Popular Trademark Law Misconceptions

 1. A trademark Could be “Reserved” for Some Indefinite Future Use One prominent misconception involving trademark protection is that a trademark could be “reserved” for some indefinite future use. This is wrong. Trademark protection does not exist unless and until the trademark is used in commerce in conjunction with goods and/ or services. A trademark … Continue reading “Popular Trademark Law Misconceptions”

 1. A trademark Could be “Reserved” for Some Indefinite Future Use

One prominent misconception involving trademark protection is that a trademark could be “reserved” for some indefinite future use. This is wrong. Trademark protection does not exist unless and until the trademark is used in commerce in conjunction with goods and/ or services. A trademark applicant cannot “reserve” a trademark for some indefinite future use. Only by filing under intent-to-use provision can a limited-time reservation occur. This type of trademark application requires a subsequent filing of a declaration of use confirming bona fide use of the trademark. The applicant is granted a six-month period in which to file a declaration of use. The applicant may request extension of this time in additional six-month periods. In no event may the declaration of use be filed later than 36 months after filing of the trademark application – that registration would not be allowed.

2. A Trade Name Confers Upon Itself Registered Trademark Rights

Another common misconception is that reservation of a trade name by a provincial or federal incorporation, and approval as a corporate name, confers upon the trade name registered trademark rights. It does not. Only filing of a formal trademark application with the Trademark Office may secure a properly registered trademark.

3. A Last Name of a Person May be Freely Used as a Trademark

Most people believe that they have an unrestricted right to use their own last name as a trademark for goods and/or services. This is wrong. A person does not have an absolute right to use his or her own surname for commercial purposes. For example, Tom McDonald could not enter the fast food hamburger business and begin selling “McDonald’s” hamburgers. Using that name in conjunction with hamburgers is a trademark of the McDonald’s Corporation. If Tom McDonald was permitted to sell his “McDonald’s” hamburgers, consumers would likely be confused as to the source of “McDonald’s” hamburgers. He likely could sell “Tom McDonald’s” hamburgers, albeit without the use of the golden arches. However, Tom’s brother, Ronald, may find it difficult to do the same.

4. A Trademark Exists for the Benefit of its Owner

The most common misconception about trademarks is that they exist for the benefit of the trademark owner. They do not. They exist for the benefit of the consumer. The purpose of a trademark is to identify the origin of a particular product, so that if one buys a product with the Xerox name on it, he or she knows that a product manufactured by Xerox. Another important point to remember is that while patent and copyright protection has a limited duration, trademarks could exist forever. That is why when trademarks are assigned or sold, they are sold along with the “goodwill” which public opinion associates with them.

5. The Best Trademark is the One That is most Descriptive

A common misconception is that the best trademark is the one that is most descriptive. In fact that is the worst possible trademark. One of the main grounds for the Trademark Office rejection of a trademark registration is that the trademark is merely descriptive. Another and related ground of rejection is that the mark is generic. In other words, a mark that identifies a product by its generic or its descriptive name may accurately identify the product but does nothing to identify the manufacturer or seller. Not surprisingly, the best trademark is one that bears no reasonable relationship to anything.

The theory is that an owner of a trademark creates the value of the trademark. The owner does this by advertising, marketing, and selling a good product. Many people come to our office with what they consider to be a dynamite trademark because it really sets out in the public’s mind the nature of the product or service. What these people believe is that the mark will develop the market. They have it exactly in reverse – it is the marketing of the goods and services protected by the trademark that gives value to the trademark. What is surprising is not that so many people have that misconception, because it is perfectly natural, but how many of them refuse to believe when they are advised to get rid of the descriptive or generic mark because it probably will not be able to be registered anyway, and even if it is, it probably would be knocked out somewhere down the line.

Just so the record is clear, the mere fact that there is some description in a mark does not in and of itself mean that the mark is automatically invalid or cannot serve as a trademark. What the mark cannot be is “merely descriptive” or generic. Some degree of description is allowed. The problem is that this always becomes a matter of judgment. Our advice to the client is usually, “Don’t spend a lot of money, time and effort trying to convince an examiner to allow a trademark that contains some description if you have not already invested money into that trademark.”

