What is a Trademark Search?

A trademark search can, in actuality, be many different things. In theory, a trademark search is performed to determine whether or not the mark you are hoping to use is already taken by another. This allows an individual to apply with a greater level of confidence for the use of a trademark with the United States Patent and Trademark Office (herein referred to as the USPTO). A trademark search is, ideally, a comprehensive, analytical way of researching a name, slogan or logo for prior use.

A trademark search can also be performed in a sloppy and ineffective manner, and may not protect you from potentially infringing upon another?s name or logo. This is why it?s important to ensure that the trademark research you have commissioned is done comprehensively and thoroughly!

It is not unusual for a trademark research company to charge hundreds of dollars for searching the USPTO, which you can do for free. Comprehensive research firms search Federal, State and Common Law records, which is a more logical and thorough way to research your name. When commissioning research on your name, it is important to ask the company you?re considering using to clarify what exactly their searches entail, each step of the way.

Companies may try and save money in other ways, including letting you pour through the raw data they collect without any summary of what it all means. It is important to be sure once you?ve decided to commission research on your name that the information is compiled into an easily readable report. Examining the results of your research can sometimes be difficult, even when placed in an edited report. If you?re left to decipher the meaning of a company?s raw data, chances are you may under react or overreact to the results.

When searching your name, it is important that phonetic spellings of the name are searched, as well as vowel variations. This should be done in order to find any potential matches of your name, whether these matches are similar or identical. Ultimately, the goal of the search is to allow an individual to apply for the searched name feeling as though they are informed, and free of any potential legal ramifications. Unless your search is comprehensive, there is no way to promise the same peace of mind a thorough search can!

Applying for a trademark does not have to be a painful, convoluted process. It can actually be quite easy if you follow the correct steps throughout! Remember, it is a process to research a name.

Marit Lee is a Researcher for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or call Marit directly at 800.550.1520.

Microsoft Loses Patent Lawsuit

One of the top news stories this week that got virtually no popular press involves the judgment against Microsoft by a small company with a big software patent.

University of California and Eolas Technologies, Inc. hold a patent which Microsoft, according to several judges, violated with its popular Internet Explorer Web browser.

Without going into painful technical detail, the patent involves the "ActiveX" technology enabling Web browsers to display both web pages and content such as streaming audio, Flash, QuickTime video and other "rich" or "dynamic" content.

Despite heated input by the Internet community to invalidate Eolas' patent because of its broad nature, Microsoft lost every appeal and effort to get the patent nullified.

Bottom line: Microsoft faced two choices. First, they could pay the patent owner and keep things moving along, business as usual (much the way Blackberry did recently when a judge found them guilty of patent infringement).

Second choice: Microsoft could avoid future licensing fees by changing their IE browser and removing the offending code.

Which do you think they chose? Ding-ding-ding!

You guessed it, Microsoft chose to avoid paying millions more by simply removing the offending code.

Unfortunately, that decision means a bit of trouble for a few million web designers who use Flash, streaming movies, and more.

Ultimately, the change to IE may force visitors to sites with rich content to click on an object to enable it before they can interact with it.

Not a huge deal. However, time will tell what ultimately happens and the actual impact on sites running rich content.

But before everyone starts screaming that "The sky is falling" and "our websites are broken," let me ask you a question.

Do you really think that companies like Macromedia (makers of Flash) and sites like Google Video will let a few changes in Internet Explorer put them out of business?

I don't think so!

If anything, this change will force companies to step up to the plate and discover ways to serve dynamic content that does not depend on ActiveX.

Sure, it will mean some pain for both content creators and users in the short term, but in the end I honestly believe that, through innovation, we will all end up with a better solution than what currently exists.

In other news today...

** Hollywood Goes Online **

Six major movie studios recently announced their intentions to start selling new-release movies via Internet download from the site MovieLink.com.

But before you jump for joy at watching "Brokeback Mountain" on your pc, understand a couple of facts.

You can't burn the movie to DVD, and the downloadable films carry a price tag of around $15-30, a price comparable or more than a physical DVD you can purchase at Wal-Mart.

As a rabid DVD consumer and enthusiastic computer user (with six in my home office alone), I can tell you right up front, there is no way in @#$%* I'll pay 20 bucks for a movie I can't "veg" out with in front of the TV.

Are they insane?

Until it gets to the point where you can download a new- release movie, burn it to DVD or put it on your iPod, downloadable flicks will remain, at best, a novelty.

