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What is an industrial design?

An industrial design is a unique form of patent, used to protect an improvement in functionality. If the innovation for which you are seeking protection is based on improving usability rather than visual appearance, you should consider filing a patent application if you believe it meets the patentability requirements. Similarly, these changes do not shield intangible assets that are not visible to the naked eye.

What benefits does registration provide?

For business owners, an industrial design registration can be an important business asset. The success of a product is generally influenced by its shape; In an aesthetics-driven consumer base, the appearance of a designer product can often be just as or more important than its functionality.

Obtaining exclusive rights to a product with a specific look can result in a significant return on investment because it will allow you to prevent others from reproducing a popular design.

If someone infringes your design, you can take your case to court and receive compensation for lost sales as a result of the infringement of your design registration. As with copyright, an industrial design can be sold or licensed to others.

Additionally, registering your industrial design can help you establish trademark goodwill in a specific shape and appearance of the item, known as its appearance in trademark law. This can increase the overall protection you have from others copying your design.

Trial attorneys take civil lawsuits that are filed in court involving two parties where one is a plaintiff and the other is a defendant. The process of filing a lawsuit in a court of law is called litigation. The person who files the lawsuit is called the plaintiff or plaintiff, since she seeks a legal remedy for the defendant’s action.

Litigation Sphere Area Lawyers
Trial attorneys take cases involving the resolution of private law disputes, disputes between individuals, between business entities and non-profit organizations. They can even accept cases involving the government on one side and a private person or entity on the other. If you have been wronged due to a certain government action and want to file a claim for the injury, you can get the help of a trial attorney.

Simply put, cases that do not involve criminal law are taken on by trial attorneys. His legal experience helps you fight your cases and get a fair trial. These attorneys are knowledgeable and skilled in civil rights law involving civil matters such as business, personal injury, and employment.

In particular, it is not necessary that all civil disputes end in lawsuits. Even in such cases, trial attorneys would be helpful in negotiating a settlement out of court.

Qualities of good trial lawyers
The field of civil litigation is very broad, but the usual practice is for a trial attorney to specialize in one area of ​​civil litigation. Before hiring a trial lawyer, it is best to evaluate their training and experience in the field related to your case. A good trial lawyer is one who:

– Is able to initiate negotiation processes before things get out of control and reach a trial process in a court of law in an appropriate manner.

– Is competent to negotiate in good faith and adequately looks after the interests of the client.
He has the ability to communicate legal complexities to clients.

– Is able to communicate and interpret court decisions appropriately.

– He is persuasive and knows how to persuade opposing counsel, the jury, the judge and the client.

– You must also be fair, honest and reasonable when charging clients for legal services.

Hiring a trial lawyer can be an expensive affair in Australia. If you need an effective trial attorney at an affordable price, consult Rosendorff for successful resolution of litigation cases.

A person who has been drinking may consider operating their vehicle because they believe they are still capable of driving safely. However, alcohol is a kind of depressant drug that affects the central nervous system, especially the brain. This means that alcohol intoxication can affect a person’s view and experience of reality. In fact, they will not be able to act and respond to things accordingly. Finally, drunk people do not know how much their driving ability has been affected.

A drunk driver will not be able to accurately judge the speeds and distance of other vehicles, and will not be able to respond to potential hazards or changes in traffic situations. The ability to multitask is also reduced. For example, a drunk driver may not be able to stop immediately when a pedestrian suddenly crosses the street.

slow reaction time: Drivers should understand that even small amounts of alcohol will affect your body and your ability to drive. They may find it difficult to react immediately when something unexpected happens. This is due to the fact that it will take longer for the brain to receive and process messages from other parts of the body. The process of digesting the information becomes much more difficult, and the instructions sent to the muscles will be delayed. Alcohol intoxication can slow down your reaction time by 10-30%.

inadequate muscle function: As mentioned above, alcohol affects the central nervous system and the brain. This leads to loss of coordination and control of muscle movements. Thus, it makes it more difficult to operate a moving vehicle.

