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Comprehensive answers ……. the complexities of Trademarks, Copyrights, and more ……. We’re here to cover you through and through!
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Trademark Services
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Lien Protection
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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”
Contractor v. Employee
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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”
GCC & RA
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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”
Contract Consulting
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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”
TM Receipt*
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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”
A Federal Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and distinguish goods or services to indicate their source or origin throughout the United States. Federal Trademark rights may be used to prevent others from using the same or a similar Mark in the United States. |
Federal trademark registration safeguards against imitators causing brand confusion and harm to your reputation. Spiegel & Utrera, P.A., boasts a track record of aiding clients in state trademark registration. Prior to proceeding, ensuring your unique trademark concept remains unclaimed is essential. Entrust Spiegel & Utrera, P.A. with their legal expertise to guide you seamlessly through the state trademark or servicemark registration procedure. An unmistakable brand symbol linked to your offerings holds immense value. |
A Federal Servicemark is the same as a Federal Trademark, except that it identifies and distinguishes the source of a service rather than a product. A registered Servicemark allows you to put everyone on notice with the Federal Trademark symbol “®” once the Federal Trademark process is complete. |
Advertise and promote your Mark and build name recognition and goodwill for your business with out fear of losing the Mark to another. Servicemarks may subject copycat to injunction, statutory treble damages, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your Mark. | |
“First use” refers to the concept that the individual or entity who first uses a trademark, trade name, or any other form of intellectual property in commerce gains certain legal rights to that property. These rights are typically associated with trademark law. It’s important to note that intellectual property rights, especially related to trademarks, can be complex and subject to specific legal requirements and deadlines. |
Federal trademark registration safeguards against imitators causing brand confusion and harm to your reputation. Spiegel & Utrera, P.A., boasts a track record of aiding clients in state trademark registration. Prior to proceeding, ensuring your unique trademark concept remains unclaimed is essential. An unmistakable brand symbol linked to your offerings holds immense value. Spiegel & Utrera are here to cover you. |
Intent to Use (ITU) is a crucial concept in intellectual property law, particularly in the context of trademarks. It allows individuals or businesses to apply for trademark protection before they’ve actually started using the mark in commerce. This provision is invaluable for those who are in the process of developing a product or service but want to secure their brand identity early. Preparation and timing are paramount. |
By filing an ITU application with the United States Patent and Trademark Office (USPTO), applicants establish their intent to use a specific trademark in the near future. This reserves their rights to that mark, preventing others from registering a similar mark during the development phase. However, it’s essential to provide a bona fide intent to use the mark, as false claims can lead to the cancellation of the application. |
Once the mark is in use, the applicant must submit proof of use to complete the registration process. ITU applications offer a strategic advantage for securing brand names, allowing businesses to protect their intellectual property from the outset. |
Assigning ownership to an entity (such as a corporation or LLC) provides legal clarity and protection. It separates personal assets from IP assets, shielding individuals from personal liability in case of legal disputes. |
An entity can more effectively manage, license, and transfer IP assets. It ensures that the rights to these assets are clearly defined, making transactions and negotiations with third parties smoother. |
IP ownership by an entity ensures continuity. Even if individuals within the organization change, the entity’s ownership of the IP remains intact, providing stability and longevity to the assets. In case of IP infringement, it’s easier for an entity to take legal action and enforce its IP rights, as it’s a recognized legal entity with standing in court. |
A Federal Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and distinguish goods or services to indicate their source or origin throughout the United States. Federal Trademark rights may be used to prevent others from using the same or a similar Mark in the United States. |
Federal trademark registration safeguards against imitators causing brand confusion and harm to your reputation. Spiegel & Utrera, P.A., boasts a track record of aiding clients in state trademark registration. Prior to proceeding, ensuring your unique trademark concept remains unclaimed is essential. Entrust Spiegel & Utrera, P.A. with their legal expertise to guide you seamlessly through the state trademark or servicemark registration procedure. An unmistakable brand symbol linked to your offerings holds immense value. |
A Federal Servicemark is the same as a Federal Trademark, except that it identifies and distinguishes the source of a service rather than a product. A registered Servicemark allows you to put everyone on notice with the Federal Trademark symbol “®” once the Federal Trademark process is complete. |
Advertise and promote your Mark and build name recognition and goodwill for your business with out fear of losing the Mark to another. Servicemarks may subject copycat to injunction, statutory treble damages, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your Mark. | |
“First use” refers to the concept that the individual or entity who first uses a trademark, trade name, or any other form of intellectual property in commerce gains certain legal rights to that property. These rights are typically associated with trademark law. It’s important to note that intellectual property rights, especially related to trademarks, can be complex and subject to specific legal requirements and deadlines. |
Federal trademark registration safeguards against imitators causing brand confusion and harm to your reputation. Spiegel & Utrera, P.A., boasts a track record of aiding clients in state trademark registration. Prior to proceeding, ensuring your unique trademark concept remains unclaimed is essential. An unmistakable brand symbol linked to your offerings holds immense value. Spiegel & Utrera are here to cover you. |
Intent to Use (ITU) is a crucial concept in intellectual property law, particularly in the context of trademarks. It allows individuals or businesses to apply for trademark protection before they’ve actually started using the mark in commerce. This provision is invaluable for those who are in the process of developing a product or service but want to secure their brand identity early. Preparation and timing are paramount. |
By filing an ITU application with the United States Patent and Trademark Office (USPTO), applicants establish their intent to use a specific trademark in the near future. This reserves their rights to that mark, preventing others from registering a similar mark during the development phase. However, it’s essential to provide a bona fide intent to use the mark, as false claims can lead to the cancellation of the application. |
Once the mark is in use, the applicant must submit proof of use to complete the registration process. ITU applications offer a strategic advantage for securing brand names, allowing businesses to protect their intellectual property from the outset. |
Assigning ownership to an entity (such as a corporation or LLC) provides legal clarity and protection. It separates personal assets from IP assets, shielding individuals from personal liability in case of legal disputes. |
An entity can more effectively manage, license, and transfer IP assets. It ensures that the rights to these assets are clearly defined, making transactions and negotiations with third parties smoother. |
IP ownership by an entity ensures continuity. Even if individuals within the organization change, the entity’s ownership of the IP remains intact, providing stability and longevity to the assets. In case of IP infringement, it’s easier for an entity to take legal action and enforce its IP rights, as it’s a recognized legal entity with standing in court. |
The interplay between state and federal intellectual property (IP) laws in the United States is a complex and multifaceted legal landscape, particularly when it comes to trademark, servicemark, trade dress, and copyright protections. These areas of IP law involve a delicate balance between federal and state regulations, each serving distinct yet interconnected roles |
The federal government, through the United States Patent and Trademark Office (USPTO), grants trademark, servicemark, and copyright registrations. Federal registration provides broad protection and exclusive rights to use a mark nationwide. Once registered, the mark holder can enforce their rights in federal courts. |
Copyright law is exclusively governed by federal statutes. Registration with the U.S. Copyright Office is not required for copyright protection, but it offers several advantages, including the ability to sue for statutory damages and attorney’s fees in federal court. Federal copyright law covers a wide range of creative works, from literary and artistic creations to software and architectural designs. |
While states don’t grant copyright protection, they may handle various copyright-related matters. For instance, if there’s a dispute over a copyright contract or an infringement case involving a state entity, these issues might be litigated in state courts. Additionally, some states may have specific copyright laws related to certain types of works, like state-produced materials. |