"Finally! A Quick and Easy Way For YOU to Painlessly Set Up Your OWN Moneymaking 'Mini' Websites... Without Being a Computer Geek, Buying Expensive Software, or Paying Outrageous Fees To A Webmaster!" Click Here => http://www.MiniSiteCreator.com

Patent - History Of U.S. Patent Office

In this article we're going to do a brief historical review of the United States Patent Office.

The first national patent system was influenced by Thomas Jefferson in 1790. This was actually added to the United States Constitution in order to protect the rights of inventors. From this began the growth of the American corporation. Even though the original thirteen colonies has individual patent laws it wasn't until this constitutional act that the patent system became uniform for everyone.

Actually, the modern concept of the patent itself was established in Great Britain in the year 1449. That year King Henry VI issued a patent to John of Utynam for stained glass manufacturing. The actual history of the English patent system is important for understanding the patent system of the United States but is not the focus of this article. There are plenty of documents online where this information can be found.

In the United States, congress actually passed several patent acts; one in 1790, one in 1793 and one in 1836. Each act added different things to the patent system as we know it today.

The patent act of 1790, the one influenced by Jefferson, required that all applications for patents had some kind of model, whether it be a drawing or prototype, to go along with the application. This was because Jefferson believed ideas should not be patentable.

The patent act of 1793 was actually a revision of the patent act of 1790 due to some differences of opinions between Jefferson and Alexander Hamilton who wanted to add provisions for overlapping patents, where two inventors applied for the same or similar patents. The act of 1793 created a patent board that was responsible for issuing patents. A two-thirds majority of the board, made up of the Secretary of State, Attorney General, and Secretary of War, would be required to issue a patent. This act was passed largely because of complaints by inventors that the act of 1790 was not sufficient to protect their rights as inventors.

It wasn't until the patent act of 1836 that the United States Patent Office was actually established. The patent office was created primarily because of the inefficiency of the other two acts in processing patents. Henry Ellsworth was mostly responsible for establishing this act. He was also appointed the first commissioner of patents.

Through this act a system was created for distributing new patents to libraries in every state. This way it would be easy for an inventor to research whether or not a patent existed for a particular invention. This would save the inventor a great deal of time applying for a patent that he couldn't get because it was already issued.

Much has changed in the patent office since those early days. What once took a relatively short period of time now takes years as far as securing a patent. Many times a patent isn't issued until long after the technology has been around for quite some time. Unfortunately in the current climate and with the rate of technological advances increasing everyday, patents are now viewed as nothing more than a bargaining chip in a court of law.

Your Independent guide to Patents

How Do I Go About Filing For A Patent?

There is no doubt that being able to file for a patent on a new invention, idea, or process is essential to keeping the necessary flow of new ideas coming in a free market economy. After all, without a patent, businessmen could take advantage of a new idea or product by simply copying it without the inventor's permission and reap the financial rewards instead of the rightful inventor himself. If this were commonplace, many new inventions would never see the light of day because of fear that they would be stolen.

So how does a person go about getting a patent on a new invention?

Patent processes can vary depending on what country you live in, but here in the United States inventors can obtain a patent from the United States Patent and Trademark Office (USPTO). Just make a search for "USPTO" and you will find their website listed right at the top.

There are really only a few things that you need to decide beforehand in order to proceed with a successful patent application. First of all, you need to determine that the product or process that you wish to patent is indeed original and new, and that it is not just something that is obvious and commonplace. Then you need to determine what type of patent that you need. The discussion on all the different kinds of patents is beyond the scope of our article but if you visit the USPTO website you will be walked through the process of identifying your particular patent area and then how to get the ball rolling.

Once the patent is filed, no one can copy that invention until the patent process is complete. And the patent protection for your new invention will extend for twenty years here in the US. Of course all new inventions have to be examined to make sure that they do indeed meet the criteria worthy of having a patent bestowed on them and that process can take some time, but be patient and you will be able to enjoy the rewards of your talent and effort as you profit from every future sale of your invention for the life of the patent.

Jim Johnson writes on many consumer related topics. You can find out more about how to apply for patent by visiting our All About Patents website

Checking Credentials Before Hiring Anyone to Help You Patent Your Invention

Many businesses make more than a decent living helping inventors just like you make money from their inventions. From filing a patent to licensing and marketing your invention, someone is around every corner offering assistance.