Vision and hearing problems: The common mistake of drivers who get behind the wheel despite being drunk is to assume that they can drive safely if they just focus on the road. However, drunk drivers often focus on what is in front of them and forget to look at what is happening in their side vision. In addition, alcohol also reduces the driver’s ability to see things from a distance. Your night vision will be reduced by 25%. Drunk drivers may also experience blurred or double vision.

Impaired judgment or reasoning: Alcohol intoxication will also affect the rational part of your brain that handles proper judgment and reasoning. This means that the driver’s ability to judge right from wrong, good from bad, will be greatly affected.

Tips to avoid drunk driving

• Watch how much you drink.
• Eat before you drink. If you have a full stomach, your body will absorb alcohol more slowly.
• If possible, don’t drive when you’ve had a few drinks. If you plan to drink, please assign a designated driver or leave your car at home.
• Take a taxi or take the bus home if you’re drunk. You can also sleep at your friend’s house.

Bank ownership is a great way to buy real estate at discounted prices. Bank foreclosures consist of residential homes, commercial properties, and vacant land. Whether you are looking for a first home, a vacation home, an investment property, or a real estate deal, bank properties may be the perfect solution.

To purchase bank-owned properties, buyers must submit offers through the bank’s loss mitigation division or assigned real estate agents. When banks control multiple foreclosures, they often use local real estate agents to list and show properties and submit offers. Buyers should know that banks rarely deviate from the sales price unless extensive repairs are revealed during property inspections.

Banks often take a financial hit during the foreclosure process. The average loss per foreclosed property is estimated at $60,000. The main objective of the banks is to recover most of the losses when selling foreclosed properties. Buyers should plan to offer full sales price or slightly below.

Most foreclosures require repairs. This is particularly true in the case of residential houses. Unfortunately, homeowners of foreclosed homes often retaliate against lenders by causing property damage. It is not common to find retired appliances; floors and walls destroyed or mutilated; or broken windows and plumbing fixtures.

Real estate prices are based on current market value and are adjusted based on required repairs. Buyers must do due diligence when obtaining property appraisals and home inspections. Repairs discovered during the home inspection that were not recorded in the original documents may be used to negotiate the purchase price.

Bank property is generally priced at least 10 percent below market value. However, there are options that allow buyers to get additional discounts. The first involves buying homes through Fannie Mae’s Home Path Mortgage program.

This government-sponsored mortgage financing program offers a wide range of discounted foreclosure properties. Many of the homes for sale are located in areas experiencing a higher than average foreclosure rate and may qualify for Neighborhood Stabilization Program grants offered through HUD.

Fannie Mae established Home Path to clear its national inventory of bank foreclosures by offering special financing options. Home Path can be a good option for buyers with bad credit and those who cannot afford the down payment requirements associated with conventional home loans.

Home Path requires a minimum 3 percent down payment and allows borrowers to obtain down payment assistance from outside sources; which is prohibited when obtaining financing through conventional lenders. Details of the program and lists of foreclosed properties are provided at HomePath.com.

Another way to buy bank properties at reduced prices is to look for real estate investors who buy bank portfolios. When investors buy foreclosed properties wholesale, they get wholesale prices, leaving them room to make a profit while selling real estate below market value.

Last but not least, buyers should consider looking for a bank property that has been on the market for 60 days or more. Banks sometimes negotiate prices when real estate has stagnated or when no one makes an offer.

Using grants in conjunction with Fannie Mae foreclosures or wholesale real estate can further maximize savings and return on investment. Those who take the time to research options and educate themselves on the process can potentially save more than 30 percent or more.

It is best to obtain information from reputable mortgage financiers and government agencies or real estate attorneys and investors who specialize in buying and selling bank-owned foreclosed properties.

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If you want to make your career in political science, this article is right for you. If you are confused about career options after your degree, don’t worry because there are plenty of career opportunities available to you after completing your Bachelor of Political Science. Let’s look at some of the potential jobs and careers in this stream.

CAREERS IN POLITICAL SCIENCE:

POLITICAL ANALYST:

After choosing undergraduate studies as a specialization in this field, students can acquire a good knowledge of public policy. The only profile in the political field where the skills are really related and can be applied is a political analyst. In this profile, candidates must check whether the proposed policy and legislation can be carried out or not.