Some states offer their own trademark registration systems, often referred to as “state trademarks” or “servicemarks.” While these registrations confer limited geographical protection within the state, they can be valuable for businesses primarily operating locally. However, state trademark rights are generally subordinate to federal trademark rights. |
Some businesses, particularly small or local ones, may opt for state trademark registration. This process typically provides protection limited to the state in which it’s registered. For instance, if a bakery in New York registers its logo as a state trademark, it can protect its rights only within New York’s borders. However, this state-level protection can be valuable for businesses that operate primarily within a specific geographic area. |
A servicemark, like a trademark, is indeed used to identify and distinguish the source of services rather than physical goods. Servicemarks protect names, logos, or other identifiers associated with services, helping consumers identify the source of those services. The primary difference between trademarks and servicemarks is the type of offering they protect—trademarks are for goods, while servicemarks are for services. The protection and registration process for both, whether at the federal or state level, operate on similar principles of preventing confusion and protecting the brand’s identity in the context of commerce. |
Servicemark owners have the legal right to enforce their marks by taking legal action against unauthorized use or infringement. This enforcement can include seeking damages, injunctive relief, or other remedies to protect the servicemark’s integrity. |
Federal&Beyond
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COVERAGE
Search & Attorney Opinion
$275.00
OUR GOAL — YOUR Complete Satisfaction and Understanding |
– file now! |
A search of the United States Government’s records including Marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. We strongly recommend you conduct a Trademark or Servicemark Search when proceeding with your registration. A Trademark or Servicemark search helps to uncover a similar Mark in use. Conducting a search also shows your intent to act in good faith, which can be a very important factor should a problem ever arise. |
full or co-authorship
$367.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
– file now! |
You went through the grueling creative process and created a masterpiece. Don’t let others steal your artistic vision! Spiegel & Utrera, P.A., has helped numerous clients to register their federal copyright with the U.S. Government. Allow Spiegel & Utrera, P.A. to use its legal understanding to ease you through the federal copyright registration process. |
change of ownership
$367.95 +gov filing fee OUR GOAL — YOUR Complete Satisfaction and Understanding |
– file now! |
What Happens if the Federal Trademark or Federal Servicemark Owner Changes or Their Name Changes? During the examination of a pending Federal Trademark application as well as after a Federal Trademark has registered, the owner of a Federal Trademark may change for various reasons. Sometimes Federal Trademark or Servicemark owners transfer their ownership of a Mark to another entity, which is called an Assignment. In addition, some Federal Trademark owners change their names while retaining ownership. In both instances, Federal Trademark owners should record the change of parties or change of name. |
Statement or Allegation of Use Extension
$249.95 +gov filing fee
OUR GOAL — YOUR Complete Satisfaction and Understanding |
– file now! |
In order to maintain your trademark or servicemark, you must file a sworn statement that the Mark is in commerce or that the there are special circumstances that constitute non-use and not abandonment of the Mark. The owner of the registration must file the sworn statement the end of the sixth year (72 months) after the date of registration of the Mark and at the end of each successive ten year period (120 months) after the date of registration. The sworn statement may be filed one year prior to the filing due date or during a six month grace period immediately after the filing due date. |
and Attorney Opinion
$250.00 OUR GOAL — YOUR Complete Satisfaction and Understanding |
– file now! |
A search must be in full. Looking only at U.S. and State Trademark registers is not enough. Trademark rights in the United States arise from use, not registration, and the owner of an unregistered Trademark may be able to enjoin your company’s use. A proper, full common law Trademark search therefore includes trade directories, business name lists, and information databases. If the search is favorable, the entrepreneur can apply for registration on the principal register for Federal Trademarks with either an intent-to-use application, which requires subsequent filing of proof of actual use, or an actual-use application if the Mark has already been used in interstate commerce.
|
Search & Attorney Opinion
$275.00 +gov filing fee OUR GOAL — YOUR Complete Satisfaction and Understanding |
– file now! |
A search of the United States Government’s records including Marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. We strongly recommend you conduct a Trademark or Servicemark Search when proceeding with your registration. A Trademark or Servicemark search helps to uncover a similar Mark in use. Conducting a search also shows your intent to act in good faith, which can be a very important factor should a problem ever arise. |
full or co-authorship
$367.95 +gov filing fee OUR GOAL — YOUR Complete Satisfaction and Understanding |
– file now! |
You went through the grueling creative process and created a masterpiece. Don’t let others steal your artistic vision! Spiegel & Utrera, P.A., has helped numerous clients to register their federal copyright with the U.S. Government. Allow Spiegel & Utrera, P.A. to use its legal understanding to ease you through the federal copyright registration process. |
change of ownership
$367.95 +gov filing fee OUR GOAL — YOUR Complete Satisfaction and Understanding |
– file now! |
What Happens if the Federal Trademark or Federal Servicemark Owner Changes or Their Name Changes? During the examination of a pending Federal Trademark application as well as after a Federal Trademark has registered, the owner of a Federal Trademark may change for various reasons. Sometimes Federal Trademark or Servicemark owners transfer their ownership of a Mark to another entity, which is called an Assignment. In addition, some Federal Trademark owners change their names while retaining ownership. In both instances, Federal Trademark owners should record the change of parties or change of name. |
Statement or Allegation of Use Extension
$249.95 +gov filing fee OUR GOAL — YOUR Complete Satisfaction and Understanding |
– file now! |
In order to maintain your trademark or servicemark, you must file a sworn statement that the Mark is in commerce or that the there are special circumstances that constitute non-use and not abandonment of the Mark. The owner of the registration must file the sworn statement the end of the sixth year (72 months) after the date of registration of the Mark and at the end of each successive ten year period (120 months) after the date of registration. The sworn statement may be filed one year prior to the filing due date or during a six month grace period immediately after the filing due date. |
and Attorney Opinion
$250.00 ** full search OUR GOAL — YOUR Complete Satisfaction and Understanding |
– file now! |
A search must be in full. Looking only at U.S. and State Trademark registers is not enough. Trademark rights in the United States arise from use, not registration, and the owner of an unregistered Trademark may be able to enjoin your company’s use. A proper, full common law Trademark search therefore includes trade directories, business name lists, and information databases.
If the search is favorable, the entrepreneur can apply for registration on the principal register for Federal Trademarks with either an intent-to-use application, which requires subsequent filing of proof of actual use, or an actual-use application if the Mark has already been used in interstate commerce. |
TRADE|SERVICE©RIGHT—BUSINESS PROTECTION—ESSENTIAL —SEA TO SEA—DEPTH —DIRECT
TRADE&SERVICE MARK —BRAND RECOGNITION—ROBUST PROTECTION—WORD OF MOUTH—MIND PRODUCT —BINARY SPEED
Monitor Your IP!
It is common that the U.S. Government may issue an office action letter. Office actions are letters from the U.S. Government that set forth the legal status of a Federal Trademark application. They are issued by a Federal Trademark examining attorney who is assigned to each application and usually contain administrative or substantive issues which need to be addressed.
There are several types of office actions: examiner’s amendments, priority actions, non-final office actions, final office actions, and suspension letters:
- An examiner’s amendment is a written acknowledgment of an amendment made to an application. Generally the examining attorney and the applicant or the applicant’s attorney are in contact and they may reach an agreement that the application needs an amendment. It is issued as a written memorialization of such agreement.
- A priority action is a letter in which an examining attorney describes specific outstanding requirements that the applicant must meet before an application can be approved for publication. The applicant or the applicant’s attorney must respond to a priority action within 6 months from the date the priority action is mailed. If the applicant or the applicant’s attorney fails to do so, the application will be declared abandoned. Examining attorneys have no discretion to extend the time for filing a response to an office action. The benefit of a priority action is that, if the applicant responds within 2 months, the application will be given priority in processing.
- An office action is a letter in which an examining attorney describes the legal status of a Federal Trademark application where the examining attorney will disclose if the Federal Trademark search yielded any conflicting Marks. The examining attorney will also send an office action to issue substantive refusals to registration (such as a likelihood of confusion, mere descriptiveness, etc.) that arise, as well as to make any procedural requirements. Applicants or the applicant’s attorney must respond to an office action. If applicant or the applicant’s attorney fails to do so, their applications will be declared abandoned.
- A non-final office action is correspondence from the U.S. Government that raises new issues and usually is the first phase of the examination process.
