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- #help.tut EXTRA HELP FOR TUTORIALS
- #define.stb ON LINE LEGAL GLOSSARY
- /* The world of Trademarks was subject to a major change
- last year. Here is an informational text direct from the
- nice people at the U.S. Trademark office. */
-
-
- Trademarks in Brief
-
- A trademark can be a word, name, symbol, device, or any
- combination thereof to identify and distinguish the goods of a
- manufacturer or merchant from goods manufactured or sold by
- others, and to indicate the source of the goods. A mark with
- these characteristics and functions used in connection with the
- rendering of services is called a service mark. Such marks are
- often referred to as "brand names" or "logos"; "slogans" are also
- widely used as marks.
-
- Many owners of marks use the TM (for trademark) or SM (for
- service mark) symbols, as appropriate, in connection with the
- marks to indicate their claims of ownership. Mark owners may use
- the [ Capital letter R enclosed in a circle ] symbol only if they
- have been issued federal registrations from the Patent and
- Trademark Office. While owners of marks may acquire rights in
- their marks under the "common law", they often seek to register
- their marks because of the procedural and legal advantages
- obtained through registration with the Patent and Trademark
- Office.
-
- To register a mark in actual use in commerce, the mark owner
- must file a written, signed application containing certain
- specific statements or "averments" concerning the use and
- ownership of the mark. The written application must be
- accompanied by a separate sheet with a "drawing" of the mark
- (e.g., a typewritten representation of a word mark or an actucal
- [sic; actual] black and white "pen and ink" representation of a
- design mark or logo), and by three "specimens" evidencing the
- method of use of the mark (e.g., labels, hang tags or packaging
- bearing the mark). The application fee is $175 per class of
- goods or services.
-
- If a mark is intended to be used in commerce, the person
- claiming to be "entitled" to use it in commerce may apply to
- register the mark by filing an appropriate written, signed
- application containing, among other statements, an assertion
- regarding the "bona fide intent to use the mark in commerce."
- The "intent to use" applicant would also have to file a separate
- drawing sheet, but would not be required to file specimens of
- use. The "intent to use" applicant could not obtain a
- registration until after actual use of the mark in commerce had
- begun, and evidence of such use, including specimens was filed.
- The application fee is $175 per class of goods or services. An
- additional fee of $100 per class would be due upon the filing of
- evidence of use.
-
- Each application is "examined" by an attorney in the Patent
- and Trademark Office's Examining Operation for compliance with
- applicable technical requirements and to determine whether the
- mark is "registrable" under the terms of the federal trademark
- statute. A key element of examination involves a search of the
- register of marks to ensure that no identical or confusingly
- similar marks were previously registered. If the application is
- in acceptable form and the mark is deemed registrable, then the
- mark is published in the Official Gazette of the Patent and
- Trademark Office.
-
- For 30 days following publication of the mark, any
- interested party may step forward and "oppose" issuance of a
- registration. If no opposition is filed, then a registration
- certificate is issued, unless the mark was the subject of an
- "intent to use" application. In the latter case, a "notice of
- allowance" for registration would be issued; the registration
- certificate would not issue until after acceptable evidence of
- actual use was filed. The registration procedure takes
- approximately 13 months for applications based on actual "use in
- commerce." Each registration must be "maintained" through the
- filing of an appropriate "affidavit of continued use" between
- five and six years after the certificate issues. The
- registration term is ten years and may be renewed for consecutive
- ten year terms so long as the mark remains in use.
-
- To receive a copy of the "Basic Facts About Trademarks"
- booklet, complete with model filing forms, write to the
- Superintendent of Documents, Government Printing Office,
- Washington, D.C. 20402 (doc. #003-004-00642-1, price $1.00).
- For further information write The Public Service Center, Patent
- and Trademark Office, Washington, D.C. 20231, or call (703)
- 557-INFO.
-
- COPYRIGHTS
-
- Copyrights are protection from copying for literary,
- dramatic, musical and artistic works. Copyrights are registered
- in the Copyright Office in the Library of Congress and are not
- handled by the Patent and Trademark Office. Information
- concerning copyrights may be obtained from the Library of
- Congress, Information Section, LM-455 Copyright Office,
- Washington, D.C. 20559, Telephone (202) 479-0700.