6. Trademark Rights Cannot be Lost

Even though a trademark may exist forever, the owner can lose it at any time. The reason a trademark can exist forever is that once a product or service has been identified with a certain mark in the mind of the public, the public has a right to rely on that mark as long as that company is delivering the product or service. On the other hand, if the product name becomes so familiar to the public that it becomes generic, then the owner loses the trademark. An example is the Monopoly game. Because Parker Bros. did not carefully safeguard its trademark on the name “Monopoly,” it lost it. The game of Monopoly, according to the judge who tried that case, is now a generic term, and so when people hear the term “Monopoly,” they think of a particular type of game, as opposed to a particular company that makes it. Examples of marks that are carefully guarded are Xerox and Kleenex. Even though people commonly refer to copying as xeroxing, you will never hear a lawyer for Xerox making such a statement. The correct term is photocopying on a Xerox brand copier. By the same token, you will never see an advertisement for Kleenex, instead the trademark will be advertised as “Kleenex brand facial tissues.”

Why You Need a Per Diem Lawyer

Becoming a lawyer is a trying task in itself. Most lawyers are well aware that once you successfully begin practicing law, your time is precious and it can be difficult to keep track of everything going on in your work schedule. From meetings to overloaded casework, it can be tough to get yourself in the swing of things and at times, you may find it a little overwhelming.

Thankfully, the availability of per diem attorneys through places such as www.perdiemattorneys.com can help relieve some of the pressure if you ever need the help from a skilled professional.

Reliable in Many Ways

As a lawyer, you’re aware of how sensitive and important every piece of information is in your line of work. For many individuals, this means you can’t just hand off an important case to just anyone, but sometimes, emergencies happen and things need to be handled immediately. Per diem attorneys are a great way to ensure that you are going to find someone who is reliable, meaning they will be there as soon as you need the help. Not only are they reliable as far as time, but they are also qualified and trained in the law industry to offer their knowledge and experience in every way possible.

They’re Affordable

If you own your own law firm, you may be faced with situations where you need a lawyer to fill in for someone in your team who is absent for a long period of time. Sometimes this isn’t easy, considering you would be required to train these attorneys or provide them with other things such as benefits. Many times, per diem attorneys do not require these extras. Other per diem attorneys work on a pay-as-you-go ethic, as well as offer fees that are flexible and easily arranged.

Providing Some Relief

If you’re finding yourself in over your head, for whatever reason, a per diem attorney is available at your convenience to help relieve some of the stress involved in your line of work. With their availability to handle anything from conferences to hearings, a per diem attorney is an easy way to get any emergency situation handled without worrying about coverage for missing employees or appointments.

Being a lawyer can sometimes cause a little bit of chaos and stress in your life, but when you’re doing something you love, there are always ways to get everything you need handled.

Canada’s New Anti-Spam Legislation – How Does It Affect Your Business?

Bill C-28, Canada’s anti-spam legislation, was recently passed and will come into effect later this year. While its intended target is deceptive forms of spam, Canadian small and medium sized businesses should be aware of the Act in order to ensure their compliance when contacting leads, networking and developing marketing campaigns. Here are highlights of the important aspects of Bill C-28 that you and your employees need to know:

Definition of Spam

Generally spam is considered to be mass, unsolicited email from unknown or unwarranted senders. However, the new legislation applies to the sending of “commercial electronic messages”, which can encompass email, instant or text messaging and social media messages and other forms that we may not consider to be spam. Many times information that is sent may not be considered to be spam by the sender, but can be viewed as spam by the recipient. It’s important to think of how the message will be received on the other end before sending. Hopefully, the yet to be released regulations will provide some added details or thresholds to more readily define the scope of this term.

Expressed and Implied Consent

Electronic messages are not considered spam if the recipient consented to receive the message so it is important that you first determine whether or not you have approval from the recipient to send the message. Consent comes in two forms – express and implied.

Expressed consent, as defined in the Act, is what is known as “opt-in” consent, whereby the person or corporation expressly agrees to be contacted before any communication is sent. Usually this would come in the form of a newsletter subscription sign up, adding an email address to a written or electronic list, or checking a box to receive more information. This is a more viable option for business owners because it is less likely that an issue will be raised from those who have clearly indicated interest.

Implied consent has a broader use, which can actually be beneficial to marketers and small business owners, but could also pose to be harder to prove if any issue arises. According to the new Act, implied consent occurs when “[t]he person who sends the message, the person who causes it to be sent or the person who permits it to be sent has an existing business relationship or an existing non-business relationship with the person to whom it is sent;” (Bill C-28 Sec. 9a).