- An examining attorney will issue a non-final office action after reviewing the application for the first time. If a new issue arises after the applicant responds to the first non-final office action, the examining attorney will issue another non-final office action that describes the new issue(s) and continues any that remain outstanding. A final office action is the last office action that an examining attorney issues. It finalizes any outstanding issues. An applicant or the applicant’s attorney’s only response to a final office action is compliance with the requirements or appeal. When a Mark registration is refused by the examining attorney, the Mark applicant or the applicant’s attorney may appeal to a U.S. Government trial and appeal board.
- A suspension letter suspends the action on an application. An application may be suspended for a variety of reasons. These include waiting for the disposition of a prior pending application to be determined or waiting for an assignment of ownership to be recorded. Applicants do not have to respond to suspension letters.
GCC & RA
Our firm has what we call the “General Counsel Club”. Select this valuable service at the time of ordering your Trademark or Servicemark ….read more
Trademark Services
In order to maintain your trademark or servicemark, you must file ….more
Contract Consulting
Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an ….read more
Copy That!
Copyrights can protect originators of both designs and written….more
TM Receipt*
Trademark or Servicemark Packages generally weigh approximately 2 pounds and are available for Pick up at our office or may be….read more
IP in Brief
Federal Trademark law was enacted after the Civil War in 1870. It came as a….more
File&Safeguard TODAY
$289.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
Florida – filing Services |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$232.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
Georgia – filing Services |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$289.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
California – filing Services |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$289.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
Nevada – filing Services |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$267.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
New York – filing Services |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$252.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
Delaware – filing Services |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$267.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
New Jersey – filing Services |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$227.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
Illinois – filing Services |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$289.95 OUR GOAL—YOUR Complete Satisfaction and Understanding |
A mere innocent choice won’t suffice. Registering only at the state or federal level isn’t enough; common law searches are essential. Corporate name reservation doesn’t protect from trademark infringement. |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
Entrepreneurs should choose three distinct marks and conduct thorough trademark searches to avoid infringement issues. A mere innocent choice won’t suffice. Registering only at the state or federal level isn’t enough; common law searches are essential. Corporate name reservation doesn’t protect from trademark infringement. Once cleared, use the TM or SM symbol. Consider international registration when expanding. Conduct a trademark search to demonstrate good faith.
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Natalia Utrera, Esq.,
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The interplay between state and federal intellectual property (IP) laws in the United States is a complex and multifaceted legal landscape, particularly when it comes to trademark, servicemark, trade dress, and copyright protections. These areas of IP law involve a delicate balance between federal and state regulations, each serving distinct yet interconnected roles |
The federal government, through the United States Patent and Trademark Office (USPTO), grants trademark, servicemark, and copyright registrations. Federal registration provides broad protection and exclusive rights to use a mark nationwide. Once registered, the mark holder can enforce their rights in federal courts. |
Copyright law is exclusively governed by federal statutes. Registration with the U.S. Copyright Office is not required for copyright protection, but it offers several advantages, including the ability to sue for statutory damages and attorney’s fees in federal court. Federal copyright law covers a wide range of creative works, from literary and artistic creations to software and architectural designs. |
While states don’t grant copyright protection, they may handle various copyright-related matters. For instance, if there’s a dispute over a copyright contract or an infringement case involving a state entity, these issues might be litigated in state courts. Additionally, some states may have specific copyright laws related to certain types of works, like state-produced materials. |
Some states offer their own trademark registration systems, often referred to as “state trademarks” or “servicemarks.” While these registrations confer limited geographical protection within the state, they can be valuable for businesses primarily operating locally. However, state trademark rights are generally subordinate to federal trademark rights. |
Some businesses, particularly small or local ones, may opt for state trademark registration. This process typically provides protection limited to the state in which it’s registered. For instance, if a bakery in New York registers its logo as a state trademark, it can protect its rights only within New York’s borders. However, this state-level protection can be valuable for businesses that operate primarily within a specific geographic area. |
A servicemark, like a trademark, is indeed used to identify and distinguish the source of services rather than physical goods. Servicemarks protect names, logos, or other identifiers associated with services, helping consumers identify the source of those services. The primary difference between trademarks and servicemarks is the type of offering they protect—trademarks are for goods, while servicemarks are for services. The protection and registration process for both, whether at the federal or state level, operate on similar principles of preventing confusion and protecting the brand’s identity in the context of commerce. |
Servicemark owners have the legal right to enforce their marks by taking legal action against unauthorized use or infringement. This enforcement can include seeking damages, injunctive relief, or other remedies to protect the servicemark’s integrity. |
File&Safeguard TODAY
$289.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
Florida – filing |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$232.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
Georgia – filing |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$289.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
California – filing |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$289.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
Nevada – filing |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$267.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
New York – filing |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$252.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
Delaware – filing |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$267.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
New Jersey – filing |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
$227.95 OUR GOAL — YOUR Complete Satisfaction and Understanding |
Illinois – filing |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
The interplay between state and federal intellectual property (IP) laws in the United States is a complex and multifaceted legal landscape, particularly when it comes to trademark, servicemark, trade dress, and copyright protections. These areas of IP law involve a delicate balance between federal and state regulations, each serving distinct yet interconnected roles |
The federal government, through the United States Patent and Trademark Office (USPTO), grants trademark, servicemark, and copyright registrations. Federal registration provides broad protection and exclusive rights to use a mark nationwide. Once registered, the mark holder can enforce their rights in federal courts. |
Copyright law is exclusively governed by federal statutes. Registration with the U.S. Copyright Office is not required for copyright protection, but it offers several advantages, including the ability to sue for statutory damages and attorney’s fees in federal court. Federal copyright law covers a wide range of creative works, from literary and artistic creations to software and architectural designs. |
While states don’t grant copyright protection, they may handle various copyright-related matters. For instance, if there’s a dispute over a copyright contract or an infringement case involving a state entity, these issues might be litigated in state courts. Additionally, some states may have specific copyright laws related to certain types of works, like state-produced materials. |
Some states offer their own trademark registration systems, often referred to as “state trademarks” or “servicemarks.” While these registrations confer limited geographical protection within the state, they can be valuable for businesses primarily operating locally. However, state trademark rights are generally subordinate to federal trademark rights. |
Some businesses, particularly small or local ones, may opt for state trademark registration. This process typically provides protection limited to the state in which it’s registered. For instance, if a bakery in New York registers its logo as a state trademark, it can protect its rights only within New York’s borders. However, this state-level protection can be valuable for businesses that operate primarily within a specific geographic area. |
A servicemark, like a trademark, is indeed used to identify and distinguish the source of services rather than physical goods. Servicemarks protect names, logos, or other identifiers associated with services, helping consumers identify the source of those services. The primary difference between trademarks and servicemarks is the type of offering they protect—trademarks are for goods, while servicemarks are for services. The protection and registration process for both, whether at the federal or state level, operate on similar principles of preventing confusion and protecting the brand’s identity in the context of commerce. |
Servicemark owners have the legal right to enforce their marks by taking legal action against unauthorized use or infringement. This enforcement can include seeking damages, injunctive relief, or other remedies to protect the servicemark’s integrity. |
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A mere innocent choice won’t suffice. Registering only at the state or federal level isn’t enough; common law searches are essential. Corporate name reservation doesn’t protect from trademark infringement. |
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation. |
Entrepreneurs should choose three distinct marks and conduct thorough trademark searches to avoid infringement issues. A mere innocent choice won’t suffice. Registering only at the state or federal level isn’t enough; common law searches are essential. Corporate name reservation doesn’t protect from trademark infringement. Once cleared, use the TM or SM symbol. Consider international registration when expanding. Conduct a trademark search to demonstrate good faith.
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Courtney Riordan, Esq.
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Natalia Utrera, Esq.,
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SPIEGEL & UTRERA, P.A.
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WHAT WE’RE ABOUT
Our goal is to provide each of our clients with as much information as possible about Intellectual Property, Trademark and Servicemark registration. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of California Trademark and Servicemark registration at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.
Additional Services
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
1 Trademark2 Servicemark3 Copyright4 Corporate Structure5 Entity Formation6 USPTO Responses7 Common Law
IntellectualProperty Law:
at thefrontier
Don’t be caught unaware. Business is about the details. The minute. We protect your ideas, and products, at scale. From design to function. We have you covered.
