The Millionaire Mind Support Network

Copyrights, Patents, and Trademarks —

Protecting your ideas or Inventions from Others’ Infringement

Just a reminder — I’m not a lawyer, I don’t even play one on TV and I did not stay at a Holiday In Express last night. I’m just a retired SBDC counselor, who knows where to look stuff up — both online and IRL. In this case my source is the SBA.

Can the Office refuse to register a mark?

Yes. The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols, or devices function as trademarks. For example matter which is merely the generic name of the goods on which it is used cannot be registered. Additionally, Section 2 of the Trademark Act (15 U.S.C. §1052) contains several of the most common (though not the only) grounds for refusing registration. The grounds for refusal under Section 2 may be summarized as: the proposed mark consists of or comprises immoral, deceptive, or scandalous matter, the proposed mark may disparage or falsely suggest a connection with persons (living or dead), institutions, beliefs, or national symbols, or bring them into contempt or disrepute, the proposed mark consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, the proposed mark consists of or comprises a name, portrait or signature identifying a particular living individual, except by that individual’s written consent, or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow, the proposed mark so resembles a mark already registered in the Patent and Trademark Office (PTO) that use of the mark on applicant’s goods or services are likely to cause confusion, mistake, or deception, the proposed mark is merely descriptive or deceptively mis-descriptive of applicant’s goods or services, the proposed mark is primarily geographically descriptive or deceptively geographically mis-descriptive of applicant’s goods or services, and the proposed mark is primarily merely a surname.

Can I get a refund of monies paid to the Office?

Not usually. Only money paid by mistake or in excess (that is, paid when not required, or not required in the amount paid) may be refunded. A filing fee will be returned if submitted with a defective application which is denied a filing date. However, once the application receives a filing date, the filing fee will normally not be returned. All requests for refunds should be referred to the Finance Office, or the Examining Attorney assigned.

How can I check on the status of a pending U.S. trademark application?

Once you receive a filing receipt containing the serial number of your application, you may check on the status of a pending case by calling our status line at (703) 305-8747.

How long does it take for a mark to be registered?

It is difficult to predict how long it will take for an application to mature into a registration, because there are so many factors that can affect the process. Generally, an applicant will receive a filing receipt approximately six months after filing. The filing receipt will include the serial number of the application. All future correspondence with the PTO must include this serial number. You should receive a response from the Office within six to seven months from filing the application. However, the total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application.

Current status information on trademark applications and registrations may be obtained by dialing: (703) 305-8747. Applicants should check on the status of their pending applications every six months.

Source: SBA Publications

Copyright © Millionaire Minds, LLC 2007
All writings here are copyrighted. You may not use them without written permission but you may link to the posts or give out a link to the posts. And remember, You Have a Millionaire Mind!

Copyrights, Patents, and Trademarks —

Protecting your Ideas or Inventions from Others’ Infringement

Just a reminder — I’m not a lawyer, I don’t even play one on TV and I did not stay at a Holiday In Express last night. I’m just a retired SBDC counselor, who knows where to look stuff up — both online and IRL. In this case my source is the SBA.

The Patents and Trademarks registration process refers to a specimen. What exactly is a specimen?

A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures. Actual specimens, rather than facsimiles, are preferred. However, if the actual specimens are bulky, or larger than
81/2″ x 11″, then the applicant must submit facsimiles, (e.g., photographs or good photocopies) of the specimens. Facsimiles may not exceed 81/2″ x 11″. THREE SPECIMENS ARE REQUIRED FOR EACH CLASS OF GOODS OR SERVICES SPECIFIED IN THE APPLICATION. The three specimens may be identical. Specimens are required in applications based on actual use in commerce, Section 1(a), 15 U.S.C. §1051(a), and must be filed with the Amendment to Allege Use, 15 U.S.C. §1051(c), or the Statement of Use, 15 U.S.C. §1051(d), in applications based on a bona fide intention to use the mark in commerce, Section 1(b), 15 U.S.C. §1051(b). Specimens are not required for applications based on Section 44 of the Trademark Act (for owners of foreign trademark applications and registrations), 15 U.S.C. §1126.

What is the drawing?

The drawing is a page which depicts the mark applicant seeks to register. In an application based on actual use, Section 1(a), 15 U.S.C. §1051(a), the drawing must show the mark as it is actually used, i.e., as shown by the specimens. In the case of an application based on a bona fide intention to use, Section 1(b), 15 U.S.C. §1051(b), the drawing must show the mark as the applicant intends to use it. In an application based on a foreign application or foreign registration, Sections 44(d) or 44(e), 15 U.S.C. §§1126(d) and (e), the drawing must depict the mark as it appears or will appear on the foreign registration. The applicant cannot register more than one mark in a single application. Therefore, the drawing must display only one mark.