ATTORNEY:

If you want to become a lawyer, then you need a degree in Political Science. The topics and classes of the Pre-Law environment are similar to those of the Bachelor’s degree in this career. He will know all the laws and legislation that help him work for various political groups after completing this degree.

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POLITICAL CAMPAIGN STAFF:

The choice of the candidate is the ultimate motto of politics. Through the study of political science, you will learn about the political process and understand how various parts of politics influence the election of a candidate. You will primarily work in speech writing, press release writing, social media, along with planning rallies and engaging with citizens as a political campaign staffer.

MARKET RESEARCH ANALYST:

The job profile of a Market Research Analyst will be easy for you after completing the Political Science degree. You may not understand the job profile until you walk into it and work for it. Students will verify the quality of a product or service instead of analyzing a part of a candidate.

LEGISLATIVE ASSISTANT:

As a legislative assistant, you will work alongside representatives, senators, etc. with the help of his writing and communication skills. You will be of great help to legislators through communication strategy, research or coordination with voters. Those mentioned above are few career opportunities in this field.

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According to the career advice given by experts, you will definitely succeed in choosing a career in political science.

The Government of India provides small and medium-sized businesses with a unique number and a certificate that recognizes and certifies them as businesses. It is called the record of Udyog Aadhar. Previously known as the MSME registration process, any of the following businesses can opt for it:

1. A sole proprietorship entity

2. An LLP company

3. A private limited company

4. Or any other corporation

To register, you need a 12-digit Aadhar Number which can be provided by:

1. The owner of the firm

2. The director of the company

3. The owner of the entity

Udyog Aadhar – Who should opt for him?

Any company, business or entity that meets the specified criteria of micro, small or medium-sized business can apply for MSME registration. If the company can be classified as MSME, then you can go for Udyog Aadhar. The type of business may include:

1. Property

2. company signature

3. limited liability company

4. production company

5. sole proprietorship

6. cooperative societies

7. Hindu undivided family

8. limited liability company

9. limited liability company

Apart from those listed above, any other association of persons or companies can also choose to register with Udyog Aadhar.

How to register in Udyog Aadhar?

In recent years, the government revamped the SSI and MSME registration process to make it much simpler. The renewed system is simple and does not require much data. It should be noted that the online portal can only be used by people who have an Aadhar card and own a company.

A person who wishes to register as an MSME but does not possess an Aadhar number must submit the Udyog Aadhaar Memorandum (UAM) to the General Manager of the required District Industries Center. Here are the steps to follow for those who have an Aadhar number:

1. Udyog Aadhar has an official registration portal. The first step is to visit it.

2. Once the web is open, fill in two pieces of information:

• The full name of the person requesting the record.

• Your unique 12-digit Aadhar Number.

After this, click on the ‘Validate and generate OTP’ button. The one-time password will be sent to the mobile phone number registered with the Aadhar card. Use the OTP to complete the social category. There will be four classes:

• CS

• S.T.

• CBO

• General

3. Now all the details of the business or company must be filled in. Remember that the name space should be filled in with the name of the business and not the person completing the application. For correspondence details, enter the company’s full mailing address. This would include:

• District

• Pin code

• Condition

• Email address

• Mobile phone number

4. Next comes the transfer information that requires data such as:

• The date the entity began operations. (Use the calendar to fill in the exact date)

• Any previous registration data. (This includes SSI registration, EM1, EM2 and UAM registration number)

5. The form will now ask for bank details. Enter the bank account number and the IFSC code of the bank branch. Make sure the account is registered in the name of the company. To find the IFSC code, go to the bank’s website.

6. The next step is to specify the main business of the companies. Udyog Aadhar offers two options: manufacturing and services. For a company that does both, the best case scenario is to choose the option that makes up the significant part of the operations. For example, if the company is 70% manufacturing and 30% service, then manufacturing would be the correct selection.

7. The last detail requested by the form is the number of employees currently enrolled in the business and the total amount of the investment.

8. The final step in the procedure is to choose the District Industry Center. Use the drop down list to choose one. After this, accept the statement and submit the application.

If a person has more than one company, they will need to fill out a separate Udyog Aadhar form for each company.

