Tags |
|
|
Links |
|
|
Digg it UP - Protecting A Logo: One Key to Branding Success
Delaware's business friendly government with its modern laws, suitably complemented by the Court of Chancery makes Delaware the ideal place for any business to incorporate. Delaware incorporation is definitely much easier and beneficial for businesses when compared to the other states, because of all these contributing factors.With so many favorable factors, Delaware has definitely had its share of the business pie, being home to more than 60% of the Fortune 500 companies in the USA and large number of publicly traded companies. Though every company has their own reason for incorporating in Delaware, it seems to have just the right thing to fulfill the requirements for every business demand.Delaware allows out of state incorp
Although the methods of searching for a word mark are different from that of a logo, the examination process for each type of mark is very much the same. One of the main issues considered by the examining attorney is whether an applicant’s mark would create a likelihood of confusion with any registered or pending marks. The examining attorney searches registered trademarks and pending trademark applications for marks substantially similar to the applicant’s mark as to be likely to cause confusion as to the source of the goods or services. If the examining attorney discovers any such confusingly similar marks, applicant’s mark will be refused registrati
Recently there was a week long Virtual Seminar on the web and as a matter of fact, it is still going on. You could attend and listen in for days at a time or you could buy the information and download it later. Both options seem excellent and the price tag is reasonable. The topics and speakers are top notch and probably people I would like to hear in person. So, how popular are these virtual seminars? The results are not yet in and I have only heard a few comments on the quality of the information. Frankly, I like the way Fred Gleeck conducts his seminars, he delivers a lot of information and huge value, even if the event is free. However, most of the other speakers I have heard give little information and want you to buy they ex
Many trademark applications are filed using simple word marks in a standard character drawing. The standard character form is appropriate when the applicant wishes to register a mark that consists only of one or more words, letters, numbers, common forms of punctuation, or combinations of any of these elements, without any particular stylization. On the other hand, a trademark application for a logo cannot be filed using a standard character drawing. Instead, a special form drawing must be used. Special form drawings are required if the mark includes a two or three dimensional design, color, or words, letters, or numbers in a stylized form. Despite the fact that different drawing forms are required, a logo may be registered as a trademark just as easily as a word mark.
Another difference between logos and word marks becomes readily apparent when conducting a trademark search. Word marks may be easily searched by keyword to locate marks that are the same as or similar to the mark being searched. But how does one search for a logo, especially if the logo does not contain words? The answer lies in the design codes.
The United States Patent & Trademark Office (USPTO) maintains a searchable design mark database. Trademarks that only contain standard characters, type print, block or stylized lettering are not coded because they do not include design elements. However, if a trademark registration or application does contain a design element, then the mark gets coded based upon the particular designs featured in the mark.
The design search code is a numerical classification index that codifies design elements into categories, divisions, and sections. There are currently twenty-nine categories ranging from celestial bodies, natural phenomena, and geographical maps (category 1) to arms, ammunition, and armor (category 24). Each design element in a specific category is given a six-digit number, with the first two numbers indicating the category, the second group of two-digit numbers representing the division, and the last group of two-digit numbers indicating the section. For example, the Mercedes-Benz “Star” is coded as 01.01.01, which represents celestial bodies, natural phenomena, and geographical maps (category 01); stars, comets (division 01); and stars with three points (section 01).
Using the design codes, a search can be performed to review all designs with a particular design element, or all designs which incorporate a combination of design elements. For example, if you wanted to review all the designs featuring a cat wearing a top hat, you would enter the design codes for domestic cats (03.01.04) and top hats (09.05.02).
Although the methods of searching for a word mark are different from that of a logo, the examination process for each type of mark is very much the same. One of the main issues considered by the examining attorney is whether an applicant’s mark would create a likelihood of confusion with any registered or pending marks. The examining attorney searches registered trademarks and pending trademark applications for marks substantially similar to the applicant’s mark as to be likely to cause confusion as to the source of the goods or services. If the examining attorney discovers any such confusingly similar marks, applicant’s mark will be refused registratio
What's the cheapest, most under-used marketing tool you have?The answer's no secret ... it's your business cards. If you aren't making them work for you, you may be missing an excellent opportunity at leveraging a cost effective marketing tool.By the time you have read this article, you'll know several ways in which you can increase your profits by wringing every last cent of value from the advertising power of business cards.Business card contentEveryone knows what a business card contains, so I'll keep this brief and focus on what some people don't have on their cards. Every possible way to contact you. Don't just give your address and telephone number - give it all; fax, phone, mobi
Another difference between logos and word marks becomes readily apparent when conducting a trademark search. Word marks may be easily searched by keyword to locate marks that are the same as or similar to the mark being searched. But how does one search for a logo, especially if the logo does not contain words? The answer lies in the design codes.
