Application for Registration (Form TM-100)
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Trademarks, Metatags, and Initial Interest Confusion: a Look to the Past to Re- Conceptualize the Future
173 TRADEMARKS, METATAGS, AND INITIAL INTEREST CONFUSION: A LOOK TO THE PAST TO RE- CONCEPTUALIZE THE FUTURE CHAD J. DOELLINGER* INTRODUCTION Web sites, through domain names and metatags, have created a new set of problems for trademark owners. A prominent problem is the use of one’s trademarks in the metatags of a competitor’s web site. The initial interest confusion doctrine has been used to combat this problem.1 Initial interest confusion involves infringement based on confusion that creates initial customer interest, even though no transaction takes place.2 Several important questions have currently received little atten- tion: How should initial interest confusion be defined? How should initial interest confusion be conceptualized? How much confusion is enough to justify a remedy? Who needs to be confused, when, and for how long? How should courts determine when initial interest confusion is sufficient to support a finding of trademark infringement? These issues have been glossed over in the current debate by both courts and scholars alike. While the two seminal opinions involving the initial interest confusion doctrine, Brookfield Commun., Inc. v. West Coast Ent. Corp.3 and * B.A., B.S., University of Iowa (1998); J.D., Yale Law School (2001). Mr. Doellinger is an associate with Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, 311 S. Wacker Drive, Chicago, Illinois 60606. The author would like to thank Uli Widmaier for his assistance and insights. The views and opinions in this article are solely those of the author and do not necessarily reflect those of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson. 1 See J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition, vol. -
Assessment of Options for Handling Full Unicode Character Encodings in MARC21 a Study for the Library of Congress
1 Assessment of Options for Handling Full Unicode Character Encodings in MARC21 A Study for the Library of Congress Part 1: New Scripts Jack Cain Senior Consultant Trylus Computing, Toronto 1 Purpose This assessment intends to study the issues and make recommendations on the possible expansion of the character set repertoire for bibliographic records in MARC21 format. 1.1 “Encoding Scheme” vs. “Repertoire” An encoding scheme contains codes by which characters are represented in computer memory. These codes are organized according to a certain methodology called an encoding scheme. The list of all characters so encoded is referred to as the “repertoire” of characters in the given encoding schemes. For example, ASCII is one encoding scheme, perhaps the one best known to the average non-technical person in North America. “A”, “B”, & “C” are three characters in the repertoire of this encoding scheme. These three characters are assigned encodings 41, 42 & 43 in ASCII (expressed here in hexadecimal). 1.2 MARC8 "MARC8" is the term commonly used to refer both to the encoding scheme and its repertoire as used in MARC records up to 1998. The ‘8’ refers to the fact that, unlike Unicode which is a multi-byte per character code set, the MARC8 encoding scheme is principally made up of multiple one byte tables in which each character is encoded using a single 8 bit byte. (It also includes the EACC set which actually uses fixed length 3 bytes per character.) (For details on MARC8 and its specifications see: http://www.loc.gov/marc/.) MARC8 was introduced around 1968 and was initially limited to essentially Latin script only. -
Protecting Your Idea This Guide Is Designed to Help Small Business Owners Make Informed Decisions Regarding Their Trademarks, Service Marks, Copy Right & Patents
Protecting Your Idea This guide is designed to help small business owners make informed decisions regarding their trademarks, service marks, copy right & patents. Trademark & Service Mark A trademark (also known as a brand name) is used to distinguish physical products while a service mark identifies a service such as a financial service, advertising, etc. Trademark or service mark rights can be established by: • Simply starting to use the mark, but the rights are limited to that state; • Applying for a federal registration for use nationwide. The designation "TM" for trademark and "SM" for service mark is used with the name when the mark is not federally registered. ® or "Reg. U.S. Pat. & Tm.Off." means the mark is federally registered. Where a mark is not likely to be used in interstate or foreign commerce, one should consider a state registered mark, it is quick and inexpensive to register. Federal registration provides nationwide priority rights and offers federal court protection against infringement. In international trade, the mark must be registered on a country by country basis. To register a trademark or service mark in New York State, contact: NY State Dept. of State-Division of Corporation and State Records, Albany (518) 474-4770. To register a mark federally, Please contact: U.S. Patent & Trademark Office/U.S. Department of Commerce Washington, D. C. 20231 (800) 786-9199 Website: http://www.uspto.gov/ Copyright A copyright, designated by a ©, protects literary, artistic, and musical works including sculptures, movies, computer programs, etc:" Registration is granted by the federal government and is inexpensive. Although it is not necessary to register to use the symbol, registration is needed to bring suit for copyright infringement. -
