"US Patent Office Cancels Redskins Trademark": What Does It Mean?

Today the news media is abuzz with discussion of the cancellation of the "Redskins trademarks" belonging to a U.S. football team, the Washington Redskins. News anchors are reporting to their audiences statements like, "U.S. Patent Office Cancels Redskins Trademarks" and that the team "cannot have trademarks for its name." There are comments by "legal analysts" (supposedly knowledgeable about the legal issues discussed) saying that the Redskins "now have been deprived of the ability, really, to use that name in a commercial context."

The ruling by the Trademark Trial and Appeal Board ("TTAB"), Blackhorse v. Pro Football, Inc., affected the registration of the team's trademarks. Five Native Americans brought a petition to the TTAB to cancel six federal registrations for trademarks containing the word "Redskins." The TTAB found that the petitioners proved by a "preponderance of the evidence" that "Redskins" disparaged Native Americans when used for football. Note, you can still buy red-skinned potatoes. Federal law does not allow registration of trademarks that disparage persons, institutions, beliefs, or national symbols.

A trademark, like the Redskins' trademarks, tells you that they are not other football teams, such as the Minnesota Vikings or the Green Bay Packers. The trademark is owned by the team and the team may choose to register a trademark. For example, you may own a house and you should register the deed with the government. If you do not register the deed to your house or your ownership of your car, you will be at a disadvantage. The system is set up so that it is better to be registered. If you do not register, you still own your property, such as a house, car, or a trademark, but you miss out on the benefits of registration.

For trademarks, registration is optional. The benefits of registration include a legal presumption of ownership, blocking imports of counterfeit foreign products, and using the well-known federal registration ® symbol.

So, what did the Redskins lose today when they lost their trademark registrations? They can still sue someone for infringing their trademarks, but anyone they sue may have additional defenses that would not exist for a registered trademark. So, I do not advise you to run to a screen printer and make a bunch of T-shirts with this logo on them.

The team is not required to change its name and they do not have to stop using the trademarks involved in today's decision.

The ruling said that although the Redskins' trademarks are canceled, the Trademark Office records will not show "canceled" until all appeals and other proceedings are exhausted. The Redskins are allowed to appeal today's cancellation and they have already indicated that they will appeal. The team can take the issue to a federal court to attempt for an independent judge to review the ruling. The Redskins also may consider appealing the decision to a federal appellate court. The team may also choose to pursue trademark registration in individual states or in the District of Columbia, where the state authorities may not see the issues the same way as the TTAB.

So, despite what you may hear from the boob tube, the Redskins did suffer a loss today, but they still own their trademarks and can sue anyone that infringes those trademarks. If the TTAB decision is reversed, then their trademarks will not be taken off the registration list.

The Era of Comparative Advertising

The print and electronic media that we are dealing with does not only canvas the static and current reports about the day-to-day events, but they heavily comprise the advertisements associated with a variety of products. The prior most attempt that the brand owners have into consideration while advertising their products is the gain of maximum viewer attention and at the same time proving their brands far better than the competitors.

Almost all the brands, that we talk of today do have a punch-line which helps it getting recognized at the first instance. These advertisements have taken the most significant place in today's world and form the most basic element of marketing strategies. However with the advancement of science and technology, newer advertisement techniques are being witnessed regularly, every now and then. Use of animations, digital sign boards and sound marks are to name a few.

One of such famous trends is the demonstration of scientific or laboratory observations in relation to the wide range of products ranging from tooth-pastes to cosmetics. The brand owners adopt various strategies in order to prove their product better than the other rather than proving that his product is the best. Comparative advertising is a market strategy where a particular product or service specifically mentions about his competitor for expressing the purpose that why his competitor is not superior to him. Comparative advertising is also defined as the advertising where two or more brands are advertised to one another which lead the audience end to a conclusion.

