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patent trademark Tagged Articles



Protecting Their Property
Minimize your risk of an intellectual property lawsuit by covering all your bases.

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Trademark Renewal & Maintenance – How Do I Keep My Trademark?
After you’ve applied for your trademark, there will be a waiting period of approximately 18 months before your name is actually registered with the United States Patent & Trademark Office (herein referred to as the USPTO). Until then, it will be listed as "Pending." Sometimes there are hold-ups; the USPTO may not allow you to use the name you’ve chosen to apply for because there is a similar name already trademarked.

How Do You Get a Trademark?
While some individuals choose to hire attorneys to walk them through the process of applying for a trademark, others choose to use a trademark research firm, which can cost thousands of dollars less. It is important to remember when hiring someone to do your research that they not only search through Federal and State trademark records for name similarities, but also Common-Law listings.

Do You Need a Registered Trademark?
It's less of a need than a want. Registering a trademark is NOT mandatory. However, are you a business owner, or do you work with a business that does not currently have a trademark registered or pending with the USPTO? If this last statement in any way describes you, then YES, you may benefit from having a trademark.

Patent Law India
Patent law has been formulated with an objective to promote and protect the inventions and methods. The object of granting a patent is to encourage and develop science, technology and industry. A patent can be defined as a grant of exclusive rights to an inventor over his invention for a limited period of time. The exclusive rights conferred include the right to make, use, exercise, sell or distribute the invention in India. The term of a patent is twenty years, after the expiry of which, the invention would fall into the public domain.

Software Patents: Time for a Change
I always advise software startups to file patents to protect their “secret sauce” from competitors, and to increase their valuation. I don’t have much conviction that it really does stop competitors, but I do know the rule of thumb that every patent will add $1M to your startup valuation for investors, or for M&A exits (merger and acquisition). Yet the software patent process is a mess. I say this with conviction even after I survived the process, and have a software patent pending.

Trademark Monitoring
After you've had your trademark application filed, it's absolutely necessary that you monitor your trademark in some way. The USPTO does conduct a search of their own files so if someone does file for a Federal trademark after your registration it typically is rejected. However, relying on the USPTO to protect your trademark is a mistake for several reasons.

So You Have An Invention
We get a lot of questions regarding inventions: Where do I start? How can I sell my idea? Is it legal? How can I know that I am not infringing on someone else's patent? Do I need a patent?

Is Your Purpose Patent Still Pending?
Lots of business owners sit around the office tinkering with the notion of that one great innovation to be patented on the road to riches. Well, I think we’ve all got a patent in us but, for many, that patent remains forever pending. The patent I’m referring to is the “purpose patent” – your personal connection to work the serves a deeper purpose. That patent doesn’t need approval from the USPTO, it only needs approval from you.

Using Trademarks and Patents Together = Double Protection for your Business
By having both a registered trademark and a granted patent, a business' products or services can be protected in two distinct ways.

Why Register a Canadian Trademark? Trademarks Defined and Explained
Registration of a trademark is proof of ownership and therefore a key way of protecting a trademark from misuse and imitation. Registration is not obligatory but is recommended because it is a way of verifying the exclusive right that is established through using the trademark in relation to specific products or services. It is important to realize that, while registration affords the greatest possible legal protection against infringement or misuse of a trademark, it is, and can never be, a failsafe guarantee against all problems relating to trademark usage.

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