Online Trademark Searches

Trademark is a very important part of your company. It differentiates your company from the rest that are in the same category or with those that have identical or almost the same name as your company. It also differentiates you from companies that bear a logo or company seal that represents your establishment. Nowadays, jingles are also used to uniquely distinguish a company.

With the introduction of the Internet, you can now make inquiries online by going to the website of the States Patent and Trademark Office (USPTO). In this website, you can search for existing trademarks to make sure that the trademark you plan to use is unique and can distinguish you from other companies.

Within the USPTO website, you can find the Patent and Trademark Depository Library that can be downloaded. One document that could be of important use to you is the List of Acceptable Identification of Goods, which is a list of terms used to recognize the terms that you might need to know to identify your products. There is also a list of deleted names and terms that could come in handy. Documents that can help you with basic facts about trademarks are also a good source of information.

When you do file for your application, it is worth it to visit the Trademark Application and Registrations Retrieval (TARR) system that will help you keep track of the progress of your application. With many applications being filed everyday, you wouldn?t want your application to be left in a large pile that has been submitted for approval.

Applications for trademark are subjected to outmost scrutiny before they are approved. So best be prepared to know what to do to get the trademark you want.

Trademark Search provides detailed information on Trademark Search, Free Trademark Searches, Online Trademark Searches, US Trademark Searches and more. Trademark Search is affiliated with Free Patent Searches.

Twelve Steps To Filing A U.S. Patent Application: [With Time And Cost Estimates]

Inventing is a challenging task. Before you bring the invention to market, it is wise to take the appropriate steps to insure that you protect your invention. The most important protection that you can get is a patent. Intellectual property law is complex. Obtaining a patent can be expensive and usually requires the services of a patent attorney, who can walk you through the steps of evaluating your product, and assist you in the patent acquisition process. This guide is intended to give you an overview of the steps needed to acquire a U.S. patent.

1. Preparation and submission of a disclosure in written form to designated company managers of the idea or innovation by its creator(s) for initial review and summary evaluation [Estimated Time: 1-2 hours; Cost: company time].

2. Review by designated company mangers of the disclosed idea or innovation for potential commercial worth and value [Estimated Time: 1-2 hours; Cost: company time].

3. Summary evaluation of the disclosed idea or innovation by patent counsel to identify its technical working essentials and to assess whether these essentials might meet the patent merit requirements of utility, novelty, and non ?obviousness in view of the relevant prior art [Estimated Time: 2- 4 hours; Cost: $195.00 per hour]

4. Review and decision by designated company managers whether and how to proceed with commercial development of the idea or innovation and also whether or not to seek patent protection for the innovation based on patent counsel?s summary evaluation [Estimated Time: 3- 6 hours; Cost: company time].

5. Holding an in-person (if possible) meeting of the creator/inventors, patent counsel, and company mangers in order to determine and decide what is or should be the broadest possible scope for the innovation in commercial and non-commercial terms; and to detail and characterize inventorship, the number and types of commercial formats, kinds of variations, preferred embodiments and minimum essential parts, operation limits and optimal use ranges, and the like which are or might come to be within the defined limits of the innovation [Estimated Time 2- 3 hours; Cost: patent counsel @ $195.00 per hour & company time].

6. Preparation and submission to patent counsel of a complete and full written description of the innovation/invention prepared by the creators/inventors (in one or more documents) which provides sufficient technical detail, relevant drawings, useful background information, a listing of unexpected benefits and desirable advantages, and the relevant prior art for patent text purposes [Estimated Time: 8-24 hours; Cost: company time].

7. Preparation and distribution of a first draft text of the patent application by patent counsel to the named inventors and designated company managers [Estimated Time: 30-35 hours; Cost: $195.00 per hour]

8. Review and substantive revision of the first draft patent application text by the named inventors and designated company managers and return of the revised first draft text to patent counsel [Estimated Time: 5-10 hours; Cost: company time].

9. Preparation and distribution of a second (and presumably last) draft text of the patent application by patent counsel to the named inventors and designated company managers for final comments and changes to the text [Estimated Time: 10-14 hours; Cost: $195.00 per hour].

10. Receipt by patent counsel of final desired or needed changes to the patent application text from the named inventors and designated company managers and preparation of a fully approved text ready to be submitted to the U. S. Patent Office [Estimated Time 2-4 hours; Cost: $195.00 per hour].

