Trademark Considerations to Protect Your Name

In Trademark Law; first use is the key, but still you need to document this and get a trademark at the Federal Level or a service mark at the state level. Without it you may find a bigger firm moving into your area, which had used your name in interstate commerce prior to your local use and thus they can make you change your name.

Imagine the cost in changing all your signage and disrupting your good will with your brand name in your local market. This confuses customers and puts a question mark about your credibility where none had previously existed.

How hard is it to get a trademark? Well not so difficult once you do a search to make sure no one else is using this name or a similar symbol elsewhere. Generally service marks or trademarks are searched by category and so if you are in a cross-over type category or straddle several SIC codes it makes sense to search it thoroughly and find a competent patent and trademark attorney to do it correctly.

If no one challenges you during the initial term of your trademark you can file for a permanent trademark so be sure to ask your trademark attorney about this also. Protect your logos and business name, as it is not worth the risk if you have a successful and on-going business to allow this to slide. Think on this in 2006.

Lance Winslow, a retired entrepreneur, adventurer, modern day philosopher and perpetual tourist.

How to Handle Patent Infringement?

Who will be there when things go wrong?

Due to the trouble, expense and the risks involved with gaining a patent, you might be lulled into thinking that the government will be there to lend you a helping hand when it comes time to enforce the rights your patented invention.

Sorry, but this is not how it works in the real world.

In reality, once a patent is issued, the inventor or patent owner (i.e. you!) must enforce the patent without the aid of the USPTO. So, if your patent is infringed upon, it is going to be up to you to finance any lawsuits that may arise.

Unfortunately, no one will be there to police other companies from making or selling your invention. You will have to keep a sharp eye out on your own. Luckily, the U.S. legal system is set-up so that you may retroactively sue for damages. That means if you don't catch these thieves in the act, you can still initiate a lawsuit against any them and have them tried in a court of law.

As you are probably aware, infringement cases are common. In fact, so common you can hardly turn on the news these days without hearing of a legal battle between big corporations. Some of the biggest involve biotechnology-related patents. These cases can be wild since it's tough to determine where the line of infringement ends and begins. Biotechnology patents only became prevalent in the last couple of decades.

The Patent Office hasn't quite got them sorted out (and it's possible they never will).

Lisa Parmley - Registered Patent Agent Receive your FREE subscription to our Inventor's Bulletin. It's packed full of tips on how to patent and market your invention. Patent Your Inventions

A view on Googles Patent: Information Retrieval Based on Historical Data

Google doesnt stop innovating their search engine, and there where others try to follow, Google is not just 1 step ahead, but 10 steps ahead. Their latest innovation, which actually may already be in place for a year or longer, can be found in the patent: Information Retrieval Based on Historical Data.

The abstract of the patent is: A system identifies a document and obtains one or more types of history data associated with the document. The system may generate a score for the document based, at least in part, on the one or more types of history data.

This article has the goal to give a implified representation of this patent + contains recommendations as to what would be the best SEO techniques to obtain high rankings, with a specific focus on links. This article is the opinion of the writer and following recommendation in this article is done at your own risk.

Googles search results have been increasingly difficult to explain and many theories have been developed on what is going on. Most popular is the sand box theory, which says that a new site is put in a virtual sand box and has to wait until it has aged before obtaining high rankings. This patent has some excellent information that can explain this phenomenon.

Information Retrieval

The information that this invention of Google is claimed to retrieve based on the historical data are:

1. Age/Time
2. Change
3. Trends

A score is calculated based on the above 3 factors which can then, at least partially, be used to rank the selected pages.

Historical Data

The patent describes a huge amount of historical data. The following is an overview of most items for which historical data can be measured:

• Pages/sites
• Links
• Anchor Texts
• Content
• Query
• Traffic
• Ranking
• User
• Domain

Ranking Based On Information Retrieved From Historical Data

The patent describes in quite a lot of detail how selected pages are ranked based on the information retrieved from historical data. This chapter will describe the basic logic applied.