Intellectual property (IP) contributes enormously to our national and state economies. Dozens of industries across our economy rely on the adequate enforcement of their patents, trademarks, and copyrights, while consumers use IP to ensure they are purchasing safe, guaranteed products. IP rights are worth protecting, both domestically and abroad. This is because;

(a) Intellectual Property Drives Economic Growth and Competitiveness 

(b) Strong and Enforced Intellectual Property Rights Protect Consumers and Families 

(c) Intellectual Property Helps Generate Breakthrough Solutions to Global Challenges 

(d) Intellectual Property Rights Encourage Innovation and Reward Entrepreneurs

As creative professionals, we often have a good idea of what goes into the things we create. For example, a web designer can look at a website and have a good idea of what went into designing it. Further a graphic designer can look at a logo and get a sense of what tools were used to create it. But all too often, we don't understand what goes into parallel creative professions. Here we are talking about the time utilized for every creative endeavour, the energy and effort that the creative work requires, the real capital and investment involved and furthermore the education and professional experience related to it.

One should be very sure that violating the intellectual property rights of others devalues our own work. We're contributing to a culture that thinks there's nothing wrong while copying the creations of others without compensating them for it. Hence Intellectual property rights are one of the most important aspects of the creative world and are in need to be honoured by those who are part of that world.

Comparative advertising is the form of advertising where a comparison of goods and services is being presented to the consumers. Such comparative advertising is basically profit oriented as it is intended to increase the number of customers preferring the product over any other product available in the market. Under the trademarks act, usually a trademark holder has the right to use his trademark over the goods in a way so as to make his goods or services gaining a particular identity and hence distinguishing it to any other product. Similarly a trademark holder has the right to use his trademark for the purpose of advertising.

However in the era where the global competition is on its height and with the risk of losing one's consumers, comparative advertising is on its trend. This raises the concern of the consumers on the other hand. Hence it becomes the need of the hour to understand the law in relation to the comparative advertising.

Trademark Registration: To Become Legal Owner of The Brand Name

Trademark registration or brand name registration is surely an important process for business organizations. All organizations need a unique name to promote their products & services. It is this name that helps in differentiating different traders or service providers. It also provides flexibility to the users to distinguish different organizations & also their products. Using this name, different organizations promote their products & services among the customers.

Trademark registration is basically the registration of the brand name. Using this process, the organization becomes the legal owner of the name. By this, the organization gets the exclusive right to use this name in order to promote business. It is basically the name, phrase, alphabet, letter, symbol or combination of all of these.

There are several advantages that are associated with the registration of the trademark. The first & foremost is that it helps in offering identity to the organization. It is this name that helps consumers to distinguish products & services of different brands. There are various business organizations that are serving identical products and services to the consumers. So, it is necessary that the products or services of every organization should be available with unique names. This is done with the help of the registration process.

The second advantage that is served by trademark registration is that it helps in protecting products from infringement. The market is competitive & sometimes the competitors resort themselves to unhealthy competition. In this, they use the name of the competitors to sell falsified products in order to tarnish their image. As the law provides the legal ownership of the name to an individual organization so if any other uses the same name, then a legal action can be taken against him/her.

The third advantage that trademark registration serves is that it helps in spreading goodwill among the consumers. This is the best tool that fills confidence in the buyers. It provides necessary details about the organization to the consumers. They take this as a positive step on the part of the organization.

Trademark also helps in offering identity to the brand. With the help of the legal name the organization has the right to promote its name in the market. As no same name can be allotted to separate parties, the unique name serves as the identity. The buyers easily distinguish between several organizations with the help of the unique name.

Last but not least is that it helps in preventing the copying of the name. At times, the competitors use the name of your brand to sell their products to harness the popularity of your brand. So, the registration of trademark prevents all these unhealthy activities.

Inference

Trademark registration is an important process associated with the business organization. In order to do prosperous business, every organization must follow this rule. This will provide unique identity to the brand. Apart from this, it will help in spreading goodwill & protecting products from infringement.

The Importance Of Having A Trademark For Your Brand

What is trademark?

