Did you know that Google is every bit as concerned
as you are that some other company may infringe upon their company’s
trademark? What is infringement and why should I care, you may ask.
Trademark
infringement, at its core, is when one party adopts a
trademarhttp://www.blogger.com/img/blank.gifk that is confusingly
similar to the trademark of another. They do this because, in essence,
they want to create confusion in the marketplace among consumers so they
can steal customers from the original trademark holder.
Infringement
takes many forms. In the good old days it may simply have been opening
up a brick and mortar store front with a name for the store that was
confusingly similar to an established brand. Who doesn’t recall the
restaurant McDougal’s from the movie Coming to America and its
shockingly similar appearance to the iconic McDonald’s brand. A perfect
example of infringement to its core.
But in today’s
increasingly global economy brands face new challenges as infringers
have moved online. Most people are familiar with what has become known
as cybersquatting, where some unscrupulous person registers a domain
name that is similar to another’s established trademark rights.
Squatters may sell competing products from a site posted to that domain
or merely use the domain as an automatic redirect to the other’s
competing web site. But there are far more subtle ways people can
infringe upon your brand online that, when spotted, must be handled
swiftly.
One such form of infringement is by bidding on your brands or trademarks as keywords in pay-per-click advertising.
As
the readers of this article may or may not know, Google and the other
search engines derive revenue by and through their pay-per-click
advertising programs. When you search for a term your search results
will bring up both organic (e.g., results the search engine deems to be
the most relevant to your search terms via a secret algorithm each
search engine respectively employs) as well as sponsored (e.g., results
that are paid advertising typically appearing above and to the left of
the organic returns) results.
Sponsored results and the
ads that appear therewith are returned because the persons or companies
who place the ads bid on specific keywords that, when searched, display
those sponsored results as well as the organic as referenced above.
Returning
to our discussion on modern-day infringement, today one well-recognized
form of infringement occurs against your brand when a competitor of
yours bids on your trademark as a pay-per-click keyword such that when
consumers search for your goods or services online your competitor’s
advertisements will appear in the sponsored results.
For
instance, and this is just a hypothetical for the purposes of this
article, let’s say Pepsi wants to drive potential customers to its web
site every time someone searches for Coca Cola. What they could do is
open a pay-per-click account with Google or another search engine and
bid on the keywords “Coca Cola.” Then every time a consumer searches on
that search engine for “Coca Cola” Pepsi’s ad would appear in the
sponsored results.
Well, fortunately for trademark
holders, this is against the law insofar as it creates a form of
infringement known generally as initial interest confusion. What can you
do to stop it and protect your brand online? Simply follow three steps
to create a Google pay-per-click monopoly for your brand:
1. Assemble a list of your trademarks
Depending
upon the size of your organization, this may be as simple as your
company’s name or as complex as the name and multiple trademarks used to
identify your company’s various goods, services, and advertising
campaigns.
2. Registered and unregistered trademarks
In
assembling the list of your trademarks, determine which are registered
with the U.S. Patent and Trademark Office and which are not. For those
that are registered it is highly recommended that you have their
registration number available. For those that are not, it is advisable
to get an application on file to protect the same prior to the next step
as Google is more likely to respect your trademark rights if you retain
an application or registration number from the U.S. Patent and
Trademark Office.
3. General complaint
File
a general trademark complaint with Google using Google Adwords
Trademark Complain Form. Google will then investigate your claimed
rights in the trademarks submitted and, if such is able to be verified,
will then preclude others from bidding on your trademarks in
pay-per-click advertising and diverting your customers away from your
web site using your own trademarks against you.
So go online and get that Google pay-per-click monopoly for your brands. It’s just that simple.
The Trademark Company
Wednesday, June 27, 2012
Monday, June 25, 2012
IP Law 101: What a Start-Up Needs to Know About the 3 Types of IP Rights
We are often asked do I need a
trademark for my slogan? Can I patent my idea? How can I protect my
website from copying by others? Here’s a quick rundown of the various
protections every business should be aware of in protecting their
intellectual property.
Trademarks
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 or services 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. It can be your company’s name (e.g., NIKE) or its main advertising slogan (e.g., JUST DO IT). No matter what you wish to use as a source identifier of your goods or services it should be Registered, if possible, with the U.S. Patent and Trademark Office (“USPTO”) to maximize the protection available under The Trademark Act of 1946. Trademarks can last forever so long as they are Renewed as required by the USPTO.
Patents
A patent is a grant of property rights by the U.S. Government through the USPTO. The patent grant excludes others from making, using, or selling an invention in the United States that receives patent protection (e.g., a new and innovative design for a tooth brush, mechanical part, or otherwise). Patents, unlike trademarks, are subject to limits lives. For instance, a utility or plant patent in force on June 8, 1995, is subject to either the 17 year term from grant or the 20 year term from earliest effective U.S. filing date, whichever is longer. A design patent term is 14 years from patent grant.
Copyrights
Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. Copyrightable works include the following categories:
1. Literary Works (e.g., books, articles)
2. Musical Works, including any accompanying words (e.g., music, lyrics)
3. Dramatic Works, including any accompanying music (e.g., plays, screen
plays,scripts)
4. Pantomimes and Choreographic Works (e.g., dance routines)
5. Pictorial, Graphic, and Sculptural Works (e.g., works of art, statutes, AND
web sites)
6. Motion Pictures and other Audiovisual Works (e.g., movies, television
broadcasts)
7. Sound Recordings (e.g., albums, CDs, etc.)
8. Architectural Works (e.g., building designs and plans)
As always, if you have any questions about these or any other matters just Contact Us or post your questions or comments right here on our blog.