5-STEPS
IP Protection
Trademark Registration
Copyright Registration
Trademark Registration
Copyright Registration
1. Submit
- Document selection
- Material review
- Material selection
- Application review
“Our staff will prepare your Trademark, Copyright or Trade Dress Registration Application based upon the information you have submitted. Our goal is to provide each of our clients with as much information as possible about Federal Trademark and Federal Servicemark registration.”
2. Verify
- Addendums
- Verification
- Sign / E-Sign / NFT
- Return
“Once we have prepared your application, it will be emailed to you for your approval and signature. Once approved you will return it to Spiegel & Utrera, P.A. along with Credit Card authorization for the government filing fee.”
3. Submit
- Simple submission
- Online and secure
- 128Bit Encryption
- Speedy
“It’s easier than ever now. Complete and convenient online submission with 128 bit encryption. You can call one of our many offices toll free or you can also visit one of our many office locations. If visiting one of our offices, please call to verify attorney availability and to request an appointment.”
4. Send
- File on return
- GOV E-Portal
- Immediate receipt
- Quicker turnaround
“Once Spiegel & Utrera, P.A. receives your signed Trademark, Copyright or Trade Dress Registration Application and the government filing fee from you, your Trademark or Copyright Application will be filed with the government.”
5. Confirm
- E-confirmation
- Certified copies
- Itemized elements
- Service cost
“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”
CALIFORNIA
COMMON INQUIRIES
Our goal is to provide each of our clients with as much information as possible about California Trademark and Servicemark registration. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of California Trademark and Servicemark registration at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.
Additional Services
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
What is a California Trademark?
What is a California Servicemark?
Why Get a California Trademark or Servicemark?
Why Get a California Trademark or Servicemark?
- A name or logo in many cases overtime becomes a company’ s most valuable asset.
- Registering a California Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
- A registered California Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
- A registered California Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
- A registered California Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.
What is First Use?
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Can I register my domain?
What are the requirements?
- The mark must be filed under the owner’s name. The owner must provide the goods or services under the California Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
- If the owner is a business entity, the type of entity must be specified.
- A description of the products or the advertising or promotional materials the mark has been placed upon.
- A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.
How Long Will My California Trademark or Servicemark Registration Take to Complete?
What Happens if the California Trademark or Servicemark Owner Changes or Their Name Changes?
How Do I Inform Others of My Registration?
Protect Your Valuable Intellectual Property
Having a California Trademark or Servicemark is all about protection of your valuable intellectual property
Picking a Name: Types of Trademarks or Servicemarks
Strong v. Weak Marks
Florida
COMMON INQUIRIES
Our goal is to provide each of our clients with as much information as possible about Florida Trademark and Servicemark registration. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of Florida Trademark and Servicemark registration at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.
Additional Services
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
What is a Florida Trademark?
A Florida Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and distinguish goods or services to indicate their source or origin throughout Florida. Florida Trademark rights may be used to prevent others from using the same or a similar mark in the State.
What is a Florida Servicemark?
A Florida service mark is the same as a Florida Trademark, except that it identifies and distinguishes the source of a service rather than a product.
Why Get a Florida Trademark or Servicemark?
Why Get a Florida Trademark or Servicemark?
- A name or logo in many cases overtime becomes a company’ s most valuable asset.
- Registering a Florida Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
- A registered Florida Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
- A registered Florida Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
- A registered Florida Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.
What is First Use?
Florida Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Liability. The bottom line is that if you personally own a Florida Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.
Can I register my domain?
Yes, if it meets Florida Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a Florida Trademark or Servicemark to protect your business from copycats.
What are the requirements?
- The mark must be filed under the owner’s name. The owner must provide the goods or services under the Florida Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
- If the owner is a business entity, the type of entity must be specified.
- A description of the products or the advertising or promotional materials the mark has been placed upon.
- A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.
How Long Will My Florida Trademark or Servicemark Registration Take to Complete?
The registration process may typically take around four to six weeks to wrap up.
What Happens if the Florida Trademark or Servicemark Owner Changes or Their Name Changes?
After a Florida Trademark has registered, the owner of a Florida Trademark may change for various reasons. Some Florida Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some Florida Trademark owners change their names while retaining ownership. In both instances, it is advised that Florida Trademark owners to record the ownership transfers.
How Do I Inform Others of My Registration?
We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.
Protect Your Valuable Intellectual Property
Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.
Having a Florida Trademark or Servicemark is all about protection of your valuable intellectual property
Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a Florida Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a Florida Trademark or Servicemark. A Florida Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered Florida Trademark may be very valuable.
Picking a Name: Types of Trademarks or Servicemarks
Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.
Strong v. Weak Marks
Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:
New York
COMMON INQUIRIES
Our goal is to provide each of our clients with as much information as possible about New York Trademark and Servicemark registration. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of New York Trademark and Servicemark registration at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.
Additional Services
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
What is a New York Trademark?
A New York Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and distinguish goods or services to indicate their source or origin throughout New York. New York Trademark rights may be used to prevent others from using the same or a similar mark in the State.
What is a New York Servicemark?
A New York service mark is the same as a New York Trademark, except that it identifies and distinguishes the source of a service rather than a product.
Why Get a New York Trademark or Servicemark?
Why Get a New York Trademark or Servicemark?
- A name or logo in many cases overtime becomes a company’ s most valuable asset.
- Registering a New York Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
- A registered New York Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
- A registered New York Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
- A registered New York Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.
What is First Use?
New York Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Liability. The bottom line is that if you personally own a New York Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.
Can I register my domain?
Yes, if it meets New York Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a New York Trademark or Servicemark to protect your business from copycats.
What are the requirements?
- The mark must be filed under the owner’s name. The owner must provide the goods or services under the New York Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
- If the owner is a business entity, the type of entity must be specified.
- A description of the products or the advertising or promotional materials the mark has been placed upon.
- A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.
How Long Will My New York Trademark or Servicemark Registration Take to Complete?
The registration process may typically take around four to six weeks to wrap up.
What Happens if the New York Trademark or Servicemark Owner Changes or Their Name Changes?
After a New York Trademark has registered, the owner of a New York Trademark may change for various reasons. Some New York Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some New York Trademark owners change their names while retaining ownership. In both instances, it is advised that New York Trademark owners to record the ownership transfers.
How Do I Inform Others of My Registration?
We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.
Protect Your Valuable Intellectual Property
Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.
Having a New York Trademark or Servicemark is all about protection of your valuable intellectual property
Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a New York Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a New York Trademark or Servicemark. A New York Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered New York Trademark may be very valuable.
Picking a Name: Types of Trademarks or Servicemarks
Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.
Strong v. Weak Marks
Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:
New Jersey
COMMON INQUIRIES
Our goal is to provide each of our clients with as much information as possible about New Jersey Trademark and Servicemark registration. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of New Jersey Trademark and Servicemark registration at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.
Additional Services
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
What is a New Jersey Trademark?
A New Jersey Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and distinguish goods or services to indicate their source or origin throughout New Jersey. Trademark rights may be used to prevent others from using the same or a similar mark in the State.
What is a New Jersey Servicemark?
A New Jersey service mark is the same as a New Jersey Trademark, except that it identifies and distinguishes the source of a service rather than a product.
Why Get a New Jersey Trademark or Servicemark?
Why Get a New Jersey Trademark or Servicemark?
- A name or logo in many cases overtime becomes a company’ s most valuable asset.
- Registering a New Jersey Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
- A registered New Jersey Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
- A registered New Jersey Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
- A registered New Jersey Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.
What is First Use?
New Jersey Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Liability. The bottom line is that if you personally own a New Jersey Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.
Can I register my domain?
Yes, if it meets New Jersey Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a New Jersey Trademark or Servicemark to protect your business from copycats.
What are the requirements?
- The mark must be filed under the owner’s name. The owner must provide the goods or services under the New Jersey Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
- If the owner is a business entity, the type of entity must be specified.
- A description of the products or the advertising or promotional materials the mark has been placed upon.
- A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.
How Long Will My New Jersey Trademark or Servicemark Registration Take to Complete?