Why register under Udyog Aadhar?

A simple process that does not require paperwork is not the most important incentive to register a company for Udyog Aadhar. The scheme offers a large number of rebates and benefits for small, micro and medium-sized businesses. To name a few:

• The company obtains an exemption from excise taxes.

• The business can opt for the credit guarantee scheme.

• The company is also exempt from direct tax laws.

• Since the business demands a lot of electricity, a registered company can make use of the concession on energy bills.

• If the entity files trademark or patent applications, it gets a reduction in the fee.

• Once a company is designated as an MSME, it can make use of many government schemes, such as:

1. easy loans

2. unsecured loans

3. low interest rates on loans

Another way to increase business income is the subsidies enjoyed by registered MSMEs.

• When the company decides to participate in international and foreign exhibitions, it gets financial support from the Indian government.

• A Udyog Aadhar company gets waivers when applying for any government-issued tender

Beyond retirement and the iconic, stereotypical senior porch swing, today’s Baby Boomer seniors are living longer and finding amazing new ways to share their time, energy, and talents with others in their homes. last years.

Do you remember watching your grandmother knit in silence, watching TV or listening to the radio for seemingly hours while your grandfather sat with her or entertained around the house? Well, those days are long gone as Baby Boomers and seniors across the US are taking on new challenges, new roles, and new activities that reflect the fast-paced times and economic climate in which we live.

Today, older Baby Boomers are dating more than ever, including taking college classes in various areas of study and interest. In fact, proudly, about 20 years ago, my own mother graduated from the University of Maryland when she was 72 with a minor in sociology and a minor in linguistics. Yes, it took her 10 years, many buses and many, many nights as she worked toward her life’s goal of graduating from college with her 4-year degree. To everyone’s surprise, she even successfully took algebra to earn that degree. The course load was heavy, the time was well spent and she was able to achieve her lifelong goal… And she kept her young, alert and active. My children, siblings and I will never forget them announcing over the loudspeaker that she was the oldest candidate that day at graduation!

With current statistics revealing that a staggering 80 percent of seniors plan to work after age 65, and that between a quarter and half of them have been unable to save for retirement, things are sure to be different for the rapidly aging baby boomer generation.

It has been estimated that when the Baby Boomer generation reaches age 65, the 65+ demographic will double what it is today. With this massive and unprecedented number of seniors relying on Social Security for retirement and working well into old age to supplement their Social Security income, Baby Boomers are in a prime financial position to need to work more time, at least part time. in his later years.

That being said, they will remain one of the busiest generations in history, as they balance working in their later years to earn extra income, helping their children with their grandchildren, volunteering in their communities and churches working with the homeless, programs for youth and literacy programs, enroll in college courses, join senior centers for art, exercise and other classes, and the list goes on.

With this generation of Baby Boomer seniors ditching the rocking chair for a more central role in American culture and society, many Baby Boomer seniors will be in a position to share their valuable experiences, knowledge, and the wisdom of his years. with many people inside and outside their houses. Striving to make a meaningful difference in the world around them, these dynamic and active Baby Boomer seniors will be in a strategic position to positively impact people of all ages and backgrounds in unprecedented ways.

It is what we do to start the game; it’s what we do between quarters, at halftime, on third-down conversions and when touchdowns are made; it is what we do that makes us proud of our university and our team. It sets us apart from everyone else in our league and gives us a unique brand of who we are and all we stand for. It is called tradition (a state of mind, an inner state of being, and an outer manifestation of the emotional spirit) or simply “pride and joy.”

Whether you show your devotion to a varsity team with the clothes you wear or the gear you accumulate over time, the truth is that every fan should be aware of, at best, a handful of the many traditions that are upheld. on campus or at the football stadium. From adrenaline rushes to chills, from moments of solitude and silence to moments of deafening chants and stadium rumbles, there isn’t a college campus or college stadium where you won’t find a steadfast and enthusiastic student body or fan base. involved.