If a customer has purchased wares or services from your business with the past two years, there is considered to be an existing business relationship between you and your customer, which would be implied consent. There is no time limit on the relationship status if the customer has provided expressed consent for future contact. In terms of expressed and implied consent, it’s best to err on the side of caution and try to gain expressed consent for all users when possible.

Identification

Messages must clearly express to the recipient who the message is coming from, remaining consistent with the branding used when the recipient made initial contact with the company. There must not be any misleading information in the subject line that misrepresents the message or the sender. All messages are required to include the active contact information and postal address of the sender.

Unsubscribe Option

Businesses who have an email newsletter must have an unsubscribe option clearly stated on each message so that users can easily halt future correspondence at any time. Some users may not know to use the unsubscribe link, so including contact information for your business is important to ensure that recipients are able to contact you in another form in order to be removed from the mailing list. If a client does contact you via other means to be removed from the list, unsubscribe the user manually and notify them of the removal immediately.

Tips for Small Businesses

If you have a newsletter sign up area on your website, make sure your database saves important information such as name and date of sign up – not just the email address – so that you are able to prove consent if a problem arises. Always give your customers your contact information in any messages sent as well as the option to “opt-out” or “unsubscribe” at any time. Customers should not be automatically placed in an email database, they must be able to choose whether or not they would like to receive information from you. Don’t bombard your customers with messages, it can easily frustrate your clients if their inbox is getting constantly filled with messages from you. Setting up an account with email marketing software can ensure that your messages are compliant with the government rules. Senders who don’t comply with the new regulations can face serious fines, so make sure your messages are useful or informative to the user in some way, this will make customers look forward to your correspondence and make your database grow.

There will be more to come on this important topic when the regulations are released.

Estate Planning and Asset Protections – Tax Benefits of the C Corporation

Asset Protections and Profits Tax Benefits of your C Corporation

As being a company operator, it can be crucial that you are informed of your different rewards of every alternative when you happen to be filing your taxes. Do you realize each day expenses are “sensible and needed… ” deductions or which insurances are deductible Are you currently a sole proprietorship or perhaps a C Corporation?

If you will be a sole proprietorship and are submitting a Timetable C in your personal profits tax return, you’re paying out the highest taxes acknowledged towards the regulation. You also have no asset protection. You’ve got an 85% probability of an IRS audit. You’re, perhaps, paying out taxes at the next prices:

Federal 35.00%

Self-work 15.30%

California 9.fifty five%

If you happen to be a sole proprietor, it is going to, most seemingly, be my suggestion that we immediately set up a California sub-chapter C corporation. Your new corporation will present you with asset security and substantial income tax strengths. We might be equipped to possess a fiscal twelve months to defer all remaining 2010 cash flow into 2011 permitting us to substantially lower your 2010 revenue tax liability. Your new corporation will supply you together with the following tax advantages:

1. Internal Earnings Code Part 162 permits all expenses which might be customary, regular, sensible and necessary for being deducted via your corporation;

two. Internal Income Code Portion 179 allows all gear acquired inside the year to generally be expensed in lieu of capitalized if less than $250,000.00 of importance;

3. Internal Revenue Code Portion 105 enables a sub-chapter C corporation to have a Healthcare Cost Reimbursement Approach which allows all healthcare insurance premiums and all healthcare charges, which includes prescription drugs, prescriptions, health professionals, dentists and co-pay out, not covered by insurance policy for your taxpayer, the taxpayer’s partner and all dependents being entirely deductible through the corporate Health-Related Cost Reimbursement Plan;

4. Internal Revenue Code Segment 105 will allow a sub-chapter C corporation to determine a Wage Continuation Strategy. This enables all disability insurance to generally be completely deductible via the sub-chapter C corporation;

5. Internal Income Code Area 401(k) allows taxpayers to place as much as $49,000 every twelve months into their control as Trustee of the 401(k) Approach that is asset safeguarded and grows with a tax-deferred basis; and

six. Internal Income Code Area 401(a) allows the corporation to ascertain a Defined Profit Pension Program which will allow most consumers to contribute an quantity equal to their salary into their title as Trustee and acquire a tax deduction, asset safeguard and tax-deferred salary.