11. Preparation by patent counsel of required supporting formal documents and fee payments to accompany the fully approved patent application manuscript [Estimated Time: 2-3 hours; Cost: $195.00 per hour].

12. Submission, with or without prior signature by the named inventors, of the fully approved patent application manuscript, supporting formal documents and requisite fee payments to the U.S. Patent office and obtaining an official serial number and filing date sufficient for patent pending purposes.

David Prashker is a registered patent attorney north of Boston. He has been practicing patent law for 27 years, and specializes in obtaining intellectual property rights for innovations in life and chemical sciences. For more information about David, see his website, http://www.scicounsel.com

Publish Your Patent Application? ... or Not.

Infringement and Provisional Damages

There is no action for infringement of your patent until it actually issues. However, through publication of your application, it may be possible to obtain provisional damages for the time between publication of the application and the issuance of the patent. Once your patent issues, infringement can give rise to treble damages and an award of attorney fees. During the phase from publication to issuance, only reasonable royalty damages can be awarded. Furthermore, a claim must survive and be substantially identical from publication to the issued patent.

Provisional damages require notice. Notice is achieved by both publication and provision of actual notice. Thus, you still have the burden of detecting infringement and of providing notice of your application to the alleged infringer.

Why You Should Consider Early Publication

An inventor can accelerate the publication process by filing a request for early publication. This can be done at any time and should result in publication within four months of the request. There are two logical times to file such a request: 1) when you first file your application--to gain the maximum published time available, and 2) when you believe an infringement may be taking place. In this latter case, where you have actual evidence of infringement, you can then file a petition to "make special" and hope that the Patent Office will accept the petition and begin examination of your patent application within six months. That way, you will possibly get the benefit of provisional damages, with the patent issuing shortly thereafter with higher damage awards available.

Benefits of Non-Publication

Non-publication keeps 'em guessing. When a patent is filed, the inventor-applicant is entitled, and should, claim "Patent Pending" status. "Patent Pending" means that an application is on file with the Patent Office and is in the patent process. The inventor should mark his product "Patent Pending" and claim such status in any written material related to the invention. So long as the patent application is secret, competitors do not know what the inventor has disclosed or the breadth of the invention being claimed. Once a patent application publishes, competitors can at least determine the maximum scope that is disclosed in the application. However, while they will see the claims presented in the application, competitors still do not know the breadth of the invention claims that might eventually issue in the patent.

The Hazards of Requesting Non-Publication

Until the American Inventors Protection Act of 1999 (effective November 29, 2000), United States patents were kept in secrecy until they issued. Subsequent to the AIPA, inventors can elect to keep their application secret, but only if they will not file in a foreign country or file an application under a multilateral international agreement, such as the Patent Cooperation Treaty. If an inventor later files such a foreign or international application, it can lead to abandonment of the U.S. application unless the non-publication request is rescinded before 45 days after filing the foreign or international application. Thus, extreme caution is recommended before considering non-publication.

C2006, Williamson Intellectual Property Law, LLC; all rights reserved, world-wide. This article, and/or the reading thereof, shall not be construed as offering, containing or receiving of legal advice, and shall not create any attorney-client relationship or privilege. If you are considering protecting your intellectual property, you should consult with an attorney of your choice.

For more information, please visit http://www.trwiplaw.com.

Thomas R. (Terry) Williamson III, Ph.D., Registered Patent Attorney Williamson Intellectual Property Law, LLC 1870 The Exchange, Suite 100 Atlanta, GA 30339 770-777-0977 http://www.trwiplaw.com

An intellectual property law firm providing a full range of services for patent searches, preparation and filing patent applications, trademark searches, preparation and filing trademark and service mark applications, preparation and filing

Patent - Making Your Own Patent Drawings

In this article we're going to discuss making drawings for your new gadget that you're trying to get a patent for.

In most cases, with a physical item, the patent office will require you to have drawings for your item unless you have a working prototype. So what do you do if you can't draw a straight line? Well, today there are computer programs that can do your patent drawings for you.

The situation you find yourself in goes something like this. You've just invented the greatest thing since sliced bread. You've made some rough sketches and even written some of the patent application yourself. You've saved yourself thousands of dollars by not hiring a lawyer. The only thing left to do is prepare drawings to go with your patent application. But you are no artist. What do you do?

Well, many inventors turn this part of the job over to a professional draftsman at the price tag of $75 to $150 per sheet of patent drawings. If you have a number of these the cost can add up in a hurry.

