Your Trademark in China

Fri, 01 Nov 2013 07:24:39 -0500

Having a registered trademark gives your company some brand leverage. It prevents competitors from using your mark to confuse customers with a brand that is similar to yours. You need to take your time and use some of your resources to register your trademark in China. Choosing to export your products to China without any registered trademark exposes your brands to considerable risks.

TRADEMARK DILUTION - Trademarks and Their 'Sound Health'

Mon, 28 Oct 2013 12:02:35 -0500

Trademarks are source identifiers and product differentiators providing necessary discernment amongst goods and products. In a world full of competing business which are omnipresent especially owing to supermarkets, hypermarkets, twenty four- seven stores and the internet.

Maintaining the Goodwill in Your Business

Mon, 28 Oct 2013 11:40:57 -0500

One of your most valuable assets is your goodwill. Your good reputation is more valuable to you than gold: it is your business's honour and character, your integrity, and completely unique to your company. Your goodwill is essentially your business, product, service, or brand name around which you have built a good reputation: you are well-known within your marketplace amongst competition, clients, and consumers. Your goodwill is one of the best ways to be truly unique from your competition, particularly if you are known to do the job better.

Trademarking the Name of a Band

Wed, 23 Oct 2013 09:56:10 -0500

If you have a musical band and are thinking of selling or performing your music publicly, you need to think about protecting one of your band's most important assets, its name. Registering a trademark can protect your band from liability for infringement, while ensuring that you have the exclusive right to use the name you have chosen.

How To Register A Trademark - A Trademark Attorney's Perspective

Tue, 08 Oct 2013 16:15:02 -0500

A trademark is, quite simply, any distinct name or logo that a company uses to identify itself within the marketplace. A good, effective trademark is one that is instantly recognisable to the customer: the customer will associate specific types of goods and services to that trademark, as well as company attributes such as reliability and quality. Examples of effective trademarks includes the Apple logo, and the Holden lion: and the five Olympic circles are a universally recognised trademark symbol.

Protecting Trademarks and Logos in the UK

Fri, 13 Sep 2013 09:51:33 -0500

In the increasingly competitive commercial environment, registration of a trademark is something which should be done sooner rather than later by most businesses to secure registered rights to protect the logo. Registration of trading names protect the unique trading identity of the business.

Trademark Problems With Non-Profits - My Husband Made That Logo, I Watched Him Design It

Mon, 26 Aug 2013 06:41:56 -0500

Not long ago, I was reviewing a stellar level logo that was done by a gentleman whose wife had started a non-profit group. There was a contest for the best logo, but the ones coming in were quite underwhelming and less than notable, what the organization needed was something to wow the new members and give life to the fledgling organization. They asked me what I thought of the newest logo entry, done by the founder's (wife's) husband, so I told them what I thought; "It's great."

Using Trademarks in Artistic Works

Tue, 02 Jul 2013 14:49:57 -0500

Does an artist commit trademark infringement when using a registered trademark in an artistic work? The decision is usually based on being able to adequately measure the public interest in free expression against that of the public interest in avoiding consumer confusion.

Canadian Trademark Registration: Licensing Your Trademark

Tue, 02 Jul 2013 11:25:05 -0500

Trademark infringement doesn't always have to be confrontational. Sometimes the best option for both parties is a trademark licensing agreement.

International Trademark Registration Procedure

Wed, 19 Jun 2013 16:02:08 -0500

While planning to register your unique trademark, request the helping body to check its availability; you may also try to find its availability through Trademark Search Systems available. Once its availability is confirmed, prepare your application as per the guidelines and file your application using the respective trademark registration system or through Madrid System for the International Registration.

Advantages Of Trademark Registration

Mon, 22 Apr 2013 09:21:42 -0500

The best way to secure your business identity, its market position, and commercial advantage is through trademark registration. Your business is a unique intellectual property, and you should protect it from infringement by other third parties.

Popular Trademark Law Misconceptions

Mon, 01 Apr 2013 10:06:00 -0500

There are several popular trademark law misconceptions. This article helps to understand them and as a result helps to avoid losing your trademark.