Age/Time

Of all historical data a date of inception is used to determine 4 important values:

• Age
• Average Age
• Date
• Average Date

These factors can be determined for pages, links, anchor text, content, topics, queries, etc. Comparing the age or date of a page to the average of the site for example tells the search engine if this information is relatively new or old.

Comparing the average age or date of a page to the average age or date of all pages selected for a query (keyword phrase) tells the search engine if the page is relatively new or old. This information can be used to rank the selected pages.

Comparing to an average has the advantage that there is no preset base of rules that determine the rankings of a page. For one query 6 months may be considered new (product descriptions for example) while for another page 6 days may be considered old (news items for example). It all depends on the average age.

This same logic applies to links. In order to determine how popular a page or site is, the average age of all back links tells the search engine if the popularity of the page is recent or not. It makes sense that if most back links have been obtained 4 years ago and that hardly anybody has been interested to link to this page/site since then, that the page is not as popular as the existing back links would suggest.

The patent goes even as far as determining age factors for anchor texts of links.

Change

Information changes over time. Opinions change, knowledge changes, popularity changes, etc. Like mentioned before, a page that was popular 4 years ago, may be totally forgotten now, but still have most of its backlinks that were obtained when the page actually was popular. However, if this page all the sudden becomes popular again, and new back links start showing up, the average age of the backlinks will remain high. This will prevent the page of ranking high.

Detecting changes is crucial to give old information the chance to rank high again. Consequently, the lack of change can be a reason to lower the rank of a page.

Trends

Even though comparing to averages is a great way to get information about freshness, it fails to recognize smaller events like a sudden increase in popularity of a page. Though detecting changes do help to recognize smaller events, more information can be obtained by detecting trends.

Sudden increases of popularity can be caused by seasonal events like Christmas or the Super Bowl. For this reason the search engine will try to determine trends within pages links, anchor text, content, topics, queries, etc. Detecting trends makes it possible to rank pages higher that would not be ranked high with the standard ranking methods or with comparing to average ages or dates. Google has recognized here a very important fact of information: Relevance and importance of information is (con)temporary.

Detecting Spam Using Historical Data

Having all kinds of historical data available can be used to detect search engine spam. Unexpected events that happen to a site can be an indication of spam. Obviously a strong improvement of 1 single factor would not be a direct indication of spam, generally multiple factors are showing strange behavior when a site is using spam to increase rankings. It would not be in Googles interest to penalize a site for advertising. However, excessive advertising in sites/pages that are totally unrelated will not do your site any good.

Recommendations

Nothing changed in regards to links. This patent pretty much confirms what we at www.textlinkbrokers.com already knew and have been explaining to our customers as well. The following recommendations can be helpful:

Keep links related

Related links matter, unrelated links can be considered spam.

Build links on a continuous moderate bases

As the patent describes, the average age of your backlinks should not be too high. It is therefore wise to continue adding backlinks to secure a reasonable average age of all your backlinks. How many you need to add over time depends on your market.

Be better than the average

Very important is to be better than the average, but dont overdo it. It would be expensive and unnecessary.

Focus on seasonal events

A good way to increase the success of your website is to set up text link campaigns for seasonal events. Start your advertising campaign 2 to 3 months before the actual event to give Google the time to find the links and update your sites information with it. After the event you can let these links go again.

Spread links over multiple sites (unique backlinks)

A very important factor is the number of unique websites in your backlinks. Google seems to put a strong emphasis on this factor.

Peter Faber is an Internet marketing consultant working for http://www.textlinkbrokers.com, an SEO company specialized in link building. He has his own personal blog at http://www.seo-works.com.

Patent Primer

If you are in the business of thinking up new products or processes, or even if you are just a back-yard tinkerer, consider obtaining patent protection for your inventions.

What a Patent Is - And Is Not

Patents provide their owners with an exclusionary right. They grant the "?right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States, and, if the invention is a process, ? the right to exclude others from using, offering for sale or selling throughout the United States, or importing into the United States, products made by that process, ?." 35 USC 154(a)(1). A patent is not the exclusive right of the patent owner to make, use, offer for sale, sell, or import the invention or products made by using a patented process; rather it is the right to exclude others from doing so.

