99 lines
5.0 KiB
Plaintext
99 lines
5.0 KiB
Plaintext
#help.tut EXTRA HELP FOR TUTORIALS
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#define.stb ON LINE LEGAL GLOSSARY
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/* The world of Trademarks was subject to a major change
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last year. Here is an informational text direct from the
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nice people at the U.S. Trademark office. */
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Trademarks in Brief
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A trademark can be a word, name, symbol, device, or any
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combination thereof to identify and distinguish the goods of a
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manufacturer or merchant from goods manufactured or sold by
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others, and to indicate the source of the goods. A mark with
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these characteristics and functions used in connection with the
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rendering of services is called a service mark. Such marks are
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often referred to as "brand names" or "logos"; "slogans" are also
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widely used as marks.
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Many owners of marks use the TM (for trademark) or SM (for
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service mark) symbols, as appropriate, in connection with the
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marks to indicate their claims of ownership. Mark owners may use
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the [ Capital letter R enclosed in a circle ] symbol only if they
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have been issued federal registrations from the Patent and
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Trademark Office. While owners of marks may acquire rights in
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their marks under the "common law", they often seek to register
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their marks because of the procedural and legal advantages
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obtained through registration with the Patent and Trademark
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Office.
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To register a mark in actual use in commerce, the mark owner
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must file a written, signed application containing certain
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specific statements or "averments" concerning the use and
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ownership of the mark. The written application must be
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accompanied by a separate sheet with a "drawing" of the mark
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(e.g., a typewritten representation of a word mark or an actual
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[sic; actual] black and white "pen and ink" representation of a
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design mark or logo), and by three "specimens" evidencing the
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method of use of the mark (e.g., labels, hang tags or packaging
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bearing the mark). The application fee is $175 per class of
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goods or services.
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If a mark is intended to be used in commerce, the person
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claiming to be "entitled" to use it in commerce may apply to
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register the mark by filing an appropriate written, signed
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application containing, among other statements, an assertion
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regarding the "bona fide intent to use the mark in commerce."
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The "intent to use" applicant would also have to file a separate
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drawing sheet, but would not be required to file specimens of
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use. The "intent to use" applicant could not obtain a
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registration until after actual use of the mark in commerce had
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begun, and evidence of such use, including specimens was filed.
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The application fee is $175 per class of goods or services. An
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additional fee of $100 per class would be due upon the filing of
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evidence of use.
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Each application is "examined" by an attorney in the Patent
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and Trademark Office's Examining Operation for compliance with
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applicable technical requirements and to determine whether the
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mark is "registrable" under the terms of the federal trademark
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statute. A key element of examination involves a search of the
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register of marks to ensure that no identical or confusingly
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similar marks were previously registered. If the application is
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in acceptable form and the mark is deemed registrable, then the
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mark is published in the Official Gazette of the Patent and
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Trademark Office.
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For 30 days following publication of the mark, any
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interested party may step forward and "oppose" issuance of a
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registration. If no opposition is filed, then a registration
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certificate is issued, unless the mark was the subject of an
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"intent to use" application. In the latter case, a "notice of
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allowance" for registration would be issued; the registration
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certificate would not issue until after acceptable evidence of
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actual use was filed. The registration procedure takes
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approximately 13 months for applications based on actual "use in
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commerce." Each registration must be "maintained" through the
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filing of an appropriate "affidavit of continued use" between
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five and six years after the certificate issues. The
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registration term is ten years and may be renewed for consecutive
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ten year terms so long as the mark remains in use.
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To receive a copy of the "Basic Facts About Trademarks"
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booklet, complete with model filing forms, write to the
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Superintendent of Documents, Government Printing Office,
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Washington, D.C. 20402 (doc. #003-004-00642-1, price $1.00).
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For further information write The Public Service Center, Patent
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and Trademark Office, Washington, D.C. 20231, or call (703)
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557-INFO.
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COPYRIGHTS
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Copyrights are protection from copying for literary,
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dramatic, musical and artistic works. Copyrights are registered
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in the Copyright Office in the Library of Congress and are not
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handled by the Patent and Trademark Office. Information
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concerning copyrights may be obtained from the Library of
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Congress, Information Section, LM-455 Copyright Office,
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Washington, D.C. 20559, Telephone (202) 479-0700.
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