Trademark Protection in Licensing Deals Gone South

Mon, 25 Feb 2013 07:37:24 -0600

Most startup businesses work very hard to get a trademark for their company logo. This is a very wise idea and it prevents some copycats, but not all of them. Often people will try to pretend that you are partnering with them, and stick your logo on their website. Sometimes they will reason that if they've done some business with you then they can use the "partnering" terminology, something I believe has been so abused in recent years, perhaps even going back to the early 90s. If you allow one company to do it, other companies will follow suit.

3 Steps to Establishing and Maintaining a Trademark

Fri, 22 Feb 2013 09:52:57 -0600

The United States Patent and Trademark Office defines several characteristics of a trademark. A trademark identifies and distinguishes a product or service against other similar goods or services.

The New Era Of Tech Patent Wars - A Broader Perspective

Fri, 08 Feb 2013 14:38:40 -0600

It seems hard to imagine life these days without our beloved smart phones. They have affected nearly every facet of our daily lives to varying degrees and 15 years ago it would sound absurd to say that in the near future, everyone will have a device with the functionality of a computer, GPS, Camera, Audio device etc. in their pocket. However, it's also become a common occurrence to read about the latest big money law suit between the tech companies that have developed these technologies. And these aren't your run of the mill legal squabbles; we're talking about multi BILLION dollar law suits, waged over the rights to the intellectual property that allows for a controlling interest in the global tech market. And yet, such high stakes have just become a part of doing business but it raises questions about how much damage is caused to the industry in the process and could there be a better way to resolve these conflicts?

Business Lawyer: Yes, You Do Need to Hire One Immediately

Fri, 11 Jan 2013 11:40:05 -0600

Business lawyer helps you to avoid legal complications while setting up your commercial outfit and also during subsequent years. His advice will enable you to avoid violating rules and rights and to protect your own rights as and when required.

Register Your Brand On Twitter Before It Is Too Late

Thu, 03 Jan 2013 09:42:17 -0600

Twitter's trademark usage policies allow for third parties to register and use the trademarks of others. Failing to register and claim a company's valuable trademarks as usernames can be a real problem later when someone else starts using them. Best to be proactive in protecting trademarks.

If It Walks Like A Duck And Quacks Like A Duck, It's A Trademark

Thu, 03 Jan 2013 08:04:00 -0600

Unlike patents and copyrights, the subject matter of which is strictly limited by statute, trademarks are not limited whatsoever by subject matter. Instead a trademark is defined by what it does, not by what it is. Thus, there are registered trademarks for things including colors, scents, movements, sounds, personae, photos, product designs, product packaging, architectural designs (exterior and interior), and other things that can not be easily categorized.

Register a Trademark With a Qualified and Legal Trademark Registration Firm

Tue, 18 Dec 2012 10:08:40 -0600

There are many people out there who are inventors or creators and devise ways and means to make our lives easier or use their ideas to better this world that we live in. There are many products available that are created everyday and it is very important to ensure that a trademark is registered for each.

How To Compare Trademark Registration Services Online

Fri, 14 Dec 2012 15:07:30 -0600

Finding the right website to register your valuable trademark assets is a daunting task. Trademark registration is simply a very confusing subject and unfortunately many of the websites that offer this service make it even more confusing for you. As just one example, many offer multiple packages to choose from.

Protect Your Brand With a Registered Trademark

Mon, 03 Dec 2012 10:48:25 -0600

If you have put in the hard yards building and developing your brand then it is up to you to protect all of that hard work. Imagine how you would feel if consumers start to recognize your product or service only for someone else to start using your company name or logo. In order to protect your business it is vital you register a trademark so others cannot profit from your hard work. Here we will examine what a registered trademark is and the steps you can take to protect your developing brand.

Trademark Registration: All You Need to Know

Mon, 03 Dec 2012 10:45:29 -0600

A trademark is a symbol, a word or a phrase that is used to define the source of goods from others similar. Owning a trademark has its advantages. A registered trademark prevents the product from being copied by another similar product. Trademark registration is not a very easy process. It needs one to be patient and thorough. This process can be undergone with or without involving a trademark lawyer. Let us have a look at the processes involved.