The United States Patent & Trademark Office (USPTO) maintains a searchable design mark database. Trademarks that only contain standard characters, type print, block or stylized lettering are not coded because they do not include design elements. However, if a trademark registration or application does contain a design element, then the mark gets coded based upon the particular designs featured in the mark.
The design search code is a numerical classification index that codifies design elements into categories, divisions, and sections. There are currently twenty-nine categories ranging from celestial bodies, natural phenomena, and geographical maps (category 1) to arms, ammunition, and armor (category 24). Each design element in a specific category is given a six-digit number, with the first two numbers indicating the category, the second group of two-digit numbers representing the division, and the last group of two-digit numbers indicating the section. For example, the Mercedes-Benz “Star” is coded as 01.01.01, which represents celestial bodies, natural phenomena, and geographical maps (category 01); stars, comets (division 01); and stars with three points (section 01).
Using the design codes, a search can be performed to review all designs with a particular design element, or all designs which incorporate a combination of design elements. For example, if you wanted to review all the designs featuring a cat wearing a top hat, you would enter the design codes for domestic cats (03.01.04) and top hats (09.05.02).
Although the methods of searching for a word mark are different from that of a logo, the examination process for each type of mark is very much the same. One of the main issues considered by the examining attorney is whether an applicant’s mark would create a likelihood of confusion with any registered or pending marks. The examining attorney searches registered trademarks and pending trademark applications for marks substantially similar to the applicant’s mark as to be likely to cause confusion as to the source of the goods or services. If the examining attorney discovers any such confusingly similar marks, applicant’s mark will be refused registrati
Businesses can be incorporated online. Incorporation can be done filing papers and handing over the forms to the office of the Secretary of State where they will be incorporated. It can be done by the applicant or by a lawyer. If you chose to do it yourself, online medium offer a fairly easy way. There are intermediaries who will do if for you, but you must keep in mind that they are just service providers and don’t offer any legal advice.There are many of service providers on the Internet who provide incorporation services. The services include filing the papers, providing registered agents for those states where the business is to be incorporated, name checking and final delivery of the documents. The charges include state filing
The United States Patent & Trademark Office (USPTO) maintains a searchable design mark database. Trademarks that only contain standard characters, type print, block or stylized lettering are not coded because they do not include design elements. However, if a trademark registration or application does contain a design element, then the mark gets coded based upon the particular designs featured in the mark.
The design search code is a numerical classification index that codifies design elements into categories, divisions, and sections. There are currently twenty-nine categories ranging from celestial bodies, natural phenomena, and geographical maps (category 1) to arms, ammunition, and armor (category 24). Each design element in a specific category is given a six-digit number, with the first two numbers indicating the category, the second group of two-digit numbers representing the division, and the last group of two-digit numbers indicating the section. For example, the Mercedes-Benz “Star” is coded as 01.01.01, which represents celestial bodies, natural phenomena, and geographical maps (category 01); stars, comets (division 01); and stars with three points (section 01).
Using the design codes, a search can be performed to review all designs with a particular design element, or all designs which incorporate a combination of design elements. For example, if you wanted to review all the designs featuring a cat wearing a top hat, you would enter the design codes for domestic cats (03.01.04) and top hats (09.05.02).
Although the methods of searching for a word mark are different from that of a logo, the examination process for each type of mark is very much the same. One of the main issues considered by the examining attorney is whether an applicant’s mark would create a likelihood of confusion with any registered or pending marks. The examining attorney searches registered trademarks and pending trademark applications for marks substantially similar to the applicant’s mark as to be likely to cause confusion as to the source of the goods or services. If the examining attorney discovers any such confusingly similar marks, applicant’s mark will be refused registrati
The first rule of thumb to remember when designing and producing a custom coin is that it is imperative that the customer and manufacturing work closely as a team throughout the entire process. This will assure the best possible product. A coin that the customer will be as proud to present as their staff is to receive.There are basically eight steps to creating a custom coin. They are:Customer/Manufacturers CommunicationsArt PreparationSelect Size/quantity of coins to be orderedSelect shape of coinSelect FinishSelect ColorsSelect any optionsSelect any packagingna, and geographical maps (category 1) to arms, ammunition, and armor (category 24). Each design element in a specific category is given a six-digit number, with the first two numbers indicating the category, the second group of two-digit numbers representing the division, and the last group of two-digit numbers indicating the section. For example, the Mercedes-Benz “Star” is coded as 01.01.01, which represents celestial bodies, natural phenomena, and geographical maps (category 01); stars, comets (division 01); and stars with three points (section 01).