Department of the Secretary of State Maine Bureau of Motor Vehicles
Department of the Secretary of State Maine Bureau of Motor Vehicles VANITY PLATE INFORMATION AND INSTRUCTIONS Vanity plates are available for the following types of plates: Up to 7 characters – plus one dash or space Antique Auto, Combination, Commercial, Custom Vehicle, Hire, Motor Home, Passenger, Street Rod, Trailer, Wabanaki Up to 7 characters – includes space or dash Motorcycle, Moped, Antique Motorcycle, Special Veterans Motorcycle Up to 6 characters – plus one dash or space Agriculture, Agriculture Commercial, Barbara Bush Children’s Hospital, Black Bear, Breast Cancer, Emergency Medical Services, Farm, Lobster, Sportsman, Support Animal Welfare, We Support Our Troops Up to 6 characters – includes space or dash Special Veterans Up to 5 characters – plus one dash or space Firefighter Up to 5 characters – includes space or dash Conservation, Conservation Commercial, Disability, Disability Motorcycle, Disabled Veterans, Disabled Veterans Motorcycle, Purple Heart, Purple Heart Motorcycle, University of Maine. Up to 4 characters – includes space or dash Special Veterans Disability Vanity plates with a total of 7 characters may mix numbers and letters in any order, as long as there is at least one letter in the sequence, i.e. A123456, 1234A56, 123456B, AGR8PL8. Vanity plates having fewer than 7 characters may mix numbers and letters as long as the first character is a letter, i.e. A1, A2B, A3C5, A4D4U, F2G3H4. Vanity plates must not begin with a 0 (zero) or with the letter “O”, followed by only numbers. Please note: Vanity plates with seven characters, plus one space or dash will cover the chickadee design. An ampersand (&) is available on vanity plates with 2 to 6 characters. -
Basic Facts About Trademarks United States Patent and Trademark O Ce
Protecting Your Trademark ENHANCING YOUR RIGHTS THROUGH FEDERAL REGISTRATION Basic Facts About Trademarks United States Patent and Trademark O ce Published on February 2020 Our website resources For general information and links to Frequently trademark Asked Questions, processing timelines, the Trademark NEW [2] basics Manual of Examining Procedure (TMEP) , and FILERS the Acceptable Identification of Goods and Services Manual (ID Manual)[3]. Protecting Your Trademark Trademark Information Network (TMIN) Videos[4] Enhancing Your Rights Through Federal Registration Tools TESS Search pending and registered marks using the Trademark Electronic Search System (TESS)[5]. File applications and other documents online using the TEAS Trademark Electronic Application System (TEAS)[6]. Check the status of an application and view and TSDR download application and registration records using Trademark Status and Document Retrieval (TSDR)[7]. Transfer (assign) ownership of a mark to another ASSIGNMENTS entity or change the owner name and search the Assignments database[8]. Visit the Trademark Trial and Appeal Board (TTAB)[9] TTAB online. United States Patent and Trademark Office An Agency of the United States Department of Commerce UNITED STATES PATENT AND TRADEMARK OFFICE BASIC FACTS ABOUT TRADEMARKS CONTENTS MEET THE USPTO ������������������������������������������������������������������������������������������������������������������������������������������������������������������ 1 TRADEMARK, COPYRIGHT, OR PATENT �������������������������������������������������������������������������������������������������������������������������� -
Trademark, Patent and Copyright Information
Trademark, Patent and Copyright Information 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 a brand name. What is a service mark? A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services. What is a certification mark? A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization. What is a collective mark? A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization. Basic Questions Do I have to register my trademark? No, but federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. -
Introduction to Trademark Law and Practice