New Zealand's Membership of the Madrid Protocol Trademark Registration System

Thu, 29 Nov 2012 09:10:22 -0600

After years of deliberation and calls to join the Madrid Protocol for the International Registration of Trademarks, on 10 December 2012, New Zealand will become party to this system, which permits Trademark owners to register their Trademark in a raft of countries, under cover of a single Registration that can be extended to other member countries, as required. From this date, Applicants will be able to designate New Zealand in a Madrid Protocol Registration, in the same way that can be done for many of the most important commercial nations/territories, such as the EU (Community Trademark), the USA, China, Japan and Australia. At present, Canada still sits outside of the system and requires a national Trademark Application to be filed.

Croatia and the Community Trademark: The Implications

Tue, 27 Nov 2012 15:23:50 -0600

On 1 July 2013, Croatia will join the European Union and membership of the Community Trademark (CTM) will extend to 28 countries. At present, the 27 countries covered by the Community Trademark are Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, The Netherlands and the UK. At the date of accession, Croatia will be added to the countries protected by the Community Trademark (a cost effective mechanism to obtain pan-European registration under cover of a single Trademark Registration) and existing Community Trademark rights will extend to and be enforceable in Croatia, without the payment of additional filing fees.

Steps to Protect Brands on Social Networking Sites - Terms of Use Agreements

Fri, 16 Nov 2012 09:49:29 -0600

Social media marketing is a business must-have. This article provides practical steps for protecting brands online so companies can leverage the power of social networking sites.

The Chinese Trademark Trap

Tue, 13 Nov 2012 14:00:24 -0600

Businesses contracting for manufacturing in China are occasionally caught in the Chinese Trademark Trap. The trap is set when the Chinese manufacturer registers the trademarks on the manufactured product. The trap is sprung when the contracting business tries to switch manufacturers, and the current manufacturer threatens to shut down operations at the new manufacturer for trademark violations.

What Are the Advantages of a Registered Trademark?

Fri, 09 Nov 2012 15:54:29 -0600

A trademark is a symbol or sign that can distinguish your services or products for those of your competitors. It may be designated by several symbols including the TM (Trade Mark) and SM (Service Mark), as well as the Circle-R or the federal registration symbol.

Small Claims Track Aids Creative Rights Holders

Thu, 08 Nov 2012 11:53:42 -0600

With the advent of a new small claims track in the Patents County Court, SMEs and individuals can now enforce their creative and Intellectual Property rights with less formality, cost and increased speed. From 1 October 2012, the new small claims track came into being and is now available to any dispute relating to trademarks, passing off, copyright or unregistered designs, provided that the value of the claim does not exceed 5,000 GBP. Given the bar on the claim value, the procedure is not available to litigate patent or registered design rights. Interim injunctions are not available under the small claims track but final injunctions are.

Trademark Clearinghouse: Be Prepared for the Generic Level Domain (GTLD) Explosion

Thu, 08 Nov 2012 11:50:26 -0600

The Internet Corporation for Assigned Names and Numbers (ICANN) has come up with an innovative solution, called "The Trademark Clearinghouse", designed to close the gap between domain names and registered trademark rights holders. The Trademark Clearinghouse will soon be incorporated into the new registration system for Generic Level Domains (gTLDs) to authenticate and protect registered trademark rights. There are different types of gTLDs, including geographical domains (for example, .scotland), community domains (such as .hiv), brand names (.ferrari) and generic/descriptive domains (such as .shop or .hairdresser).

Main Benefits of Trademark Registration

Tue, 06 Nov 2012 10:13:24 -0600

Trademark registration is the most cost effective and quickest way to secure business identity, commercial advantage and market position. Many business owners do not realize the importance of securing their intellectual property rights using trademarks. Registering a trademark grants a bundle of exclusive rights that are only applicable to the owner. Here are a few legal and commercial advantages of trademark registration.

Patents and Trademark Registration

Tue, 06 Nov 2012 09:46:37 -0600

As an inventor, or individual who has come up with a great idea, you must get a patent and register to ensure you get the trademark registration, so that no one or no company can steal your idea. You have to take the proper steps to ensure your name is tied to the product, service, or invention, and to ensure it is properly registered, so that no one else can use the idea that you have come up with, without your permission, or without first paying you some type of royalty for the use of the idea.