Using the design codes, a search can be performed to review all designs with a particular design element, or all designs which incorporate a combination of design elements. For example, if you wanted to review all the designs featuring a cat wearing a top hat, you would enter the design codes for domestic cats (03.01.04) and top hats (09.05.02).
Although the methods of searching for a word mark are different from that of a logo, the examination process for each type of mark is very much the same. One of the main issues considered by the examining attorney is whether an applicant’s mark would create a likelihood of confusion with any registered or pending marks. The examining attorney searches registered trademarks and pending trademark applications for marks substantially similar to the applicant’s mark as to be likely to cause confusion as to the source of the goods or services. If the examining attorney discovers any such confusingly similar marks, applicant’s mark will be refused registrati
There are income strategies, multiple streams of income strategies and wealth strategies. Getting to know about, learn, understand and then apply them all successfully could be a daunting task for most. One very valuable suggestion that most of the great achievers have stated is to find a mentor who has achieved success and follow what they have done.That is very good advice. Again, the next question anyone would ask is “How?”.You could attend the seminars of the mentor you want, read their books or even try to contact them directly.Over the last couple of years what I have observed is a much faster and much more effective method is to get involved with CEO Space by IBI Global. In my experience, I have met many entre
Although the methods of searching for a word mark are different from that of a logo, the examination process for each type of mark is very much the same. One of the main issues considered by the examining attorney is whether an applicant’s mark would create a likelihood of confusion with any registered or pending marks. The examining attorney searches registered trademarks and pending trademark applications for marks substantially similar to the applicant’s mark as to be likely to cause confusion as to the source of the goods or services. If the examining attorney discovers any such confusingly similar marks, applicant’s mark will be refused registration.
Similarity between word marks is found by comparing the appearance, sound, and meaning of the applicant’s mark and the cited marks. A finding of similarity as to any one of the above factors may be sufficient to support a refusal based upon a likelihood of confusion. With logos, the question of the similarity of the marks is determined primarily on the basis of their visual similarity. However, if the logo contains words, greater weight is often given to the word portion of the mark. On the other hand, if the words are merely descriptive or generic, the design portion of the mark would be given greater weight. That being said, the mark, whether a word mark, logo, or combination logo-word mark, must be viewed as a whole, and each case turns on its own facts.
A memorable or flashy logo can go a long way in helping build strong brand recognition. New businesses or existing businesses that use logos to mark their goods or services should take the required steps to protect such valuable assets. Having a trademark search performed can help determine whether the logo is available for use and registration. It is advisable to conduct a search as early as possible to prevent spending thousands of dollars developing and promoting the logo only to find that a confusingly similar logo already exists. If the search results are favorable, the next step towards gaining trademark protection for your logo is filing a trademark application with the USPTO. If your logo ultimately registers, you will receive all the rights and benefits associated with federal trademark registration.
© 2006, Gallagher & Dawsey Co., LPA December 2006
DISCLAIMER
We hope you understand that a brief article cannot provide accurate legal advice. Accordingly, nothing in the above is intended as specific legal advice to any person. Such legal advice can only be given by a qualified practitioner after a careful review of all the individual facts. We urge you to consult us, or another licensed professional, before you proceed.
HTTP = HTML link (for blogs, profiles,phorums):
<a href="http://www.diggitup.net/article/7680/diggitup-Protecting-A-Logo-One-Key-to-Branding-Success.html">Protecting A Logo: One Key to Branding Success</a>
BB link (for phorums):
[url=http://www.diggitup.net/article/7680/diggitup-Protecting-A-Logo-One-Key-to-Branding-Success.html]Protecting A Logo: One Key to Branding Success[/url]
Related Articles:
Selling Your Home? Why You Should Have It Undergo Fontana Mold Testing
How-To Transform your Unorganized Office into an Efficient, Productive Office
Sticker Printing Jobs for Your Small Business Success
Bookmark it:
|