Getting informed and properly educated about your company and personalized taxes will assist stop you from future repercussions from audits, will assist safeguard your property, and can support conserve you funds on taxes.

Some Things To Know About Work Accidents

Were you unfortunate enough to sustain injuries in a work related accident? Was the accident caused by the negligent act of someone else? If yes, you may be able to claim financial compensation.

Just like any other type of personal injury claim, it must be proved that your injury was caused due to the negligent act of another person. In the case of a work accident claim, the negligent party has to be your employer. Even if you were injured due to the carelessness of a co-worker, you employer will still be held liable for your injuries.

Every work accident claim is different. While some claims take just few months to settle, there are some which can take even years. Work related personal injury claims are usually settled out of court, but if there are issues or if another party fails to negotiate or accept liability, it may need to be taken to court.

There are many work injury lawyers around who can handle all types of work accident claims. No matter what type of injuries has been sustained, these lawyers can help you recover the rightful compensation.

Employers Liability

Did you know that your employer has a legal obligation to protect your health and safety while you are at work? The duty of employers includes:

– providing you with the necessary tools and machinery needed to complete your job effectively

– ensuring that the tools and machinery you are using are safe and maintained in good working order

– ensuring that the workplace is clean, safe and tidy

– ensuring that chairs and workstations are suitable

– ensuring that corridors and floors are free from hazards

– ensuring that gates, doors and walkways are not obstructed

– providing adequate training to workers who are required to carry out manual handling and heavy lifting tasks

– ensuring that workers are provided with adequate safety gear

Making A Claim

A work accident claim can be made for any type of accident that takes place whilst you are at work. Whether you have been hit by a falling object at work or have slipped on wet flooring, you may be entitled to recover compensation.

When making a work accident claim, it is important to note that there are time limits in place. Basically, you will have a period of three years from the date of the accident to start a claim.

If you think you may be in a position to make a claim, contact a local work injury lawyer today and discuss your case.

Well-Known Trademark Law Misconceptions

one. A trademark May be “Reserved” for Some Indefinite Long run Use

One particular prominent misconception involving trademark safeguard is that a trademark may very well be “reserved” for some indefinite foreseeable future use. That is unsuitable. Trademark protection will not exist unless of course and right up until the trademark is utilized in commerce in conjunction with items and/ or expertise. A trademark applicant can’t “reserve” a trademark for some indefinite long run use. Only by filing less than intent-to-use provision can a constrained-time reservation occur. This sort of trademark app needs a subsequent filing of your declaration of use confirming bona fide utilization of the trademark. The applicant is granted a six-thirty day period period of time during which to record a declaration of use. The applicant may request extension of this time in extra 6-30 days periods. In no celebration may possibly the declaration of use be filed later than 36 weeks immediately after submitting of the trademark application – that registration wouldn’t be helped.

two. A Commerce Title Confers Upon By Itself Registered Trademark Legal Rights

One more typical misconception is always that reservation of your trade title by a provincial or federal incorporation, and approval as a company brand, confers upon the industry identify registered trademark legal rights. It isn’t going to. Only submitting of a formal trademark utility with the Trademark Business office may possibly protected a correctly registered trademark.

several. A Last Brand of Someone May very well be Freely Used being a Trademark

Most people today imagine that they’ve an unrestricted proper to use their very own survive name like a trademark for goods and/or expert services. This is improper. Someone isn’t going to have an absolute proper to work with his or her individual surname for business reasons. As an example, Tom McDonald could not enter the swiftly food items hamburger enterprise and begin marketing “McDonald’s” hamburgers. Employing that name in conjunction with hamburgers is actually a trademark of the McDonald’s Corporation. If Tom McDonald was permitted to market his “McDonald’s” hamburgers, shoppers would most likely be baffled as towards the base of “McDonald’s” hamburgers. He likely could offer “Tom McDonald’s” hamburgers, albeit without the use of the golden arches. However, Tom’s brother, Ronald, might find it tricky to accomplish exactly the same.