Trademark Basics

Wed, 17 Oct 2012 12:02:49 -0500

What is a trademark? Should you instead "get a copyright" or "get a patent"? Understanding the basic facts about trademarks can avoid misunderstanding and give you the knowledge to protect your hard work and grow your business or other activities.

Different Types of Trademark Application

Thu, 27 Sep 2012 14:22:41 -0500

This article briefly describes the different forms of trademark applications and when they are appropriate for your goals and situation. By understanding which application is best for you, you can better utilize your time and money.

Protecting Brands From Infringement and Knock Offs - Part II Advanced Techniques

Mon, 17 Sep 2012 08:26:41 -0500

This article provide 6 advanced techniques to protect brands from counterfeiting, knock offs, and trademark infringement. The techniques include protecting against gray market goods, infringement in social media, and on eBay. Strategies include using Texas state law to take pre-suit depositions of suspected infringers and using Customs to stop infringing goods at the border.

Protecting Brands From Knock Offs and Infringement - Part I

Mon, 10 Sep 2012 08:43:49 -0500

The following is a summary of basic and advanced tips I have developed for protecting clients' interests in their trademarks and brands. Techniques include registration of trademarks and trade dress, conducting intellectual property audits to uncover trademarks, proactively policing brands online, registering trademarks as domain names, recovering infringing domain names, and considerations when litigation is imminent.

Enhance Your Economic Opportunities With an EB-5 Investor Visa

Thu, 30 Aug 2012 11:19:58 -0500

Taking a step to get the EB-5 visa is all you need to transform your business or investment plan. It's like killing two birds with one stone: enhancing your investment plan and getting citizenship. As a result, you shouldn't fear trying as each and every case is independently reviewed and eligibility of every applicant ascertained.

You Can Trademark A Container, Let's Talk

Mon, 27 Aug 2012 07:52:35 -0500

As a former Franchisor Founder I spent a whole lot of my time making sure our business model was sound and our brand name was strong. That meant paying attention to all the details, including our trademarks and trade dress. Since we had basically conceived the mobile car washing industry on the West Coast, we were first to market, but hardly without immediate competition once we started making money. That meant we needed to have a strong differentiation at all times.

Can You Trademark a Color in Your Industry? Yes, And a Tune Too

Mon, 27 Aug 2012 07:50:58 -0500

In the 1980s there were several books on business branding suggesting that companies and corporations should in fact appeal to all the known human senses with brand identification. This makes sense, and indeed, most all of this is trademark-able, as it has to do with "trade dress" and there's a bit of common law here protecting companies who use sounds, colors, taste, touch, and even smell.

How to Stop Service and Trademark Violations By Competitors and Would-Be Start-Ups

Sun, 26 Aug 2012 21:31:17 -0500

Well, if you are in a small business of your own chances are a competitor or would-be start up has copied something you've done. Whereas, they say that imitation is the highest form of flattery, it isn't so great when someone copies what you are doing to steal your business or your customers away. My first experience with this was when I was 17 years old and I had been running a mobile car wash business, a service sector which I basically invented out in California in the late 70s and early 80s. I created flyers to pass out to customers.

What is the Eb5 Investment Visa and Its Requirements?

Fri, 24 Aug 2012 13:56:29 -0500

Investing your hard earned money requires a lot of planning and good business ideas for you to get decent returns after the desired period of time. By applying and acquiring the eb-5 investment visa, you increase your chances of succeeding in business and thus growing your investment.

Genuine Use of a Community Trademark - It's Not Where You Use But How You Use

Thu, 16 Aug 2012 15:53:36 -0500

The question of whether use of a Community Trademark in just one European Member State is "genuine use", sufficient to defeat a revocation action for non-use, has been a question on the lips of Trademark owners and practitioners alike since the inception of the Community Trade Mark. A recent opinion issued by the Attorney General in Leno Merken BV v Hegelkruis Beheer BV (149/11) has stated that the assessment of "genuine use" is not all about geography but instead, it is part of a market based assessment.