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trademark filings Tagged Articles
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BEWARE OF NOTICES REGARDING YOUR TRADEMARKS
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Filing an application for U.S. trademark registration makes certain information publicly available in the U.S. Trademark Office records. Several companies have been scraping these records and generating “official looking” notices and even invoices to unsuspecting companies. These notices that appear confusingly similar to governmental agency communications will direct you to pay fees for registration, for monitoring for applications similar to yours and for filing with domestic or international lists, directories, etc |
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Other trademark filings Related Articles
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What is a Trademark Search?
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| A trademark search can, in actuality, be many different things. In theory, a trademark search is performed to determine whether or not the mark you are hoping to use is already taken by another. |
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How Do You Get a Trademark?
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| 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. |
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Do You Need a Registered Trademark?
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| 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. |
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"What the world really needs is more love and less paperwork."
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| True words, Pearl Bailey, but when it comes to trademarks, paperwork is the fuel that keeps the trademark machine running.
I'll devote a few posts to the different types of filings the USPTO requires. That being said, let's start at the beginning. |
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Specimens Not Just for Guys in White Coats Anymore
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| Okay, let's assume that you're at the trademark stage: you've had comprehensive research conducted; the analysis on the research has been done; and (yay!) your name is clear. Now the next step is filing for the Federal trademark. |
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Are Your Trademarks Being Used by Other Companies on Google?
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| Saper Law Offices assists businesses in all areas of trademark law, from registration and filing to litigation. The following article serves as an overview of the effect search engine marketing and Internet “keyword” advertising through Google’s search engine has on a business’s trademark. For a case specific consultation regarding (1) whether or not your use of another’s trademark in a Google Ad could result in legal action, or (2) whether or not you may prevent another business from using your trademark in a Google Adword, a meta tag or as the text of an advertisement, call Saper Law Offices for a consultation at (312) 641-0551 or contact us by email at dsaper@saperlaw.com. If you need assistance with creating and implementing a Google ad campaign, contact www.LegalPPC.com. |
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Trademark Monitoring
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| 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. |
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Uniform Commercial Code - UCC
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| The Uniform Commercial Code, or UCC, is an excellent tool for business owners to protect themselves with small business laws as both creditors and as debtors. Using UCC filings to your advantage can stretch your credit with both lenders and vendors. Likewise, as a creditor, if you keep active UCC filings on your biggest customers, you can protect your business against a client's nonpayment. For example, if you have a nonpaying customer and bring a lawsuit against them, you may wait months for a judgment; and you might not be adequately compensated even if the lawsuit rules in your favor. As a small business owner, you could have a UCC filing from the beginning and prove the debt. |
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Why Register a Canadian Trademark? Trademarks Defined and Explained
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| 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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Annual Government Filings & Minutes - Corporate Maintenance and Compliance
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| Many new business owners are unaware of the important obligations that must be upheld AFTER they have formed a new business entity. All too often there are accounts of entrepreneurs starting a business, incorporating that business, then failing to comply with various government imposed formalities and filings. There are many ongoing government requirements that small business owners need to comply with, namely: annual government reports/returns and fees, notice of a name change, notices of change of registered office, directors and in certain jurisdictions, their shareholders. These forms are different than tax related forms such as tax returns, GST/PST filings and payroll deductions. |
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