Unfortunately, not all of this help is the kind you want. There are companies out there who make a living off exploiting inventors. It's important not to get caught up in any of these scams. What you need is a professional who has experience and is licensed to help you patent your invention. You really need either a patent attorney or a patent agent.

Both patent agents and attorneys are registered to practice before the U.S. Patent and Trademark Office. No one else is. Please take note of that. No one else may legally help you fill out the paperwork associated with filing for your patent. And you definitely don't want anyone else to help you for this aspect of your invention journey.

Remember, you want someone registered by the USPTO to help you file your patent. Don't even think about speaking to someone else, even if they claim they will outsource the writing of your application to a patent attorney or agent. The problem is, you need to be in direct communication with the individual helping you to file your patent. Don't let anyone be your middleman. Gaining a patent is not an assembly line process. Your invention has completely different features than anything else out there. So you need to be able to directly communicate the novel features of your invention with the attorney or agent.

While you can work over the phone, it usually makes the most sense to meet face to face with the attorney or agent you choose. Therefore, it is best to find one not too far from where you are located. Although it can be done, a long distance relationship will probably only strain the process.

The best way to select a patent practitioner (patent agent or patent attorney) near you is through word of mouth. You may want to join a local inventors club. You can also search through the USPTO's list of registered patent practitioners or even just use their database to check your potential patent practitioner's credentials.

An individual listed on the USPTO's site will be registered to practice patent law. They must also meet the ethical requirements and can be disbarred for complaints. Please check that the patent practitioner you are considering is listed on this site before using them.

Please visit Patent Law Portal to find a patent attorney or agent near you and begin the process toward protecting your invention.

Warning: Your Domain Name Could Infringe On Trademark Rights!

If you have or are about to purchase a domain name, YOU could be in trouble and you don't even know it yet...

See, what the domain sellers won't tell you is that the domain name you are purchasing or have purchased can possibly infringe on trademark rights and you can lose that domain name or even worse.

Trademark and servicemark laws apply not only off-line but on-line as well and they even apply to domain names.

Now, a trademark generally applies to goods where as a servicemark applies to services. For the purpose of this article I will refer to trademarks as the same rules apply.

A trademark can be a word, name, symbol, or device and it is used to distinguish and indentify the goods and services from one person or company from that of another.

The purpose of a trademark is to prevent confusion in the eyes of the consumer relating to particular goods and services. Basically, they are in place to prevent unfair competition.

So with that said, just because you purchased a particular domain name it does not necessarily mean you have exclusive rights to it.

If there is a trademark in your domain name, the mark owner has a legal right to send you a "cease and desist" letter and possibly take that domain name away from you.

If you don't believe a word I've said so far then I offer myself as proof because it happened to me. I recently lost one of my domain names under this exact same circumstance.

For legal reasons I can't tell you the domain name as I agreed to make no further references to it, but there were two words in my domain name that were associated with a trademark.

Now, I wasn't aware of this when I purchased the domain name. And I definitely wasn't aware of trademark laws.

Don't be ignorant on the subject like I was. You can avoid any potential problems by educating yourself and thereby preventing the samething from happening to you.

Don't make the same mistake that I did!

Do your research before you buy a domain name and make sure there is NO trademark associated with that name.

There are trademark search engines where you can type in a word or a phrase and it will tell you if it is a trademark.

You can visit the United States Patent And Trademark Office (USPTO) website to do a trademark search:

http://www.uspto.gov/

Now, in my case I chose not to fight the trademark dispute and gave up my domain name voluntarily. I felt it just wasn't worth the time, money and headaches to launch a fight over this.

If this should ever happen to you, you do have rights and there are proper channels to go through to settle the dispute. Contact a lawyer who specializes in this field.

And don't even think for one minute that this sort of thing can't happen to you. Trust me. If you have a trademark in your domain name it is only a matter of time before you get that letter in the mail like I did.

There are numerous cases all over the internet concerning disputes over trademark and domain names.

Don't you be one of them...

If you would like more information on the subject of trademarks and domain names then I highly recommend you visit this website:

http://www.chillingeffects.org/domain

This article and any links associated with it are for informational purposes only and not intended as legal advice. As always, speak to an attorney who specializes in this field in the event of a dispute.

Al Martinovic is the publisher of the Millenium Marketers Newsletter where you will find powerful concepts, killer strategies, useful tips and no bull business advice: http://www.milleniummarketers.com