The registration process may typically take around four to six weeks to wrap up.
What Happens if the New Jersey Trademark or Servicemark Owner Changes or Their Name Changes?
After a New Jersey Trademark has registered, the owner of a New Jersey Trademark may change for various reasons. Some New Jersey Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some New Jersey Trademark owners change their names while retaining ownership. In both instances, it is advised that New Jersey Trademark owners to record the ownership transfers.
How Do I Inform Others of My Registration?
We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.
Protect Your Valuable Intellectual Property
Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.
Having a New Jersey Trademark or Servicemark is all about protection of your valuable intellectual property
Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a New Jersey Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a New Jersey Trademark or Servicemark. A New Jersey Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered New Jersey Trademark may be very valuable.
Picking a Name: Types of Trademarks or Servicemarks
Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.
Strong v. Weak Marks
Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:
Georgia
COMMON INQUIRIES
Our goal is to provide each of our clients with as much information as possible about Georgia Trademark and Servicemark registration. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of Georgia Trademark and Servicemark registration at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.
Additional Services
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
What is a Georgia Trademark?
A Georgia Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and distinguish goods or services to indicate their source or origin throughout Georgia. Trademark rights may be used to prevent others from using the same or a similar mark in the State.
What is a Georgia Servicemark?
A Georgia service mark is the same as a Georgia Trademark, except that it identifies and distinguishes the source of a service rather than a product.
Why Get a Georgia Trademark or Servicemark?
Why Get a Georgia Trademark or Servicemark?
- A name or logo in many cases overtime becomes a company’ s most valuable asset.
- Registering a Georgia Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
- A registered Georgia Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
- A registered Georgia Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
- A registered Georgia Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.
What is First Use?
Georgia Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Liability. The bottom line is that if you personally own a Georgia Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.
Can I register my domain?
Yes, if it meets Georgia Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a Georgia Trademark or Servicemark to protect your business from copycats.
What are the requirements?
- The mark must be filed under the owner’s name. The owner must provide the goods or services under the Georgia Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
- If the owner is a business entity, the type of entity must be specified.
- A description of the products or the advertising or promotional materials the mark has been placed upon.
- A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.
How Long Will My Georgia Trademark or Servicemark Registration Take to Complete?
The registration process may typically take around four to six weeks to wrap up.
What Happens if the Georgia Trademark or Servicemark Owner Changes or Their Name Changes?
After a Georgia Trademark has registered, the owner of a Georgia Trademark may change for various reasons. Some Georgia Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some Georgia Trademark owners change their names while retaining ownership. In both instances, it is advised that Georgia Trademark owners to record the ownership transfers.
How Do I Inform Others of My Registration?
We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.
Protect Your Valuable Intellectual Property
Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.
Having a Georgia Trademark or Servicemark is all about protection of your valuable intellectual property
Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a Georgia Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a Georgia Trademark or Servicemark. A Georgia Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered Georgia Trademark may be very valuable.
Picking a Name: Types of Trademarks or Servicemarks
Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.
Strong v. Weak Marks
Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:
Nevada
COMMON INQUIRIES
Our goal is to provide each of our clients with as much information as possible about Nevada Trademark and Servicemark registration. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of Nevada Trademark and Servicemark registration at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.
Additional Services
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
What is a Nevada Trademark?
A Nevada Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and distinguish goods or services to indicate their source or origin throughout Nevada. Trademark rights may be used to prevent others from using the same or a similar mark in the State.
What is a Nevada Servicemark?
A Georgia service mark is the same as a Nevada Trademark, except that it identifies and distinguishes the source of a service rather than a product.
Why Get a Nevada Trademark or Servicemark?
- A name or logo in many cases overtime becomes a company’ s most valuable asset.
- Registering a Georgia Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
- A registered Georgia Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
- A registered Georgia Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
- A registered Georgia Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.
What is First Use?
Nevada Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Liability. The bottom line is that if you personally own a Nevada Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.
Can I register my domain?
Yes, if it meets Nevada Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a Nevada Trademark or Servicemark to protect your business from copycats.
What are the requirements?
- The mark must be filed under the owner’s name. The owner must provide the goods or services under the Nevada Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
- If the owner is a business entity, the type of entity must be specified.
- A description of the products or the advertising or promotional materials the mark has been placed upon.
- A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.
How Long Will My Nevada Trademark or Servicemark Registration Take to Complete?
The registration process may typically take around four to six weeks to wrap up.
What Happens if the Nevada Trademark or Servicemark Owner Changes or Their Name Changes?
After a Nevada Trademark has registered, the owner of a Nevada Trademark may change for various reasons. Some Nevada Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some Nevada Trademark owners change their names while retaining ownership. In both instances, it is advised that Nevada Trademark owners to record the ownership transfers.
How Do I Inform Others of My Registration?
We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.
Protect Your Valuable Intellectual Property
Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.
Having a Nevada Trademark or Servicemark is all about protection of your valuable intellectual property
Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a Nevada Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a Nevada Trademark or Servicemark. A Nevada Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered Nevada Trademark may be very valuable.
Picking a Name: Types of Trademarks or Servicemarks
Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.
Strong v. Weak Marks
Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:
Delaware
COMMON INQUIRIES
Our goal is to provide each of our clients with as much information as possible about Delaware Trademark and Servicemark registration. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of Delaware Trademark and Servicemark registration at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.
Additional Services
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
What is a Delaware Trademark?
A Delaware Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and distinguish goods or services to indicate their source or origin throughout Delaware. Trademark rights may be used to prevent others from using the same or a similar mark in the State.
What is a Delaware Servicemark?
A Georgia service mark is the same as a Delaware Trademark, except that it identifies and distinguishes the source of a service rather than a product.
Why Get a Delaware Trademark or Servicemark?
- A name or logo in many cases overtime becomes a company’ s most valuable asset.
- Registering a Georgia Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
- A registered Georgia Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
- A registered Georgia Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
- A registered Georgia Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.
What is First Use?
Delaware Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Liability. The bottom line is that if you personally own a Delaware Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.
Can I register my domain?
Yes, if it meets Delaware Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a Delaware Trademark or Servicemark to protect your business from copycats.
What are the requirements?
- The mark must be filed under the owner’s name. The owner must provide the goods or services under the Delaware Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
- If the owner is a business entity, the type of entity must be specified.
- A description of the products or the advertising or promotional materials the mark has been placed upon.
- A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.
How Long Will My Delaware Trademark or Servicemark Registration Take to Complete?
The registration process may typically take around four to six weeks to wrap up.
What Happens if the Delaware Trademark or Servicemark Owner Changes or Their Name Changes?
After a Delaware Trademark has registered, the owner of a Delaware Trademark may change for various reasons. Some Delaware Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some Delaware Trademark owners change their names while retaining ownership. In both instances, it is advised that Delaware Trademark owners to record the ownership transfers.
How Do I Inform Others of My Registration?
We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.
Protect Your Valuable Intellectual Property
Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.
Having a Delaware Trademark or Servicemark is all about protection of your valuable intellectual property
Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a Delaware Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a Delaware Trademark or Servicemark. A Delaware Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered Delaware Trademark may be very valuable.
Picking a Name: Types of Trademarks or Servicemarks
Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.
Strong v. Weak Marks
Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:
Illinois
COMMON INQUIRIES
Our goal is to provide each of our clients with as much information as possible about Illinois Trademark and Servicemark registration. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of Illinois Trademark and Servicemark registration at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you.
Additional Services
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. – search now! |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. – search now! |
What is a Illinois Trademark?
A Illinois Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and distinguish goods or services to indicate their source or origin throughout Illinois. Trademark rights may be used to prevent others from using the same or a similar mark in the State.
What is a Illinois Servicemark?
A Georgia service mark is the same as a Illinois Trademark, except that it identifies and distinguishes the source of a service rather than a product.
Why Get a Illinois Trademark or Servicemark?
- A name or logo in many cases overtime becomes a company’ s most valuable asset.
- Registering a Georgia Trademark or Servicemark prevents others from adopting your name or design and gives you very favorable enforcement powers throughout the State.
