Can the Office refuse to register a mark? Yes! The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols, or devices function as trademarks. For example matter which is merely the generic name of the goods on which it is used cannot be registered. Additionally, […]
Intellectual Property Rights and Common Law
What are common law rights? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use […]
Copyrights, Patents, and Trademarks — Oh MY!
The Patents and Trademarks registration process refers to a specimen. What exactly is a specimen? A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. […]
Defining and Marketing Your Products and Services
The Basics — What does it do? “Features” Why Does Anybody Care? “Benefits” Once you have identified a problem or need, and have developed or found a product or process to solve it — you need to promote your solution to your targeted market. That is usually where Pleiades Publishing Services comes in. Our clients […]
Discovering Your Service or Product’s Benefits
Before We Can Write Sales Copy, We have To Understand Your Service or Product’s Benefits To identify your product’s benefits, you must consider your customers’ needs. Imagine yourself in your customers’ shoes, talk to them directly, or conduct surveys asking about their needs and perceptions. If possible, hire an independent firm to conduct a focus […]
The Use of Trademark and Service Marks
Are there federal regulations governing use of the “TM” or “SM” designations? No. Use of the symbols “TM” or “SM” (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted. These designations usually indicate that a party claims rights […]
Protecting Your Ideas or Inventions From Others’ Infringement
What is a trademark? A trademark includes any word, name, symbol, or device or any combination used or intended to be used in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others and to indicate the source of the goods. In short, a trademark is […]
Copyright Protects Original Works of Authorship
What does copyright protect? Copyright, a form of intellectual property law, protects original works of authorship, including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See […]
Copyright 101
When must I file a copyright application? Those who are familiar with the rather strict time limits for filing a U.S. patent application may find it to be a pleasant surprise that under the U.S. copyright law, a copyright application can be filed many years after the initial publication of a work and still be […]
Copyrights, Patents, and Trademarks
Protecting your Ideas or Inventions From Others’ Infringement What is a copyright? The owner of a registered copyright enjoys the ability of blocking the unauthorized copying or public performance of a work protected by copyright. Depending on how old a work is, whether or not copyright was renewed, when the work was published (if at […]