| Why would I register my trademark?
Registering your trademark provides you with rights throughout the United States for the use of the trademark for the use specified in your registration. Trademark registration is the legal protection and security of your business brand. It is important to own your brand!
What is infringement?
Infringement is when a registered and protected trademark issued by someone else without expressed permission of a license. Infringement is serious business! The standard on review is whether there is a likelihood of confusion. It is Important to get an attorney to search the trademark registers for you to make sure that YOU are not infringing on the trademark of another, even unintentional infringement is infringement you could be sued and issued a cease and desist order forbidding you from operating your business.
Can I file my own Trademark Registration?
Sure. Many people file for their own trademark only to be confused upon receiving an office action that rejects their mark as “merely descriptive”. A descriptive mark is highly beneficial to convey to the public what goods or services you are selling, but it is not a good trademark. While there are actions that can be taken to overcome a “merely descriptive” rejection, most individuals do not have the experience to know what they are. Thus, using a trademark attorney can overcome many of these problems from the beginning.
Examining attorneys at the U.S. Patent & Trademark Office (USPTO) may require disclaimer of parts of the mark. This can often be confusing to the inexperienced, but can readily be handled by your trademark attorney.
How Long does Trademark Registration last?
Trademark registration can last indefinitely as long as it is officially registered with the United States Patent & Trademark Office (USPTO). The owner of a trademark must maintain active use of it for the goods and/or services it was registered to cover, as they were outlined in the previously submitted filings to the USPTO office. The owner must also continually renew and update the trademark registration by periodically filing Affidavits of Continued Use or Excusable Nonuse and Applications for Renewal.
Does Trademark Registration cover me if I do business outside the United States?
No, but once a trademark is registered in the United States there are procedures that will extend the trademark protection to a selected country through the International Bureau of the World Intellectual Property Organization. There are participating countries as outlined in the Madrid Protocol.
What are the common trademark symbols?
The symbol “®” can only be used for a federally registered trademark. The registration symbol cannot be used during the application process which can sometimes take 6 months to 12 months. The symbol “TM” stands for trademark and “SM” stands for service mark, these symbols cam be used for any mark even if no official registration has been filed with the USPTO.
Are samples submitted with trademark registration?
For trademark applications, labels, tags, and containers are acceptable specimens, while for service marks, magazine advertisements or brochures will suffice. Note that even though the USPTO recommends submitting actual specimens, a photocopy or picture can be used in place of bulky (larger than 8½” x 11″) specimens. Specimens provide evidence of use for a specific mark by providing real-world examples of the mark being used on existing goods or offered for existing services. When filing a trademark or service mark registration, an individual is required to submit at least one specimen for each class of good or service claimed in their application.
Can I use the same trade name as another if we are not in the same business?
Perhaps. That would be called concurrent use; the USPTO can allow two or more unrelated parties to use a similar trade name. The key to concurrent use registration is the question of whether similar trademarks can co-exist without causing consumer confusion. Restricting a trademark registered under concurrent use to a specific geographic region limits the possibility of it impeding upon the territory of other similar trademarks and potentially helps avoid conflicts of confusion.
Can I use a name as a trademark?
Perhaps. However, it must be demonstrated that the name is distinctive and unique. If the name being filed for trademark registration refers to another currently living person, that person must first grant permission to file the name as a trademark as part of the filing process. If the name is a made up name and does not refer to a person, then there are no permission.
What is a Copyright?
Copyright, or the right to make copies, is protection for artistic expression set into a tangible form. Artistic expression includes such things as written words (books, magazines, signs, and poems), music (both the words and lyrics, and also the performance when recorded), and works of visual art, motion pictures, and computer software.
How long does Copyright protection last?
Basic copyright protections last until 70 years as after the creator’s death. Works created under the direction of a company last either 95 years from the date the work was published or 120 years from the date the work was created, whichever is shorter.
What is a “Poor Man’s “Copyright?
A poor man’s copyright is created by mailing your work to yourself in a sealed envelope via the federal portal system instead of registering the copyright. However, this practice is discouraged because you still have to prove that the work was done. There are ways to “fake” as poor man’s copyright. In the instance of a challenge the poor man could be even poorer trying to prove the authenticity of the work in the envelope!
Does copyright protection extend overseas?
In some cases, yes. The United States has reciprocal copyright relations with certain countries. Additionally, there are several international copyright agreements that set minimum international copyright standards.
Is it illegal to download work from the internet?
Yes, It is illegal to download copyright protected work from a without first purchasing an authorization to do so. There are websites that are considered “authorized” services, whereby a user can purchase a copyrighted work online before downloading it on their computer. These services provide legal means of distributing copyrighted works through the Internet, and by purchasing works through them, a user can avoid copyright infringement risks.
What are the damages for copyright infringement?
Damages for copyright infringement range up to $30,000 for each work infringed and up to $150,000 for each work infringed if intentional infringement can be proven by the copyright owner. There is also the likelihood of a permanent injunction.
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