Trademark is considered the most widely known intellectual property as compared to others such as patent, design and copyright. A trademark protects an expression that represents a particular product or service. A trademark can be a logo, symbol, design or merely a word. It is used to distinguish a particular product or service from others that is of the same field. However, it is not a tangible asset where one can hold on to it. It is merely an application and registration, upon approval and grant, in the intellectual property office.

Almost all of the countries in the world has an intellectual property office that handles different types of intellectual properties such as trademark, patent, design, copyright and etc. Each country has its own intellectual property rules and regulations based on each of the intellectual property, I.e. some recognize first use of a trademark and some don't (we will discuss this further down the line). Of course, if you need more information on trademarks and other intellectual properties in different countries, you can always find them through the intellectual properties office's website.

How does a trademark benefit your brand and how can you make money from a trademark?

A trademark represents a brand. As mentioned earlier, it distinguishes your product from others, especially your competitors. It serves as a marketing tactic. In the present competitive era, where products are no longer unique, unless it really has what it takes, trademark steps in and bring up the value of your product. Studies showed that a product having a brand, or more particularly a trademark, sells off faster as compared to those without a brand, if they were being put up on a shelf simultaneously.

On the other hand, a trademark provides exclusive rights to your brand and no other people except the owner of the trademark can use the trademark to represent your product. If a person uses your trademark, identically or similarly, as the owner, you have the rights to stop him or her from using the identical or similar mark. The term similar herein means that the particular mark is easily recognized as your mark. Since you are the first person creating, filing and using the trademark, you will have the exclusive rights to stop people from using a similar mark.

Compared to other types of properties, trademark is considered tangible. As mentioned earlier, it is merely a registration with the intellectual property office. However, it is still an asset to you or your company (whichever name you wish to file in). In any event that you wish to sell your company to someone else, a trademark is considered as an asset that increases value of your company.

But how actually does it work?

If you have a product and you have created a mark, logo, word or a phrase to represent it, conduct a search at the intellectual office and see if the mark that you have created has been previously used or even filed and registered. In other words, to determine its availability. The world is huge and don't be surprised that there is someone out there that thinks alike as you and you do not want to infringe other people's mark. If you aren't sure whether the search result is clear or you have doubts that your mark is similar to someone else's mark, try contacting a local trademark agent and get him or her to advise you on the search.

When you are sure that your trademark is exclusive, the next thing you need to do is to prepare a list of goods and services that your product is representing. There is a list of goods and services, as well as classes that represent the goods and services, which you can locate from the web. If you are not familiar with the list and classes, your local trademark agent should be able to prepare the same for you. The list and classes are important. It determines what your mark relates to specifically.

In the event that someone uses your mark for a different class of goods or services, he or she will not be considered as infringing your mark. Therefore, make sure that you are clear with the classes where your products or services fall under.

If you are the designer and owner of the mark, you may consider registering the mark under your own name and address. Otherwise, you may register under your company's name and address. As mentioned earlier, it can be your company's asset if you file the mark under your company's name. Vice versa, the mark can be your asset.

Before submitting the application, you should also be aware that there are official fees payable to the intellectual property office, or more particularly, the trademark office. Different country imposes different official fees. Another important point that you need to be aware is that intellectual property are protected regionally and not internationally. If you wish to market your product in different countries, you need to have a trademark in those countries. There are regional protections in regions such as Europe and Africa.

Upon filing the application, the trademark office will provide you with a number and subsequently publish the trademark on a gazette. If the examination goes well, the trademark office will grant you a registration for the mark. During the application of the trademark, you should label your mark with TM and when your trademark is registered, you should label your mark with ®.

Coteus Global Marketing is a website that I setup to help young entrepreneur. This website mainly provide useful information regarding start up and digital marketing.