Speaking of stadium noise, this is reminiscent of a Metallica favorite. The Virginia Tech Hokies are known for their “Enter Sandman” explosive entrance onto the football field as the crowd jumps up and down as music fills the air, causing a rumbling effect throughout the stadium. If you’re a fan of college sports and haven’t visited Lane Stadium for this experience, put it on your bucket list. Representative live animal school mascots accompany your team onto the field like Uga the University of Georgia bulldog and Ralphie the massive buffalo from the University of Colorado. Warriors like Tommy Trojan and the Travelers from the University of Southern California and Chief Osceola mounted on a beautiful Appaloosa with a flaming spear take center stage to begin their performance on the field.

Others may rub their hands together for good luck with significant tokens or token structures before leaving the team tunnel or setting foot on the field of play, such as Clemson University’s Howard’s Rock and University of Maryland’s Terrapin. Infamous arm movements like the University of Florida’s notorious alligator bite and megaphone hand gestures for the South Florida Bulls and Texas Longhorns, or bursting out chants like “We Are… Marshall” or “Let’s Go.” …tigers”! And then there’s a bit of history to highlight in things like Georgia Tech’s “Ramblin’ Wreck” and Oklahoma’s “Sooner Schooner.” Regardless of what tradition any college or university embraces, those values ​​introduce a deeper inner feeling of pride and energetic exuberance.

Invariably, the acts of traditions are not limited to fight songs, school sports colors, game day chants, body movements, team spirit cheers and scoring rituals, but newcomers will surely pick them up and carry them out. faithfully game by game, year after game. year and decades to come. Many times, countless traditions seem to have been magically, or accidentally, invented in the heat of the moment with no real reason or purpose in mind. They may have started as an unintentional moment of light-hearted expression, sometimes even perpetrated as some sort of joke. Whether coincidence or persistence, these college sentiments have all the right things dwelling in the hearts and minds of students and parents, fans and spectators, players and coaches, staff and faculty members to the point where one can hear. say, “The color orange is in my blood” or “I bleed purple.” You can’t get any closer to the heart than that.

The United States of America finally removed Nigeria from the list of major drug trafficking countries for the first time since 1991. President Barack Obama announced that the reason for removing the country’s name from the list was because it no longer met the criteria for the list. under US law.

Until now, Nigeria was considered an important transit point (although not a producer of opium or other related drugs) for narcotics from Latin America to the United States of America. Placing the country on the top drug list actually dented its image for a long time. The government of this country did everything humanly possible to reverse the ugly trend and improve the image of the country that was already plagued by corruption.

However, countries such as Afghanistan, Bahamas, Bolivia, Myanmar, Colombia, Costa Rica, the Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru and Venezuela are on the list. . this year.

The Nigerian government addressed this issue with all the seriousness it deserved, using a pragmatic approach; to ensure that the country was not only removed from the US government’s black book, but also regained its respect in the committee of nations.

How was Nigeria removed?

1. Massive anti-drug campaign: The government embarked on a massive anti-drug campaign using both print and electronic media to ensure that its citizens knew the consequences of drug trafficking and drug use. This helped reduce the number of people who saw the illicit drug trade as a quick way to get ahead.

2. Punitive Measures: The government also enacted laws that made the use or sale of narcotics a punishable offense. The culprits were prosecuted through due process of law and, when found guilty, were sentenced to several years in prison for making the business unattractive. In addition, the properties that were proven to have been acquired through this illicit business were also confiscated by the government.

3. Security Measures: The National Drug Enforcement Agency (NDLEA) had several security measures in place to detect those who smuggle drugs across our borders. The use of sniffer dogs and body scanners were part of the measures put in place to ensure that those carrying narcotics in their luggage or concealed on their bodies were easily found at airports.

4. Domestic Measures: The NDLEA was also able to reduce the cultivation of hard drugs like Cannabis Sativa within the country by going from state to state, destroying drug farms and burning them down. This helped to minimize the number of youths turning to hard drug farming. The essence of the destruction of the cannabis farms was to send a strong message to the farmers that no psychotropic drugs would be tolerated in the country.

Now that the country’s name has been erased from the bad list, it is necessary to consolidate our achievements and not rest in our oars, as this could be dangerous if we do not realize that there is a possibility that the drug barons regroup to continue trading if security measures are relaxed.

