Patent and Trademark



             


Thursday, March 27, 2008

Patent - Some Famous Patents

In this article we're going to discuss some of the most famous patents in history. These are inventions that greatly changed the world we live in.

To go over all the patents that have changed the world would take a month of Sundays and then some. What follows is just a brief look at some of the greatest patents in our history.

What is considered the most valuable patent is the one issued to Alexander Graham Bell for his invention of the telephone. The patent was number 174,465 issued in 1876. Ironically, early attempts to make the telephone popular were unsuccessful. People looked at the idea as nothing more than a novelty and didn't take its communication possibilities seriously. Try telling that to all the people walking around with cell phones today.

This one may come as a bit of a surprise. Thomas Edison didn't actually invent the light bulb. What he did was improve on a fifty year old idea. In 1879, using lower current, a small carbonized filament, and an improved vacuum inside the globe, he was able to produce a reliable, long-lasting source of light. This invention led to the creation of jobs for millions of people. Quite literally, without this invention we would all still be in the dark. Thomas Edison actually received 1093 patents during his life.

If you're into some really odd trivia you can tell people that Abe Lincoln was the only United States President to receive a patent. He did so for his manner of buoying vessels. He was issued this patent in 1849. It was patent number 6,469. When Lincoln was young he took a boatload of merchandise down the Mississippi River during a trip from New Salem to New Orleans. There was an accident when the boat slid into a dam. It took great effort to get the boat dislodged. Two years later Lincoln had a similar accident crossing the Great Lakes. These two incidents led Lincoln to come up with a solution to this problem. His invention consisted of a set of bellows attached to the hull of the ship just below the water line. When the vessel is in danger of an accident, the bellows are filled with air and act as a buoy to keep the ship afloat. Lincoln never profited from his invention but he was a very strong supporter of the patent system.

Probably the most famous patent was the one issued to Frederic Auguste Bartholdi for his design of the Statue Of Liberty. The Statue Of Liberty came to New York on June 19, 1885. It was a gift of friendship given to the United States from the people of France. It was intended to celebrate their 100 years of independence 10 years earlier.

The statue is constructed of copper sheets which are assembled on a framework of steel supports. In order to be transported to America the statue was disassembled into 350 pieces and was packed in 214 crates. It was then reassembled when it arrived. Nothing like this was ever done before and most likely will never be done again.

Your Independent guide to Patents

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Friday, February 8, 2008

Trademark a Name - How to Register a Trademark for Your Business

So, you finally settled on the perfect name for your product or service ? it describes the business without being overly descriptive, it tells your customers exactly what you want them to know and it's catchy. That's fantastic! Finding just the right name is vitally important to the success of any product line or service.

Is it required that I register my trademark?

No, not at all. However, registering your trademark, specifically your Federal trademark, does provide you with several advantages:

  • The right to use the circle-R symbol as notice to the public about your Federal trademark
  • The exclusive rights to the name within your industry across the country
  • Establishing brand identity

But what if someone else already came up with that name?

While the name may be unique and distinctive to you, there is a possibility that another party already has prior trademark or common-law rights to the name for your industry. Before you invest time, money and effort into your name, do some research. The first places to check are right at your fingertips ? the World Wide Web ? and they're free!

Preliminary Search Sites:

  • The Trademarks section on the USPTO Web Site
  • Your Secretary of State to see if they have a searchable database of names. You can find a listing of all states here
  • Major search engines ? put your product name in quotes to find exact matches; use keywords with your product name to find relevant hits
  • Yellow pages

However, please be aware that this is merely scratching the surface of what's out there. Only comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so try them first. If the name appears to be available, then you can move on to getting comprehensive research done by a private company or an attorney.

Ok, so the name is clear; now what?

To register your trademark, you have 2 options ? file for a Federal or a State trademark. If you are only going to sell your product or services in 1 state, then a State trademark is the way to go. The trademark form can be acquired through the Secretary of State (see link above). If you are OR will be selling your products or services in at least 2 states, then you're able to file for a Federal trademark. The form can be completed online at the USPTO (see link above).

While anyone has the ability to go online to access these forms,it's strongly recommended to hire a private company or an attorney for the preparation and/or filing of the trademark application.To ensure a successful filing, it's best to leave it in the hands of those with experience.

You found the perfect name ? now, make sure it's truly yours!

Shannon Moore is the General Manager, East Coast 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 http://www.tmexpress.com

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Friday, January 11, 2008

An Introduction to Trademarks

In marketing, there is a particular strategy known as branding. In many ways, trademarks are designed to protect your brand from use by others.

An Introduction to Trademarks

A trademark is a form of intellectual property. Intellectual property is owned by the person or business creating it. With practically all forms of intellectual property, however, you have to take steps to formally notify the world of your property and protect it.

A trademark is a distinctive mark used to identify a product, company, service or device. When you think about it, you are very familiar with trademarks. At the risk of being sued to the high heavens, the following are trademarks: Coca Cola, Pepsi, Google, EBay and Toyota. Each of these words mean something to you and are readily identifiable with a product or service in your mind. When you think of EBay, you immediately think of an online auction site that was originally created so the owner's girlfriend could trade Pez dispensers [true]. When you think of Toyota, you think of cars. This is the power of brand recognition and trademarks are used to protect them.

A trademark is a powerful thing when it comes to the law. If you obtain a trademark, it is binding nationwide and others are not allowed to infringe upon it in an effort to swipe your customers or confuse the public. With your mark, you can sue to stop the infringement and recover monetary damages suffered. Basically, a trademark is a hammer for stopping nefarious conduct cold.

To obtain a trademark, you must have patience, patience and more patience. The mark is obtained through the Patent and Trademark Office. It is a very slow process. You or your attorney do a search to make sure are not in conflict with any previous marks. You then file an application and begin waiting. Within 8 weeks, the Patent and Trademark Office will send you a notification indicating they acknowledge receiving your application. Just receiving it! You will then wait another 6 months or so to hear if the application is accepted. Often you will receive correspondence asking for clarification or raising a problem. You then provide a response and wait. Months will pass. Eventually, the back and forth will come to final result. If your trademark application is accepted, it will be published and you are protected. The process is so lengthy that it is not uncommon for it take well over a year for the application to be approved. In short, you are going to need a lot of patience.

While obtaining a trademark can take forever, it is well worth the effort. Once you have it, you can keep competitors and others from using the trademarked term you worked so hard to establish. Gerard Simington is with FindAnAttorneyForMe.com - an online trademark attorney directory

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