Putting the Finishing Touches on Your Parking Lot

After sealcoating a parking area or paving your lot, you know you'll need to have new parking lines striped and other pavement markings made for things like handicapped spaces and crosswalks. But, what some people overlook when freshening up the appearance of their parking area are their parking lot signs.

Parking lot signs are important to the organization, safety and security of your parking lot. From directional signs to pedestrian crossing signs there are hundreds of different types of parking lot signs to choose from.

Your paving contractor can not only handle all of your asphalt paving needs, but they also usually experts in line striping design and pavement marking layouts. They can also install high quality traffic signs and safety devices.

What type of signage do you need?

Directional Parking Signs - This type of sign helps drivers find entrances, exits, specific buildings, parking areas, and more. These signs help clearly and professionally indicate where parking is available or point the direction to an exit with an arrow and the word exit clearly marked.

Fire Lane Signs - To ensure that fire trucks and ambulances have access to your building and parking area as quickly as possible, fire lane signs clearly designate fire lanes and no parking areas.

Pick Up and Drop Off Signs - Posting pick up and drop off signs or loading zone signs on your property will indicate to drivers where the proper zones are in your parking facility. These signs can be beneficial to your customers who may have purchased a large item. They can pull their vehicle directly into the designated loading area. For visitors dropping off children or elderly people, a parking lot sign that designates a drop off area can be beneficial to a driver so that they will know where it is safe to stop and left their passengers out.

Parking Lot Property Signs - If you're looking to enforce safety and security policies in parking lots to deter unwanted activities, consider getting a few parking lot signs to display your properties notices, regulations or restrictions. You've seen them at other facilities, the wording may vary but will read something to this effect: NOTICE, We are not responsible for theft or damage to vehicles or contents, park at your own risk. Or, another option would be one that read: Private Property, NO loitering, soliciting, skateboards, rollerblades.

Pedestrian Crossing Signs - To clearly mark crosswalk areas, crosswalk signs get the attention of drivers and pedestrians and offer crossing directions. Some signs may read: State Law, Stop for Pedestrians within Crosswalk.

Maureen McHale is a web marketing consultant specializing in SEO, content marketing and website design.

With more than 20 years of experience, ABC Paving and Sealcoating is Florida's leading paving contractor. ABC Paving and Sealcoating provides commercial organizations with the highest level of customer service, professional workmanship and services including: asphalt paving, asphalt repairs and prevention, pothole repairs, sealcoating, line striping and marking, thermoplastic, crack filing, signs and safety devices, concrete sidewalks, concrete curbs and site preparation.

The Importance of Registering Your Trademark

What is a Trademark?

A Trademark distinguishes the goods of one manufacture or trader from similar goods of other and therefore, it seeks to protect the interest of the consumers as well as the trader. It may consist of device depicting the picture of animals, human beings etc., words, letters, numerals, signature or any combination thereof.

Since it indicates relationship in the course of trade, between trader and goods, it serves as a useful medium of advertisement for the goods and their quality. The object of trademark law is to permit an enterprise by registering its trademark to obtain an exclusive right to use, share or assign a mark. Closely related to trademarks are service marks which distinguish the service of an enterprise from the services of other enterprise.

Trademark helps in inaugurating a Brand name

It helps consumers to distinguish your products and services from that of your competitors.

It indicates the quality of your products and services.

Establishing the brand and earning goodwill is supported by registering your trademark.

It enables to get the name "Branded goods" which will add on the value of your product.

Advertising the product will reach easily if your product holds an attractive trademark.

It serves as the most efficient commercial tool that establishes the identity of your product.

Holding a registered trademark significantly increases the value of your brand to potential purchasers, and hence any purchaser of your business is likely to pay much more for the goodwill that is built.

Trademark serves as an Asset

Trademarks are one of the few Assets that provide a long-term competitive advantage.

It is the only business Asset that will get appreciated in value over time.

It provides value beyond the core business and an pave the way for expansion of the business.

Trademark - a communication tool 

Trademark helps to register the product among the consumers which helps them to differentiate and select the desired product.