WORLD INTELLECTUAL PROPERTY ORGANIZATION INTRODUCTION TO TRADEMARK LAW & PRACTICE THE BASIC CONCEPTS A WIPO TRAINING MANUAL GENEVA 1993 (Second Edition) ( ( WIPO PUBLICATION No 653 (El ISBN 92-805-0167-4 WIPO 1993 PREFACE The present publication is the second edition of a volume of the same title that was published by the World Intellectual Property Organization (WIPO) in 1987 and reprinted in 1990. The first edition was written by Mr. Douglas Myall, former Assistant Registrar of Trade Marks, United Kingdom. The present revised edition of the publication has been prepared by Mr. Gerd Kunze, Vevey, Switzerland, and reflects his extensive expertise and experience in the administration of the trademark operations of a large international corporation, Nestle S. A., as well as his intensive involvement, as a leading representative of several international non-governmental organizations, in international meetings convened by WIPO. This publication is intended to provide a practical introduction to trademark administration for those with little or no experience of the subject but who may have to deal with it in an official or business capacity. Throughout the text, the reader is invited to answer questions relating to the text. Those questions are numbered to correspond to the answers that are given, with a short commentary, in Appendix I. Arpad Bogsch Director General World Intellectual Property Organization February 1993 ( ( LIST OF CONTENTS CHAPTER 1. TRADEMARKS AND OTHER SIGNS: A GENERAL SURVEY 7 1.1 Use of trademarks in commerce . 9 1.2 What is a trademark?. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 9 1.3 Need for legal protection .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 10 1.4 How can a trademark be protected? . -
Mastercard ® Brand Mark Branding Requirements for Canada
Mastercard ® Brand Mark Branding requirements for Canada Version 1.0 / March 2017 Mastercard Brand Mark: Branding requirements for Canada March 2017 2 Table of contents Top five things you need to know 3 If after reading the branding requirements you still haven’t found the answer to your Brand Mark query, please contact us in one of two ways. configurations and versions 4 Acceptance Mark Email the Brand Manager configurations and versions 5 [email protected] Color specifications 6 Mastercard Brand Hotline Minimum sizes and free space 7 1-914-249-1326 Using the Mastercard name in text 8 Using with other marks 9 Card artwork 10 Use in merchant advertising 11 Use at physical merchant locations 12 Use at digital merchant locations 13 Use in digital applications 14 Use on ATMs 15 Use on contactless devices 16 Common mistakes 17 ©2017 Mastercard. All rights reserved. Mastercard®, Maestro®, and Cirrus® are registered trademarks, and the circles design is a trademark of Mastercard International Incorporated. Mastercard Brand Mark: Branding requirements for Canada March 2017 3 Top five things you need to know General requirements Brand Mark 1. There are multiple configurations and versions of the Mark. Use the correct one for your needs. See configurations Symbol Logotype and versions. Registered trademarks are available in English or French. 2. Always surround the Mark with Minimum sufficient free space, based on “x”, which free space is equal to the width of the “m” in the x x x x “mastercard” Logotype. See free space specifications x 1/2x x x 3. -
Vol. 93 TMR 1035
Vol. 93 TMR 1035 RECONSIDERING INITIAL INTEREST CONFUSION ON THE INTERNET By David M. Klein and Daniel C. Glazer∗ I. INTRODUCTION Courts developed the theory of initial interest confusion (or “pre-sale confusion”) to address the unauthorized use of a trademark in a manner that captures consumer attention, even though no sale is ultimately completed as a result of any initial confusion. During the last few years, the initial interest confusion doctrine has become a tool frequently used to resolve Internet- related disputes.1 Indeed, some courts have characterized initial interest confusion on the Internet as a “distinct harm, separately actionable under the Lanham Act.”2 This article considers whether the initial interest confusion doctrine is necessary in the context of the Internet. Courts typically have found actionable initial interest confusion when Internet users, seeking a trademark owner’s website, are diverted by identical or confusingly similar domain names to websites in competition with, or critical of, the trademark owner. A careful analysis of these decisions, however, leads to the conclusion that a distinct initial interest confusion theory may be unnecessary to resolve cases involving the unauthorized use of a trademark as a domain name. In fact, traditional notions of trademark infringement law and multi-factor likelihood of confusion tests may adequately address the balancing of interests required in cases where courts must define the boundaries of trademark owners’ protection against the use of their marks in the domain names of competing websites. The Federal Trademark Dilution Act (FTDA)3 and the Anticybersquatting Consumer Protection Act (ACPA)4 provide additional protection against the unauthorized use of domain names that dilute famous marks or evidence a bad ∗ Mr. -
AGU Grammar and Style Guide