- A registered Georgia Trademark or Servicemark allows you to put everyone on notice with the Trademark symbol “TM” or Servicemark symbol “SM” once the Trademark or Servicemark process is complete.
- A registered Georgia Trademark or Servicemark allows you to advertise and promote your mark and build name recognition and goodwill for your business with out fear of losing the mark to another.
- A registered Georgia Trademark or Servicemark may subject the copycat to injunction, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your mark.
What is First Use?
Illinois Trademark or Servicemark rights are established from the earliest of the date of first use of the mark on the goods or services. A registration can be attacked by the owner of a confusingly similar mark who can establish an earlier date of first use in commerce than the owner of the registered mark.
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Why Should the State Trademark or State Servicemark Be Owned By a Limited Liability Company or a Corporation?
Liability. The bottom line is that if you personally own a Illinois Trademark or Servicemark, you may be opening yourself up to lawsuit in connection with the products or services offered under the Mark. You will want to form a corporation or organize a limited liability company that would own the Trademark or Servicemark and possibly conduct business operations with the same corporation or limited liability company, or you may want to have separate business entities for separate functions described here to add layers of limited liability protection.
Can I register my domain?
Yes, if it meets Illinois Trademark or Servicemark Registration Requirements. If you have an internet-based business, you will seriously want to consider a Illinois Trademark or Servicemark to protect your business from copycats.
What are the requirements?
- The mark must be filed under the owner’s name. The owner must provide the goods or services under the Delaware Trademark or Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
- If the owner is a business entity, the type of entity must be specified.
- A description of the products or the advertising or promotional materials the mark has been placed upon.
- A drawing of the mark and a specimen of the mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service.
How Long Will My Illinois Trademark or Servicemark Registration Take to Complete?
The registration process may typically take around four to six weeks to wrap up.
What Happens if the Illinois Trademark or Servicemark Owner Changes or Their Name Changes?
After a Illinois Trademark has registered, the owner of a Illinois Trademark may change for various reasons. Some Illinois Trademark or Servicemark owners transfer their ownership of a mark to another entity, which is called an assignment. In addition, some Illinois Trademark owners change their names while retaining ownership. In both instances, it is advised that Illinois Trademark owners to record the ownership transfers.
How Do I Inform Others of My Registration?
We recommend that you place the symbol “TM” next to a Trademark or “SM” next to a Servicemark.
Protect Your Valuable Intellectual Property
Many clients assume incorporating or forming their business entity with the Secretary of State will automatically protect their business name—it does not. Incorporation in and of itself is not a valid defense to trade name, Trademark or service mark infringement, unfair competition or anti-dilution claims. You must take a proactive step and register the mark.
Having a Illinois Trademark or Servicemark is all about protection of your valuable intellectual property
Let’s say that you’ve started a corporation, Mystic Green Candle Enterprises Inc., and you’ve got a great idea for a product, the “Mystic Green Candle.” Just because you started Mystic Green Candle Enterprises Inc. would not stop someone else from marketing the Mystic Green Candle. In order to properly protect your idea, you would need to register it. Registering at the state level is cheaper, but of course it affords a lower level of protection than a Federal Trademark or Servicemark, which would protect your Trademark or Servicemark throughout the United States. Now, let’s take the “Mystic Green Candle.” First off, you’d want a Illinois Trademark or Servicemark search and a common law search to make sure that you are not the one that’s infringing on someone else’s Trademark or prior use. Once that’s completed, you’d apply for a Illinois Trademark or Servicemark. A Illinois Trademark or Servicemark can be of just words, such as “Mystic Green Candle,” or it may include a black and white or color design or logo, say, with a picture of the Mystic Green Candle. By registering your mark, you avoid any confusion that may arise in the future. Protect yourself from the competition. This can be one of your best investments. If you expand or sell your business the fact that you have a registered Illinois Trademark may be very valuable.
Picking a Name: Types of Trademarks or Servicemarks
Trademarks and Servicemarks are generally divided into two categories of strong marks: fanciful and arbitrary. Fanciful marks are invented words, symbols or logos. Exxon and Xerox are fanciful marks. Arbitrary marks are words that have meaning, but the marks are not used in connection with meaning. “Fox” photos, “Apple” records and “Gateway” computers are examples of arbitrary marks. Gradually, consumers may associate quality and value with these marks and they are therefore said to have acquired “good will.” Beside the two previous categories of marks, there are suggestive marks. Suggestive marks are legally distinctive but never acquire the strength as the other types. “Coppertone” suntan oil and “Skinvisible” transparent medical adhesive tape are examples of suggestive marks.
Strong v. Weak Marks
Dmarks are the weakest type of mark, where the word or words are merely descriptive of the product or service. Such descriptive marks cannot be used as a mark at all, unless it is shown that the phrase has, over time, acquired “secondary meaning. “Investacorp” for a corporate investing consultant, “Boston Beer” or “Arthriticare” are examples of descriptive phrases. Having said that, it may be possible to take a descriptive word, say for example the previously-mentioned “Investacorp,” “Boston Beer, “ and “Arthriticare” and make them distinctive by adding fanciful letters or words, like with “IC Investacorp,” “BB Boston Beer,” and “AC Arthriticare.” A famous example is with the publicly-traded “PS Public Storage” registered Trademark:
General Counsel Club
COMMON INQUIRIES
Our firm has what we call the “General Counsel Club”. Select this valuable service at the time of ordering your Trademark or Servicemark and receive an additional one month Bonus – so that your first year of service will cover 13 months PLUS take a $50 discount, so you pay only $89.95 for the first 13 months of service. You get unlimited telephone consultations all year long on all your legal and strategic business advice, plus our firm will prepare the Notice and Minutes of your business’s Annual Meeting; our firm will comply with all statutes and applicable laws relating to your business’s Registered Agent & Registered Office; our firm will review all mandatory State filing documents as required by the Secretary of State; our firm will act as your business’ General Counsel; you will receive our firm’s newsletter, “Entrepreneur’s Alert®”, which is published six times a year and provides valuable insight into running your business from a legal and business point of view.
Additional Services
Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
Contract Consulting
GENERALLY
Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. Some of the topics you may wish to discuss include:
Real Estate Purchase Reviews: Review of purchase/sale agreements associated with the purchase of real property.
Business Purchase Review: Review of purchase/sale agreements associated with the purchase or sale of a business.
Commercial Lease Reviews: (including Business Spaces such as: Offices, Stores, Warehouses, and Commercial Lofts)
Our staff has many years of experience representing Tenants. Having your lease reviewed BEFORE you sign on the dotted line can save you thousands of dollars.
In our review we address issues such as:
- Rentable vs. Usable Space
- Reasonable Rental Rates
- Free Rent
- Best Length of Lease
- Leasing contiguous space for expansion
- Assignment and Subletting
- Caps on Rent increases and expenses demanded by Landlords
- Repair Responsibilities
- Exclusivity of Tenant’s Business
- Early Termination Rights
- Personal Guarantees, should you or should you not
- Renewal Terms
- Zoning Issues
- Landlord build out costs
- Change of Control of Tenant
- Signage Protection
Additional Services
General Counsel Club
Search & Attorney Opinion $100.00 Select this valuable service at the time of ordering your Trademark or Servicemark and receive an additional one month Bonus – so that your first year of service will cover 13 months PLUS take a $50 discount, so you pay only $89.95 for the first 13 months of service. You get unlimited telephone consultations all year long on all your legal and strategic business advice, plus our firm will prepare the Notice and Minutes of your business’s Annual Meeting |
Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Trademark Receipt
GENERALLY
SHIPPING INFORMATION
Trademark or Servicemark Packages generally weigh approximately 2 pounds and are available for Pick up at our office or may be shipped to you via Ground (2-3 business day) Service for a charge of $17.95 or via Overnight Delivery for a charge of $30.95. Please note, shipping and handling charges may vary.
SPEED OF SERVICE OPTIONS
NEXT BUSINESS DAY SERVICE
If you need your Trademark or Servicemark urgently, for an additional $150, we will expedite the preparation of Trademark and Servicemark registration documents and the Trademark and Servicemark registration documents will be ready the next business day, after receipt of payment.