Trademark wraps a series of technical issues in a single logo such as: 

Company

Reputation

Products and services

Consumers need

Trademarks will work across borders, culture and language.

Trademark increases sales volume

Trademark helps to find out the significant differences among competing products.

The brand can be an important factor to drag the consumer's attention.

Trademarks are relatively inexpensive to protect

After successful registration of trademark it has an infinite lifespan by renewing it and the expenses are less when compared to other intellectual properties.

Trademarks are often the top-of mind address for an Internet user which helps the consumers to identify your product easily.

Trademark gives the consumers the ability to protect themselves by relying upon known brands of products and services.

Trademark also assures the owner as it helps him to protect his own product from other competitors even if they similar. The owner can protect his trademark by taking legal actions against his reviles if they try to infringe his own trademark. When once a company registers its trademark ownership it will have an exclusive right to use it nationwide and for all the products that are listed in the registration.

The trademark acts as a prima facie evidence of its validity once registered and gives an exclusive right to the owner to use the trademark in the commerce field.Registration of trademark prevents others from using your trademark and hence it is important to register it. In the event of anyone trying to infringe your trademark the owner can fight back legally only when your trademarks is registered.

To know more about the trademark registration procedure in India, click here.

DoBiz India is an On-line Corporate service providers, which helps you to register, form and incorporate your own company, whether a Private company or Public Company or Limited liability partnership or an One Person company(OPC) and also offers trademark registration, copyright registration. For more details, visit trademark registration

All You Need to Know About Registering Your Trademark

Any glance at recent current events will confirm that people have become more litigious than ever, especially over matters of intellectual property. As a result, it has become increasingly necessary to retain the best professional help available to secure a legal trademark for one's brand or patent. Although individuals and businesses can register trademarks on their own, there are numerous legal issues that can arise if one does not fill out trademark applications and follow the legal protocol correctly. Most importantly, it is very easy to infringe on the intellectual property of another trademark holder, which could result in hours of wasted time, exorbitant legal fees, and potential loss of the mark itself.

Experienced trademark lawyers can navigate businesses through the complicated details of trademark registration while helping to avoid the pitfalls of copyright infringement. Trademark registration employs very specific guidelines, and without a qualified professional to steer one through the hidden and unknown intricacies of copyright law, it is almost inevitable that mistakes will occur to nullify all of the hard work that has already been expended on product branding.

For example, many people do not know that trademark infringement does not necessarily mean that a new mark needs to be identical to an existing copyrighted item, but only that it can, somehow, cause a "likelihood of confusion" in a consumer's mind. The boundaries surrounding the public's "likelihood of confusion" range from the strength or similarity of the mark waiting to be patented, to evidence of actual confusion in the public's mind. In addition, there are a number of other legal conditions that a judge will take into account while reviewing a copyright infringement lawsuit. Essentially, if it can be proven by the original trademark holder that a new trademark applicant, using a similar mark, willfully and intentionally attempted to deceive consumers into believing that their product is associated with somebody else's brand, legal action can ensue.

Trademark attorneys are trained to conduct extensive national and international searches for currently existing marks that may be the same or similar to a business one wishes to patent for itself. In addition, a knowledgeable trademark and copyright attorney will also search for unregistered trademarks that may prevent a business from being able to follow through on its designs or plans. Copyright law is so intricate that considerations are not only made on where a trademarked name or image is used, but also how it is being used.

With the millions of trademarks, patents, and copyrights that already exist in the world, it could prove impractical, if not impossible, to attempt to tackle the world of trademark registration alone. Only a highly skilled trademark and patent attorney is qualified to negotiate the labyrinthine passages of trademark registration, and then to best advise a business on which course of action will be most prosperous and effective.

George N Anderson is a freelance writer, blogger, and entrepreneur. He loves reading, traveling, keeping up with the latest technologies, and sharing useful sites like Omni Trademark that offers help with trademark registration, search, licensing and enforcement.