A patent is personal property. It can be bought, sold, given away, or licensed. It can be hoarded. The patent owner does not have to practice the invention to keep the protection afforded by the patent.

Types of Patents

Patents come in three basic varieties.

Utility patents are what we usually think of when we think of patents. The utility patent protects "?any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, ?." 35 USC 101. Utility patents protect most inventions. A utility patent usually expires 20 years from the date the patent application was filed, and it is not renewable.

Plant patents protect new plant varieties (except tubers) that can be reliably reproduced asexually and that do not occur in nature. A plant patent expires 20 years from the date the patent application was filed, and it is not renewable.

Design patents protect ornamental designs that serve no useful function on otherwise useful devices. A design patent expires 14 years from the date the patent issues, and it is not renewable.

Why Your Business Needs to Hold At Least One Patent

Patents are valuable commodities. A small company with at least one patent (and preferably a patent portfolio) is almost automatically a more attractive investment for venture capitalists and market investors than is a company that holds no patents. Even banks have been known to take an interest in a patent or a patent portfolio as collateral on a loan. Thus, patent protection can make marketing or research and development significantly easier because funding becomes easier to access.

Patents can become a source of significant income to their owners. Licensing fees paid to patent holders for the right to use the patented technology have turned small companies, or even individuals, into major players within their industries.

Obtaining A Patent

Although the US Patent and Trademark Office (USPTO) accepts patent applications from unrepresented inventors, writing a worthwhile patent application is a skill that is honed with practice. It therefore behooves the inventor or company to hire a registered patent practitioner to develop the patent application in cooperation with the inventor. Patent prosecution (the process of developing the patent application and shepherding it through to issuance as a patent) is a specialty within the legal and scientific/engineering professions.

To obtain a patent, the inventor applies to the USPTO and pays the requisite fees to have the application examined. If the examiner agrees that the invention is novel, useful and non-obvious, and meets the standards for patentability set out in the statutes and regulations that govern patents, then a patent will issue on the invention.

The Patenting Process

When an inventor develops a novel, useful and non-obvious invention, she must reduce that invention to practice before a patent application can be submitted to the patent office. Years ago, "reduction to practice" meant building a model of the invention. Today, the patent application itself can serve as a constructive reduction to practice of the invention, so long as the application tells the reader how to make and use the invention.

Once the invention has been reduced to practice, an application is sent into the USPTO. If desired, this application can have the effect of filing a patent application in approximately 90 countries. This does not actually file the patent application for examination in all of these countries; you must eventually select the countries where you wish to have the application examined and have a patent issued. You may select to have only one country examine the application (if you file in the US, you should select the US), or any combination of all of the countries. You must pay examination fees in each country you select.

The USPTO initially examines the patent application for defects. If a part required by statute or regulation is missing, the USPTO rejects the application entirely. If a part that is needed but not required is missing, then the USPTO grants a filing date but sends the applicant a notice requiring that the defect be cured before the patent issues.

The application is then assigned to a patent examiner, who works with the applicant's representative to determine the exact metes and bounds of the invention. This process is time-consuming, often taking several years to complete. When the examiner is satisfied that the patent application claims the invention properly and the invention is patentable, a patent will issue upon payment of issue fees and correction of any outstanding defects.

Patent Considerations

The following is a list of some of the more common problems with obtaining a patent on an otherwise patentable invention. This list is not all-inclusive.

A patent cannot issue in the US if the invention was patented or published in any country, or in public use or on sale in the US, more than one year before the filing date in the US. Ideally, you should therefore submit a patent application to the USPTO before publishing the invention in any country (including on the internet) or putting the invention on public use or sale in the US.

A patent cannot issue in the US if you file for a foreign patent or inventor's certificate more than 12 months before you file your US patent application. If you file a patent application in a foreign country and wish protection in the US, you must file the US application within 12 months of the foreign application.

You cannot file for a patent on an invention that you did not make yourself. That invention may be patentable, but it is patentable to the inventor or inventors only.

You cannot file for a patent once you have publicly abandoned the invention. If you publish that you dedicate your invention to the public, it is no longer patentable.