If an applicant submits specimens, is a drawing still required?

Yes. A drawing is required in all applications, and is used by the Office for several purposes, including printing the mark in the Official Gazette, and ultimately on the registration certificate itself. Specimens, on the other hand, are required as evidence that a mark is in actual use in commerce.

Source:SBA Publications

Copyright © Millionaire Minds, LLC 2007
All writings here are copyrighted. You may not use them without written permission but you may link to the posts or give out a link to the posts. And remember, You Have a Millionaire Mind!

Copyrights, Patents, and Trademarks —
Protecting your Ideas or Inventions from Others’ Infringement

Just a reminder — I’m not a lawyer, I don’t even play one on TV and I did not stay at a Holiday In Express last night. I’m just a retired SBDC counselor, who knows where to look stuff up — both online and IRL. In this case my source is the SBA.

What are common law rights?

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.

What is a common law search and is it necessary?

A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers, among others, in an effort to determine if a particular mark is used by others when they have not filed for a federal trademark registration. A common law search is not necessary but some find it beneficial. Telephone numbers for search firms that perform these searches for a fee can be found in the yellow pages of local phone directories and through an internet search.

How do I find out if I need patent, trademark and/or copyright protection?

Patents protect inventions and improvements to existing inventions. Copyrights cover literary, artistic, and musical works. Trademarks are brand names and/or designs which are applied to products or used in connection with services.

Can I search patents online?

Some patent databases are available on http://www.uspto.gov/main/trademarks.htm just click on Search Patents.

How do I obtain a federal trademark registration?

A registration may be applied for by filing a properly executed application with the Patent and Trademark Office (PTO). The application, and any accompanying communications, should be addressed to “Assistant Commissioner for Trademarks, Box New App/Fee, 2900 Crystal Drive, Arlington, VA 22202-3513.”

You may access the trademark forms, plus information about applying for a trademark at http://www.uspto.gov/main/trademarks.htm and by clicking Basic Facts About Registering a Trademark. The forms may be downloaded, filled out, and mailed in, or, by clicking PrinTEAS, you can fill out, validate, and print trademark and service mark applications via the PTO web site.

Who may file an application?

Only the owner of the trademark may file an application for its registration. An application filed by a person who is not the owner of the mark will be declared void. Generally, the person who uses or controls the use of the mark and controls the nature and quality of the goods to which it is affixed or the services for which it is used is the owner of the mark.

Do I have to use the application form provided by the Office?

No, but the format used must comply with all Patent and Trademark Office (PTO) requirements. The prepared PTO form is provided as a convenience. The PTO recommends use of the form to avoid the omission of important information.

Can a fax copy or photocopy of an application be filed?

Yes. However, there is no provision for filing an application by means of facsimile transmission, i.e., by faxing it to the Office. Applications, whether originals or copies, must be filed either by hand or by mail. A faxed copy can be submitted either by U.S. mail or hand delivery.

Source:SBA Publications

Copyright © Millionaire Minds, LLC 2007
All writings here are copyrighted. You may not use them without written permission but you may link to the posts or give out a link to the posts. And remember, You Have a Millionaire Mind!

Product Basics

Once you have identified a problem or need and have developed or found a product or process to solve it, you need to promote your solution to your targeted market. To successfully reach and sell to your potential market you will need to identify your product’s unique features and benefits for your advertising campaign.

Products may be described in terms of their features and benefits.

Features are product characteristics; benefits are customer needs served by those features. Some examples of features are size, color, horsepower, functionality, design, hours of business, and fabric content.

Benefits are less tangible but always answer the customer’s question:

What’s in it for me?

While product features are usually easy to define, product benefits can be trickier because they exist in the customers’ minds. The most compelling product benefits are those that provide emotional or financial rewards. It’s not the brighter smile that the toothpaste offers that is its benefit; it’s what the smile might bring you (more friends, a better job, etc.).

Emotional rewards run the gamut of human emotions, but basically allow the buyer to feel better in some way. For example, sending flowers to a friend or family member allows the buyer to feel supportive or loving. Buying products made from recycled materials offers the buyer the chance to feel environmentally responsible.

Products that deliver financial rewards allow the buyer to save money (e.g., a discount long-distance phone plan) or make money (e.g., computer software for managing a home-based business).

• Can you make a list of both the features and the benefits of your product or service?
• Are you featuring your product or services’ benefits in your current marketing campaign?
• Can you think of any new ways to reach more clients with your product or service?

Millionaire Minds are always expanding!

Copyright © Millionaire Minds, LLC 2007
All writings here are copyrighted. You may not use them without written permission but you may link to the posts or give out a link to the posts. And remember, You Have a Millionaire Mind!