To prevent any kind of relapse, there must be proper control of our national borders to make sure that no more hard drugs reach our shores. Imported goods (especially those from Latin America) must be thoroughly checked at our borders before being allowed into the country.

There should be alternative businesses for those who have been prosecuted and rehabilitated so that they no longer think about dealing drugs again. They must also be given a new reorientation so that they realize that it is a pride to obtain wealth legitimately.

This development should be seen as an important step in the right direction for the Barack Obama government to regain its popularity, especially in Nigeria and Africa in general. The war against the trade in narcotics or psychotropic drugs must be seen as a collective war. Therefore, everyone should join the fight to rid the world of ill-gotten riches, drug-induced psychoses, and violent crime. The world would be a better place to live if the war is won in the long run.

INTRODUCTION:

Boogie boards, fins, wetsuits, T-shirts, swimsuits, sunglasses, sunscreen, bottled water, sandals, umbrellas, towels, volleyballs, coolers… sounds like another summer day at the beach! However, for the savvy entrepreneur, these beach accessories/necessities are the breeding ground for commercial exploitation. Not far off in this petri dish of sand consumption and capitalism is the need to select a trademark by which the exploited item will be known, for example, HOBIE® surfboards, O’NEILL® wetsuits, sunglasses, OAKLEY® sunglasses, BAYWATCH® wristwatches, MIKASA® volleyballs, and COPPERTONE® sunscreen and tanning lotions. This article will highlight some famous trademarks in the sun, sand, and surf and will briefly address the legal and business issues regarding the selection, licensing, and registration of such trademarks.

DEFINED TRADEMARKS

A trademark (or trademark) is defined as any word, symbol, slogan, or device (such as a design), or a combination thereof, used by a manufacturer or merchant to identify its products or services and distinguish them from those made by the manufacturer or trader. , sold or repaired by others. COPPERTONE® and SPEEDO® are excellent examples of ‘word’ marks. “SO DON’T BURN” is an example of a ‘tagline’ brand. A logo or design such as the famous COPPERTONE girl and dog is an example of a ‘design’ mark. An example of a service mark is ESPN® for “entertainment, news, and sports programming services delivered via television.” A service mark such as ESPN® may also be exploited and serve as a trademark (ie, for apparel (shirts, hats, sweaters, vests); prerecorded videotapes; beach bags, beach towels, etc.). In the US, trademark rights are acquired through use (eg, by selling or transporting your product in commerce with the mark attached or on a label). Also, under certain circumstances, “color” may be a trademark. Examples outside of the surf/beach industry are the color “pink” for fiberglass insulation and “green” for dry cleaning pads.

SELECTION AND LIQUIDATION

Selecting a brand is the first step a retailer takes to create an identity for their surfboard, swimsuit, etc. Trademark licensing is the process of determining whether or not the trademark is available and is not being used as a trademark by someone else. The importance of this authorization process cannot be overstated. Ignoring this vital step can lead to a multitude of problems and expenses. In licensing a trademark, a two-step process is suggested. The first step is to perform a computer trademark search online. This online search is further clarified by identifying the products one is seeking to use or sell, as trademarks are categorized by classification. In the United States, the federal government has adopted the International Classification system. Toys, sporting goods, volleyballs with swim fins, body boards, and surfboards are included in Class No. 28. Bathing suits and clothing and beachwear are in Class #25. Backpacks, beach bags, and gear bags are in Class #18. Posters, magazines, books, stickers and other printed materials and publications are included in Class #16. Videotapes, audiotapes, video game software (including software downloadable over a global computer network), surfing helmets, and skateboards are in Class #9. So if you plan to sell surfboards, apparel, and gear bags, you’ll want to do an online search for Class #28, 25, and 18. The online search is often referred to as a “knock-out” search. . This is because searching online is a quick and relatively inexpensive way to determine if the trademark is already in use. These online searches are often available at public libraries, commercial search companies, and law firms.

If your trademark appears to be free of conflicts after conducting an online search, the next level of search is the full search, which is obtained from commercial search firms such as THOMSON COMPUMARK and CORSEARCH. The comprehensive search will search the federal trademark database at the Patent and Trademark Office, state trademark registries, common law sources such as telephone directories and Dun & Bradstreet listings, as well as domain name registries from Internet. If your trademark still appears conflict-free after a thorough search, then you can be pretty sure that you can adopt and start using your trademark. WARNING: These searches are not guarantees of the absence of conflicting trademarks, but allow a merchant to make a more informed decision in licensing a trademark.