Most inventions dealing with atomic or nuclear reactions are not patentable.

You should consult a registered patent practitioner with any questions about the patentability of your invention and to see the invention through the patenting process.

You can find more information about patents at www.USPTO.gov.

Disclaimer 1: This article is based on United States law. It makes no pretense to be accurate for any other country.

Disclaimer 2: Nothing in this article creates or is intended to create an attorney-client relationship between any reader and the author http://www.ipattorneyfirm.com.

Pendants - The Best Gift To the Woman in Your Life

Quoting the famous line by Groucho Marx - Behind every successful man is a woman, behind her is his wife”, let us begin by complimenting women for what they are and what they can turn any person into. Right from the stage of birth and infancy, it has been women who have helped each of us come into this beautiful planet, and learn a plethora of actions, thoughts and words.

But sometimes, words fail us when we want to appreciate the commendable capabilities of every woman in this world. Whether it is a sweet homemaker or a 9-6 executive, there is something about each of them which makes them so special, so exquisite. And when you feel words fail you, the best way to express your gratefulness or your appreciation for them is by gifting them something that each of them just love wearing – jewellery.

Every woman is a young girl at heart, who loves to decorate herself with finery of all sorts. She is beautiful, and she knows how to enhance her beauty. And if you really want to impress her or make her feel special, your best bet lies in a pendant. Through Pendants, you can express what you feel for her in the best possible way. You can choose pendants that represent her or a pendant that best expresses your emotions for her.

The best part about gifting pendants to a woman is that you can gift such jewellery to anyone in your life. A pendant can make a very cherished and memorable gift for your Mom. You can gift a pretty little pendant to your best friend – that tells her what a special place she has in your life. Pendants make for ideal gifts when you are going out on a date. And if you have forgotten your marriage anniversary – may God and beautiful pendants save you!

Paul Shane cherishes a hobby of studying and collecting jewellery, to dig out the making and story behind them, especially the rare or exquisite ones, also the Pendants being used for manufacturing the jewellery. He also loves studying consumer behaviour related to jewellery selecting and buying. At present he is associated with a leading group called E-Beads Limited.

How A Logo is More Than a Company Trademark

how a logo is designed for companies and the unique way it constantly advertises
How A Logo is More Than a Company Trademark

Logos are seen all over the world and on many different things.if we were to count how many times we see them everyday, the number would be in the hundreds. simple advertisements forexamplelike Coca-Cola is being looked at over 200 times.

I recently tried to count the number of times i saw various logos,and unfortunately i lost count. this was from television,billboard,supermarkets, magazines and even the products themselves.

What is a logo?

It is a name or trademark designed for easy and definite recognition,especially one borne on a single printing plate or piece of type.When ever I design a logo, no matter what the size or contents are,it must be accomplished with patience. most people do not realize what goes into constructing a logo. not only are there graphics that has to be created, the idea behind the logo has to be created as well.

Lets say you need a logo for your business and you give all the information about your company or service. after I receive this I have to get as close as I can, without reading your mind, to developing a good looking logo that meets your approval.

A rough draft of your logo is the first to be done. this is the way older designers created their logos. then it is ready to be created using a computer. while the image is being built, the image file is also created.

The best high resolution file types is a GIF. the animation and flash capability is above the rest. these are great for banners used on websites. however, a JPG file type is the most popular and the most widely used. they present full texture and rich in color. with a JPG your logo can be any size and still have the quality look to it even when it is in print format.

Have you ever heard of this phrase?

A FIRST IMPRESSION IS A LASTING ONE

Well, a logo does just that. it sends an important message across to us all. most of the time when we see any logo or banner, we instantly think advertisement. this is exactly what a logo represents even if it is on a letterhead magazine, newspaper or a coca cola can

Steven Boaze (CEO) is The Owner of The Corporate Headquarters Boaze.com Which houses and controls two companies (Web Development Technology - www.webdevelopmenttechnology.com ) and (Boaze Publishing - www.boazepublishing.biz ). Steven is also the author of numerous articles on Marketing and Advertising published by Boaze Publishing.