4. A Trademark Exists towards the Advantage of its Operator

Probably the most typical misconception about trademarks is always that they exist for the advantage with the trademark proprietor. They do not. They exist with the benefit in the client. The objective of your trademark is always to establish the origin of a selected product, making sure that if one particular buys a product aided by the Xerox brand on it, he or she knows that a product manufactured by Xerox. Yet another crucial stage to don’t forget is the fact that whilst patent and copyright security includes a minimal duration, trademarks could exist forever. That’s why when trademarks are assigned or bought, these are sold alongside together with the “goodwill” which public opinion associates with them.

five. The most effective Trademark may be the A person That’s most Descriptive

A typical misconception is that the very best trademark will be the one particular that is certainly most descriptive. In reality that’s the worst doable trademark. One from the main grounds for your Trademark Office rejection of a trademark registration is that the trademark is merely descriptive. One more and similar floor of rejection is that the mark is generic. In other text, a mark that identifies a item by its generic or its descriptive identify might accurately recognize the merchandise but does almost nothing to recognize the producer or seller. Not surprisingly, the best trademark is one which bears no acceptable partnership to something.

The theory is usually that an proprietor of your trademark creates the importance of your trademark. The operator does this by promotion, marketing and advertising, and marketing an excellent merchandise. Many people come to our business office with what they contemplate to be a dynamite trademark mainly because it truly sets out inside the public’s intellect the nature from the product or service or support. What these people imagine is always that the mark will create the current market. They’ve it precisely in invert – it is the marketing and advertising in the items and expertise protected from the trademark that gives benefit for the trademark. What on earth is surprising is not that so many individuals have that misconception, because it can be perfectly pure, but how numerous of them refuse to think when they are advised to have rid with the descriptive or generic mark mainly because it almost certainly will not likely have the option to generally be registered anyway, and also if it really is, it almost certainly could be knocked out somewhere lower the line.

Just so the record is clear, the mere indisputable fact that there is some description within a mark will not in and of by itself indicate that the mark is automatically invalid or cannot serve like a trademark. What the mark can’t be is “merely descriptive” or generic. Some diploma of description is granted. The issue is usually that this often turns into a matter of judgment. Our advice to the client is generally, “Don’t spend a great deal of cash, time and effort looking to persuade an examiner to make it possible for a trademark that contains some description if you’ve not currently invested cash into that trademark.”

half-dozen. Trademark Rights Cannot be Lost

Although a trademark might exist eternally, the manager can reduce it at any time. The cause a trademark can exist eternally is that after a solution or services may be identified with a selected mark inside intellect with the general public, the public includes a correct to rely on that mark as prolonged as that firm is delivering the goods or service. Within the other hand, in the event the solution identify becomes so familiar to your general public that it becomes generic, then the owner loses the trademark. An example will be the Monopoly recreation. Mainly Because Parker Bros. didn’t carefully safeguard its trademark within the brand “Monopoly,” it lost it. The game of Monopoly, according to the choose who tried that situation, is now a generic term, and so when men and women listen to the expression “Monopoly,” they believe of a specific sort of sport, as opposed to a selected company that helps make it. Examples of marks which are thoroughly guarded are Xerox and Kleenex. Even though people today generally refer to copying as xeroxing, you can certainly not hear a lawyer for Xerox making this sort of a statement. The right name is photocopying on the Xerox model copier. By precisely the same token, you may certainly not see an advertisement for Kleenex, rather the trademark is going to be advertised as “Kleenex manufacturer facial tissue.”

How to Get U.S Visa Easily

The United States of America has always been the world’s greatest market to run the business. If you’re a person who wants to make your business investment in the U.S and run your business then you really need to get the business visa that gives you the direct access to the United States specifically for business purposes. However you have to know that getting the business visa to the U.S can be both easy and also quite tough. If you’re a busy person then you might not have specific time to accomplish the whole business visa process. In this case the best thing you can do is to get some helps.

Today in this modern world you can search for helps to get the investor visas from the internet. There are plenty of agencies that work to give you a hand to take care of your business visa. These agencies may help to search the way for you to obtain the visas for business and permanent residents. And to make things even easier, you can try to get help from an immigration lawyer to take care of your visa processing. If you happen to live in Richmond, you’d want to check the best immigration lawyer in Richmond VA for assistance. The immigration lawyer is however far more suggested when you search for business visas. This is due to the reason that the lawyers commonly know the details on how to obtain the business and permanent resident visas in legal ways.

Of course not everyone knows the terms and conditions to obtain the business visas in the U.S; therefore in this case these people are highly suggested to learn in advance. This is necessary to make sure that they’re well informed. Thanks to the internet technology that allows us to find more information on how to obtain the business visas in the U.S.