AGU Grammar and Style Guide 1. Hyphenation . 1 1.1. Attributive Adjectives . 1 1.2. Nouns . 5 1.3. Words Formed With Prefixes . 6 1.4. Words of Equal Weight . 7 2. Commas . 8 2.1. Examples of Correct Usage. 8 2.2. AGU Style . 9 2.3. Comma Usage at Beginning of Sentence . 9 2.4. Some Parts of Speech and Common Examples . 10 3. Additional Grammar/Punctuation Rules . 11 3.1. Adjective/Adverbial Phrases . 11 3.2. Comprise Versus Compose . 11 3.3. Singular Versus Plural With Certain Nouns. 11 3.4. Other Rules . 12 4. Spelling . 14 4.1. Alternate Spellings . 14 4.2. Commonly Used Proper Names . 14 4.3. Countries . 15 5. Capitalization . 16 5.1. Geographical Terms . 16 5.2. Text Capitalization . 17 5.3. Stratigraphic Divisions . 18 6. Numbers . 19 6.1. Cardinal Numbers/Arabic Numerals . 19 6.2. Ordinal Numbers . 19 6.3. Miscellaneous Style for Numbers . 19 7. Miscellaneous Style Rules . 20 8. Special Notations. 22 8.1. Astronomical Notation for Dates and Time. 22 8.2. Degrees, Minutes, and Seconds of Arc. 22 8.3. Units of Measure . 22 8.4. Dimensions. 25 8.5. Seismology. .. 25 8.6. Mineralogy. .. 26 8.7. Ranges. 26 8.8. Ships and Spacecraft. 26 8.9. Comets. .. 27 8.10. Temperature. .. 27 8.11. Times. .. 27 8.12. Storms. 27 8.13. Biology. 27 9. Word List . 28 GRAMMAR/STYLE GUIDE 2/03 ATTRIBUTIVE ADJECTIVES 1 1. Hyphenation The main reason for hyphenation is increased clarity. 1.1. Attributive Adjectives Always hyphen. The following should always be hyphened as attributive adjectives: 1. -
Biodiversity Conservation: How Can the Regulation of Bioprospecting
N°06/13 JUNE 2013 | BIODIVERSITY Biodiversity conservation: How can the regulation of bioprospecting under the Nagoya Protocol make a difference? Claudio Chiarolla, Renaud Lapeyre, Romain Pirard (IDDRI) THE REGULATION OF BIOPROSPECTING: WHAT IS IT? AND WHY IS IT IMPORTANT? The need to protect biodiversity and to promote fairness in the use of genetic resources and associated traditional knowledge has engendered one of the most contentious debates of the 21st century between devel- oped and developing countries. This debate has fundamental implications for the way in which basic and applied research on genetic resources and biodiversity is conducted and its results are made available between and within peoples and societies. Therefore, the regulation of bioprospecting –i.e. “the search for plant and animal species from which medicinal drugs and other commercially valuable compounds can be obtained”– not only tells stories about biodiversity conservation, but also about food security, global health, intellectual property, indigenous peoples, equity, justice and human rights. NEW PERSPECTIVES: BIOPROSPECTING CONTRACTS AS MARKET- BASED INSTRUMENTS In a context of financial constraint, MBIs are seen as a potential tool to help foster biodiversity conservation. As private contracts between two (or more) parties (theoretically Coasean agreements), bioprospecting contracts could be more efficient than command-and-control regulations aimed at biodiversity conservation. Aiming to regulate bioprospecting, the Nagoya Protocol on Access to Genetic Resources and Benefit Shar- ing (ABS), adopted in 2010, should help to stop the misappropriation This article is based on research that has of genetic resources and associated traditional knowledge (known as received a financial support from the French ‘biopiracy’), while providing legal certainty for public and private users government in the framework of the programme of such resources. -
So Scandalous the CASE: Various Cases US Court of Appeals for the Federal Circuit 15 December 2017
Legal update: United States So scandalous THE CASE: Various cases US Court of Appeals for the Federal Circuit 15 December 2017 Douglas Sharrott and Lisa M Mottes explain that while vulgar trademarks are now registrable in the US, they may still be refused abroad US courts in 2017 demonstrated when the trademark owner seeks to register and whether the trademark will contravene trademarks that may be considered the same mark abroad? them. If so, applicants should determine morally reprehensible can now be Unlike the US, most countries still whether that country protects free speech and federally registered. Within months, have morality-based registration bars. consider whether there is a basis to challenge the scandalous, immoral and disparaging For example, trademark laws in: Canada these bars as a violation of free speech, as was trademark registration bars were chipped prohibit “scandalous, obscene or immoral” done here in Tam and Brunetti. out of Lanham Act Section 2(a) by both the trademarks;5 Australia prohibit “scandalous Supreme Court of the US (SCOTUS) and matter”;6 Japan, the EU, France, Germany, Footnotes the US Court of Appeals for the Federal UK and Switzerland prohibit trademarks that 1. 15 USC Section 1052(a). Circuit (CAFC). While this vindicates the First are contrary to public policy/order or morality;7 2. 137 S Ct 1744 (2017). Amendment, trademark applicants should not India prohibits scandalous or obscene matter;8 3. 877 F.3d 1330 (Fed Cir 2017). The US had until expect the same treatment in foreign countries and Argentina prohibit trademarks that are 12 February 2018 to file a petition for rehearing.