FEDERAL TRADEMARK REGISTRY

For maximum protection, it is best to register your trademark or service mark. In the US, your greatest rights can be obtained with a federal trademark registration. If you only do business within one state, say California, you may be able to register your trademark with the California Secretary of State. However, if you intend to do business across state lines or in foreign commerce (or if you are already doing business across state lines or in foreign commerce), then it is prudent to file an application for federal trademark with the US Patent and Trademark Office located in Alexandria, Virginia.

The application for registration of a trademark must be filed in the name of the owner of the trademark. The applicant must submit: (a) a written request; (b) a drawing of the mark; (c) the required filing fee (currently $325 per brand per class). The applicant will also incur attorneys’ fees, usually a flat fee, if an attorney is retained to file the application(s). Trademarks registered with the Federal Government, as indicated above, are categorized by a classification system that corresponds to the type of merchandise to be registered. For example, MOREY® and MOREY BOOGIE® for body boards, CHURCHHILL® swim fins, and MIKASA® volleyballs are all in Class #28. The ESPN® service mark is in Class #41; QUIKSILVER®, HANG TEN® and OCEAN PACIFIC® for apparel are in Class #25; BILLABONG® and BODY GLOVE® wetsuits are also in Class #25; REEF BRAZIL®, NIKE® and ADIDAS® for sandals and footwear are also in Class #25; SPEEDO® and TYR® backpacks and gear bags are in Class #18; SURFER® Magazine, VOLLEYBALL® Magazine and SURF BUSINESS(TM) are in Class #16 for publications.

After registering the mark in the US, it is important to notify this fact by placing the registered trademark symbol, “®”, next to the mark. Before registration, it is also advisable to use the symbols “TM” (for trademarks) and “SM” (for service marks).

The main advantages of a federal registration include:

“Constructive notice” at the national level of the claim of ownership of the trademark by the registrant. Essentially, this eliminates the good faith defense of an infringer who claims to have had no actual knowledge of the trademark.

The record is also evidence of (a) the validity of the record; (b) the ownership of the mark by the registrant; and (c) the exclusive right of the registrant to use the mark in commerce in connection with the goods or services.

Registration also entitles the registrant to (a) file a claim for trademark infringement in Federal Court; (b) prevent the importation of goods bearing an infringing mark; and (c) use the registration as a basis for registering the same mark in certain foreign countries.

Trademark registrations are valid for 10 years, subject to certain use and filing requirements, and are renewable every 10 years, also subject to continued use and renewal filing requirements.

FOREIGN TRADEMARK REGISTRATION

If your product is distributed internationally, then you must, in general, register your trademark(s) in each country where you plan to do business or are doing business. It’s so expensive? Yes! On the other hand, the alternative is the possible loss of the ability to sell your product in those countries where a third party has previously filed an application for your mark(s). Therefore, foreign trademark protection is generally obtained on a country-by-country basis. Unlike the US, however, trademark rights in many foreign countries are obtained through registration rather than use. This further requires the importance of applying for trademarks in foreign countries as soon as possible.

A notable alternative to the typical practice of registering trademarks on a country-by-country basis is the new Community (European) Trademark Application which has been available since January 1, 1996 for filing. By obtaining a Community-wide trademark registration, the owner of a US registered trademark, for example, can save time and money that would otherwise be spent registering a trademark in each separate European country and, Hopefully, you could get maximum protection for your trademarks in foreign markets. at minimal cost.

CONCLUSION

Whether you are selling products or services, it is very important to know your trademark and/or service mark and its value. In a competitive business environment, the potential for economic loss is tremendous if trademark rights are not acquired, evaluated, protected, and maximized. While this article does not claim to cover all the intricacies of trademark law, hopefully it has helped shed some light on this area of ​​the law that is of the utmost importance to the business owner.

© Copyright 2008, William E. Maguire. All rights reserved.