3 BUSINESS DAY SERVICE
If you need to register your Trademark or Servicemark fast, we offer a 3 Business Day Service for an additional $75. We will expedite the preparation of the Trademark and Servicemark registration documents and they will be ready in 3 business days, after receipt of payment.
REGULAR SERVICE
The regular processing time for Trademark or Servicemark document preparation is approximately two weeks.
Orders received after 3:30 pm will be processed the following business day.
Additional Services
General Counsel Club
Search & Attorney Opinion $100.00 Select this valuable service at the time of ordering your Trademark or Servicemark and receive an additional one month Bonus – so that your first year of service will cover 13 months PLUS take a $50 discount, so you pay only $89.95 for the first 13 months of service. You get unlimited telephone consultations all year long on all your legal and strategic business advice, plus our firm will prepare the Notice and Minutes of your business’s Annual Meeting |
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Federal Copyright Registration
GENERALLY
What is a Federal Copyright? ©
A Federal Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works. Federal copyright protection starts from the time an original work is created in fixed form. The federal copyright in the work becomes the property of the author who created the work. Generally, only the author can rightfully claim federal copyright.
However, there is an exception for Works Made for Hire, because it is the employer and not the employee is considered to be the author. A work made for hire is a work prepared by an employee within the scope of his or her employment; or a work specially ordered or commissioned for use as:
- A contribution to a collective work
- A part of a motion picture or other audiovisual work
- A translation
- A supplementary work
- A compilation
- An instructional text
- A test
- Answer material for a test
- An atlas
Generally, if there is more than one author the authors of the are co-owners of the federal copyright in the work, unless there is an agreement to the contrary.
Just like with articles in a magazine, federal copyright in each separate contribution to a periodical or other collective work is distinct from federal copyright in the collective work as a whole and vests initially with the author of the contribution, (i.e., each author owns their own magazine article).
- This protection is available for both published and unpublished works. The 1976 Copyright Act generally gives the owner of the federal copyright the exclusive right to do and to authorize other to do the following:
- To reproduce the copyrighted work in copies or phono records
- To prepare derivative works based upon the copyrighted work
- To distribute copies or phono records of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease or lending
- To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic or sculptural works, including the individual images of a motion picture or other audiovisual work.
- In the case of sound recordings, to perform the work publicly by means of a digital audio transmission
Ultimately, federal copyright registration protects the owner/creator from other taking credit for and reaping profits from their achievements.
Who May Register A Federal Copyright?
The author of a work, a person or entity that has obtained ownership of some or all of the rights of the author, such as a transferee, employer or heir of a decedent author or an agent of one the preceding persons or entities.
What About Entity Ownership of a Copyright for Asset Protection?
It is permitted, if not desirable. An individual creator and owner of intellectual property such as copyrighted material may want to form a company to manufacture, promote and sell goods in connection with the intellectual property, but the intellectual property is transferred to be owned by its own, separate and independent business entity that leases or grants rights to the company that is doing the manufacturing, promoting and selling. That way, the intellectual property cannot be jeopardized by the liabilities associated with the business operations of the manufacturing and sales entity. Thus, for asset protection purposes, you may want a corporation, limited liability company, or revocable or irrevocable trust to be the author or owner of a copyrighted work.
Why Get a Federal Copyright?
There are many reasons why you should copyright. One is because you wish to have the federal copyright in the public record and because before an infringement suit may be filed in court, registration is necessary for works originating in the U.S. Also, your copyrighted and registered material may be eligible for statutory damages and attorney’s fees during litigation. If you register a work within the first five years of publication, that registration in and of itself is enough evidence to prove your ownership of the work. If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the federal copyright owner in court actions. Otherwise, only an award of actual damages and profits is available. Registration lets the owner of the federal copyright record the registration with the U. S. Customs Service for protection against the importation of infringing copies. Copyrighted material may also lead to additional cash flow for you in the form of royalties on your works. Once you have applied for a federal copyright you may place the federal copyright symbol “©” in the material you’ve copyrighted. This shows everyone that the material is copyrighted and that it is protected under government law.
What Works are Protected by a Federal Copyright?
Federal copyright law protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
- Literary works
- Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
- Architectural work
What Is Not Protected by Federal Copyright?
Several types of material are generally not eligible for federal copyright protection. These include:
- Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
- Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
- Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
- Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources).
How Long Does the Federal Copyright Last?
A federal copyright lasts for an initial term of 28 years from the date it was secured, then there’s a renewal term of 67 years for a total term of protection of 95 years.
How Do I Transfer My Federal Copyright?
All or part of the federal copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights (i.e., the person to whom it is being transferred gets all of the rights) is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. Transfer of a right on a nonexclusive basis (i.e., the person to whom it is being transferred may have to share rights with others) does not require a written agreement, but it’s always a good idea to do so to forestall disputes.
A federal copyright may also be conveyed by operation of law, such as by will or by intestate succession to the heirs by state law in the absence of a will.
Transfers of federal copyright are normally made by contract. The law does provide for the recordation of transfers of federal copyright ownership with the U.S. Government. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties. A federal copyright owner can terminate a transfer after 35 years under certain conditions by serving written notice on the transferee within certain time limits.
What is the Public Domain?
Works that are not protected by federal copyright are in the public domain. Usually it is because the maximum federal copyright duration has lapsed, for example, all works first published in the United States prior to 1923 are in the public domain in the United States, as are works published between 1923 and 1963 on which federal copyright registrations were not renewed. Also, generic information, such as facts, numbers and ideas, works where the federal copyright holder failed to renew a registration (for a work created before 1978), works created prior to March 1989 that failed to include a proper notice of federal copyright, works created by the U.S. Government and donated to the public domain.
What is Fair Use?
Fair use is the concept that certain types of use of federal copyright protected works do not require the federal copyright holder’s authorization because the use is minimal enough that it does not interfere with the federal copyright holder’s exclusive rights to reproduce and otherwise reuse the work.
Fair use is primarily designed to allow the use of the federal copyright protected work for commentary, parody, news reporting, research and education. However, fair use is not an exception to federal copyright compliance so much as it is a “legal defense.” That is, if you use a federal copyright protected work and the federal copyright owner claims federal copyright infringement, you may be able to assert a defense of fair use, which you would then have to prove it in court.
Federal law describes four factors to determine when content usage may be considered “fair use”:
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit, educational purposes;
- The nature of the copyrighted work; i.e., whether it is of a factual nature or of a creative nature;
- The amount and substantiality of the portion used in relation to the federal copyright protected work as a whole; and
- The effect of the use on the potential market for or value of the federal copyright protected work; i.e., whether the use is in competition with the federal copyright holder or could be in competition.
Photocopying in a business environment probably would not be considered fair use because it typically involves licensing by the federal copyright owner. On the other hand, a parody might be considered fair use and a federal copyright owner usually wouldn’t denigrate their property.
Examples of Fair Use include:
- Quotation of short passages in a scholarly or technical work for illustration or clarification of the author’s observations;
- Quotation of excerpts in a review or criticism for purposes of illustration or comment;
- Reproduction of material for classroom use where the reproduction was unexpected and spontaneous–for example, where an article in the morning’s paper is directly relevant to that day’s class topic.
- Use in a parody of short portions of the work itself; and
- A summary of an address or article, which may include quotations of short passages of the copyrighted work.
What is the First Sale Doctrine? Top of Page
The buying a tangible, copyrighted good, such as a book or a CD, is not the same as owning the intangible intellectual property and the copyright to the work embodied in that good, so that reproducing the material, publicly displaying or performing it, or otherwise engaging in any of the acts reserved for the federal copyright holder, because the transfer of the physical good does not include transfer of the federal copyright rights to it.
What are Trade Secrets? How Do I Protect Them?