Fortunately, with today's technology, if you can do the patent application yourself you can also do the drawings yourself as well. You're going to need to learn some USPTO rules and the learning curve is pretty steep, but the rewards will be more than worth the effort. Besides saving money on the application itself you'll also be able to prepare brochures for prospective manufacturers or customers. Also, because nobody knows your invention better than you do, you'll have the best idea of what the drawings should look like. By doing your own drawings you don't have to explain to another person what your invention is about. The process of sending drawings back and forth for corrections is eliminated. Finally, you'll have the satisfaction of knowing that you did the whole patent process by yourself, which is quite an accomplishment.

There are various ways you can create your drawings.

The traditional way is with pen and ruler in black and white. While this may seem old fashioned, it is the least costly and is actually how the patent office prefers them, nice and simple. You're going to need to learn basic drawing techniques to do this.

If color is needed to accurately represent your invention then you can submit color drawings. If you plan to do this you're going to have to file three sets of color illustrations. Then you have to file a petition to explain why color is necessary. Finally, you pay a petition fee and include a statement in your application that it includes color drawings.

Another option is photographs. These are rarely used, only in cases where a proper illustration of the invention is not possible with drawings.

Finally, there is computer drawing software. The advantage of this method is that you don't have to worry about drawing a straight line. The program can do it for you. Many drawing programs have 3 D image rendering which make the drawing process not only easy but very professional looking. The downside is that some of these programs can run you hundreds of dollars.

Michael Russell
Your Independent guide to Patents

CHINESE TRADEMARK REGISTRATION - AN ESSENTIAL PRIMER

Though the United States media have published a number of stories deriding China's intellectual property protection, those articles nearly always neglect to mention that in most instances involving trademarks, the fault lies with the foreign company, not with Chinese enforcement. The reality is that many foreign companies fail to register their trademarks in China and thus have no real right to complain about any "infringement" there. To expect protection, foreign companies must register their trademarks in China and the prudent company does this before going in. There are actually a number of people in China who make a living by usurping foreign trademarks and then selling a license to that trademark to the original license holder. Once one comes to grip with the fact that China, like most of the rest of the world, is a "first to file" country, one can understand how easy this usurpation is, and also how easy it is to prevent it. The fact that you are manufacturing your product in China just for export does not in any way minimize the need for you to protect your trademark. Once someone registers "your" trademark in China, they have the power to stop your goods at the border and prevent them from leaving China. The key to protecting a trademark in China is actually very simple: register it in China. China's trademark requirements are actually quite similar to those in most other countries. The trademark must not conflict with an existing Chinese trademark and it must be distinctive. China allows for registration of all marks for goods, services, collective marks and certification marks. China's Trademark Office maintains a centralized database of all registered and applied-for trademarks. Trademark applications that pass a preliminary screening are published by the Trademark Office and subject to a three month period for objection. If there are no objections within this three month period, or if the Chinese Trademark Office rejects the objections as frivolous, the trademark is registered. If the Chinese Trademark Office supports an objection, it will deny the application. Denied applications may be appealed to the State Administration of Industry and Commerce Trademark Review & Approval Board and then to the People's Court. Based on our experience, objections to trademarks are rare. A Chinese trademark gives foreign companies a surprising amount of protection in China. If a foreign company learns that its trademark is being infringed in China, it has a number of actions available to it. We usually advise our clients to pursue a multi-pronged approach to protect an infringed upon trademark and to pursue the infringer. The foreign trademark owner should usually file a lawsuit against the infringer, seeking damages and an injunction stopping the infringer from continuing to sell the infringing goods. The Chinese courts in the more commercialized regions are actually quite willing to enforce China's trademark laws, even for foreign companies. Trademark infringement is a crime in China. For serious cases of infringement, a complaint to the office of the public prosecutor can often result in a criminal prosecution against the infringer. The Chinese police will close the offending operation and seize the counterfeit goods. The courts are authorized to impose both fines and imprisonment. Finally, if the counterfeit goods are destined for export, a notice to the Chinese customs authorities will prevent export of the counterfeit goods. Steve Dickinson is an attorney with the international law firm of Harris &Moure (http://www.harrismoure.com). Steve is based in China, where he focuses on assisting small and medium sized businesses. Steve is fluent in Mandarin Chinese and has been working on China matters for more than twenty years. He can be reached at firm@harrismoure.com.