Trade Secrets are information, such as a formula, pattern, compilation, program device, method, technique, or process, that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. You protect your trade secrets by not disclosing them. You will want to federal copyright materials that contain trade secrets. The way to keep them secret is by insuring that your federal copyright registration does not require full disclosure, or that there is only partial disclosure. Here are the categories of items that do not require full disclosure, or that require partial disclosure. Click Here If your copyrighted work contains trade secrets or confidential information and isn’t exempted from public disclosure, you may petition for relief.
Also, you will want to make sure potential competitor, such as manufacturers of your item or employees, sign a non-disclosure, non-circumvention and confidentiality agreement and a non-competition agreement.
What is Federal Copyright Infringement?
A federal copyright is infringed when another person or entity reproduces the work of the owner of the copyrighted material without the owner’s permission. There is no set standard regarding how much of a work can be taken without constituting copyright infringement. However, with a registered federal copyright the owner of the registration has a substantial advantage should a legal situation arise surrounding the copyrighted material.
Additional Services
General Counsel Club
Search & Attorney Opinion $100.00 Select this valuable service at the time of ordering your Trademark or Servicemark and receive an additional one month Bonus – so that your first year of service will cover 13 months PLUS take a $50 discount, so you pay only $89.95 for the first 13 months of service. You get unlimited telephone consultations all year long on all your legal and strategic business advice, plus our firm will prepare the Notice and Minutes of your business’s Annual Meeting |
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Statement or Allegation of Use Extension
GENERALLY
In order to maintain your trademark or servicemark, you must file a sworn statement that the Mark is in commerce or that the there are special circumstances that constitute non-use and not abandonment of the Mark. The owner of the registration must file the sworn statement the end of the sixth year (72 months) after the date of registration of the Mark and at the end of each successive ten year period (120 months) after the date of registration. The sworn statement may be filed one year prior to the filing due date or during a six month grace period immediately after the filing due date. Spiegel & Utrera, P.A. will prepare and file the Statement of Use for $249.95 plus U.S. Government filing fee. Spiegel & Utrera, P.A. will prepare and file the Statement of Use Extension for $100 plus U.S. Government filing fee.
What Is Intent to Use?
It means you are reserving your Federal Trademark or Servicemark before you have actually used it in commerce. Before registration, you must use the Mark in commerce and file a sworn statement attesting to such use in commerce. At the same time as the Statement of Use, a specimen showing the Mark in actual use is submitted.
Why Have Spiegel & Utrera, P.A. Assist in Securing A Federal Trademark or Federal Servicemark?
The price is right, but the main reason is that intellectual property is a specialized field where an experienced attorney from Spiegel & Utrera, P.A. can assist you in avoiding Federal Trademark and Federal Servicemark registration pitfalls. Filing a Federal Trademark or Federal Servicemark yourself or using a document preparation service may look cheaper, but in the long run you may very well end up with needless delays and added costs. Although Spiegel & Utrera, P.A.’s filing of your Federal Trademark or Federal Servicemark application does not include representation if the application is rejected or requires amendment, if legal issues do arise, Spiegel & Utrera, P.A. stands ready to represent you in completing the registration process.
Additional Services
General Counsel Club
Search & Attorney Opinion $100.00 Select this valuable service at the time of ordering your Trademark or Servicemark and receive an additional one month Bonus – so that your first year of service will cover 13 months PLUS take a $50 discount, so you pay only $89.95 for the first 13 months of service. You get unlimited telephone consultations all year long on all your legal and strategic business advice, plus our firm will prepare the Notice and Minutes of your business’s Annual Meeting |
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Trademark Monitoring
MONTHLY SERVICE
Once you’ve registered your federal or state Trademark or Servicemark to protect your valuable intellectual property, you’ll need to be aggressive with infringers and potential infringers. Monitoring includes the U.S. Government, one State and Common Law monitoring and an opinion as to the results . This assures the most comprehensive vigilance. Spiegel & Utrera, P.A. will monitor your Mark monthly for $424.95 per month or as low as $85.54 per week.
A distinctive Mark that customers associate with your products or services is very valuable. Registering your Federal Trademark or Federal Servicemark will prevent copycats from confusing customers and damaging your reputation. Let Spiegel & Utrera, P.A., vigilantly monitor your federal or state Trademarks or Servicemark and provide you with reports so you can protect your rights.
Additional Services
Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
120 Month Renewal
FEDERAL TRADEMARK OR SERVICEMARK
Federal Trademark registrations remain in force for 10 years and may be renewed for additional 10-year periods. Spiegel & Utrera, P.A. will prepare and file the Federal Trademark or Servicemark renewal for $349.95 plus U.S. Government filing fee.
Why Have Spiegel & Utrera?
The price is right, but the main reason is that intellectual property is a specialized field where an experienced attorney from Spiegel & Utrera, P.A. can assist you in avoiding Federal Trademark and Federal Servicemark registration pitfalls. Although Spiegel & Utrera, P.A.’s filing of your Federal Trademark or Federal Servicemark application does not include representation if the application is rejected or requires amendment, if legal issues do arise, Spiegel & Utrera, P.A. stands ready to represent you in completing the registration process.
Additional Services
Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
6mo Statement or Allegation of Use
FEDERAL TRADEMARK OR SERVICEMARK
Before registration, you must use the Mark in commerce and file a sworn statement attesting to such use in commerce. At the same time as the Statement of Use, a specimen showing the Mark in actual use is submitted.
6 Month Statement or Allegation of Use or Use Extension
You must file a the sworn statement within six months after the date stamped on the written notice mailed when the examining attorney approves your mark and signifies that everything is acceptable for registration purposes but for the fact that the mark has not yet actually been used in commerce unless an extension was timely filed within the six months. Spiegel & Utrera, P.A. will prepare and file the Statement of Use for $249.95 plus U.S. Government filing fee. Spiegel & Utrera, P.A. will prepare and file the Statement of Use Extension for $100 plus U.S. Government filing fee.
Additional Services
Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
Trademark or Servicemark Common Law
SEARCH & ATTORNEY OPINION
A search must be in full. Looking only at U.S. and State Trademark registers is not enough. Trademark rights in the United States arise from use, not registration, and the owner of an unregistered Trademark may be able to enjoin your company’s use. A proper, full common law Trademark search therefore includes trade directories, business name lists, and information databases.
If the search is favorable, the entrepreneur can apply for registration on the principal register for Federal Trademarks with either an intent-to-use application, which requires subsequent filing of proof of actual use, or an actual-use application if the Mark has already been used in interstate commerce.
Additional Services
Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |
120mo Declaration of Continued Use
FEDERAL TRADEMARK OR SERVICEMARK
120 Month Declaration of Continued Use or Excusable Nonuse
In order to maintain your trademark or servicemark, you must file a sworn statement that the Mark is in commerce or that the there are special circumstances that constitute non-use and not abandonment of the Mark. The owner of the registration must file the sworn statement the end of the sixth year (72 months) after the date of registration of the Mark and at the end of each successive ten year period (120 months) after the date of registration. The sworn statement may be filed one year prior to the filing due date or during a six month grace period immediately after the filing due date. Spiegel & Utrera, P.A. will prepare and file the Statement of Use for $349.95 plus U.S. Government filing fee. Spiegel & Utrera, P.A. will prepare and file the Statement of Use Extension for $100 plus U.S. Government filing fee.
Additional Services
Federal Trademark / Servicemark
Search & Attorney Opinion $275.00 A search of the United States Government’s records including marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. |
State Trademark / Servicemark
Search & Attorney Opinion $99.95 The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. |
Combo Federal + State
Search & Attorney Opinion $524.95 Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. |
TM / SM Federal Registration
Application Preparation $219.95 Trademark Registration of your company name, word or phrase would be $219.95; during the application process The US Government filing fee of $275.00 will be paid by you. Spiegel & Utrera, PA fee is for a single class, each additional class Spiegel & Utrera, PA fee is $75, plus an additional government filing fee of $275.00 for each additional class. |
Agreement Consultations
Search & Attorney Opinion $100.00 Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an Attorney BEFORE you sign it. We offer Consultations at our office and over the phone for $100. per half hour or a fraction thereof. For your convenience, you can fax us the documents that need to be reviewed and the attorney can advise you over the phone. |