The Trademark Company
Trademarks
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 or services 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. It can be your company’s name (e.g., NIKE) or its main advertising slogan (e.g., JUST DO IT). No matter what you wish to use as a source identifier of your goods or services it should be Registered, if possible, with the U.S. Patent and Trademark Office (“USPTO”) to maximize the protection available under The Trademark Act of 1946. Trademarks can last forever so long as they are Renewed as required by the USPTO.
Patents
A patent is a grant of property rights by the U.S. Government through the USPTO. The patent grant excludes others from making, using, or selling an invention in the United States that receives patent protection (e.g., a new and innovative design for a tooth brush, mechanical part, or otherwise). Patents, unlike trademarks, are subject to limits lives. For instance, a utility or plant patent in force on June 8, 1995, is subject to either the 17 year term from grant or the 20 year term from earliest effective U.S. filing date, whichever is longer. A design patent term is 14 years from patent grant.
Copyrights
Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. Copyrightable works include the following categories:
1. Literary Works (e.g., books, articles)
2. Musical Works, including any accompanying words (e.g., music, lyrics)
3. Dramatic Works, including any accompanying music (e.g., plays, screen
plays,scripts)
4. Pantomimes and Choreographic Works (e.g., dance routines)
5. Pictorial, Graphic, and Sculptural Works (e.g., works of art, statutes, AND
web sites)
6. Motion Pictures and other Audiovisual Works (e.g., movies, television
broadcasts)
7. Sound Recordings (e.g., albums, CDs, etc.)
8. Architectural Works (e.g., building designs and plans)
As always, if you have any questions about these or any other matters just Contact Us or post your questions or comments right here on our blog.
The Trademark Company
Friday, June 22, 2012
How Do You Acquire Rights in a Trademark? Here's What You Need to Know.
One of the most popular questions we receive here at The Trademark Company is when do you acquire rights in a trademark?
In the United States there are two ways that you can acquire federal trademark rights. First, you can acquire rights by using the trademark in interstate commerce. Second, you can acquire rights by filing to protect the trademark with the U.S. Patent and Trademark Office.
In regard to use-based acquisition, a person or entity acquires rights in any trademark they begin use of in interstate commerce for the purpose of identifying their goods or services. In short, when McDonald's first started selling hamburgers way back when they did not have to file to protect their trademark with the U.S. Patent and Trademark Office. They acquired rights as soon as their restaurant services began affecting interstate commerce.
On the other end of the spectrum, once you file for protection of your trademark with the U.S. Patent and Trademark Office and provided that the application matures into a registration your trademark rights will revert back to the date of the filing of your trademark application.
So we truly have a two-way acquisition system here in the U.S. for trademark rights: use and filing.
Many will then ask why then should we register our trademarks? Well, for a relatively modest fee the registration of your trademarks in large part quiets title for you in the trademark, makes it far easier to enforce the same, and provides the holder thereof with a host of additional remedies in the event the trademark is ever infringed upon.
So if you are using a trademark get it registered. It will deter others from infringing upon the same and provide you with a host of additional remedies should enforcement ever be required. If you are yet to begin use of a new trademark but know what you want to use therefor file an intent-to-use application with the U.S. Patent and Trademark Office as soon as possible. You will be glad that you did.
The Trademark Company
In the United States there are two ways that you can acquire federal trademark rights. First, you can acquire rights by using the trademark in interstate commerce. Second, you can acquire rights by filing to protect the trademark with the U.S. Patent and Trademark Office.
In regard to use-based acquisition, a person or entity acquires rights in any trademark they begin use of in interstate commerce for the purpose of identifying their goods or services. In short, when McDonald's first started selling hamburgers way back when they did not have to file to protect their trademark with the U.S. Patent and Trademark Office. They acquired rights as soon as their restaurant services began affecting interstate commerce.
On the other end of the spectrum, once you file for protection of your trademark with the U.S. Patent and Trademark Office and provided that the application matures into a registration your trademark rights will revert back to the date of the filing of your trademark application.
So we truly have a two-way acquisition system here in the U.S. for trademark rights: use and filing.
Many will then ask why then should we register our trademarks? Well, for a relatively modest fee the registration of your trademarks in large part quiets title for you in the trademark, makes it far easier to enforce the same, and provides the holder thereof with a host of additional remedies in the event the trademark is ever infringed upon.
So if you are using a trademark get it registered. It will deter others from infringing upon the same and provide you with a host of additional remedies should enforcement ever be required. If you are yet to begin use of a new trademark but know what you want to use therefor file an intent-to-use application with the U.S. Patent and Trademark Office as soon as possible. You will be glad that you did.
The Trademark Company
Tuesday, June 5, 2012
When Do You Acquire Rights in a Trademark? Here's What You Need to Know.
One of the most popular questions we receive here at The Trademark Company is when do you acquire rights in a trademark?
In the United States there are two ways that you can acquire federal trademark rights. First, you can acquire rights by using the trademark in interstate commerce. Second, you can acquire rights by filing to protect the trademark with the U.S. Patent and Trademark Office.
In regard to use-based acquisition, a person or entity acquires rights in any trademark they begin use of in interstate commerce for the purpose of identifying their goods or services. In short, when McDonald's first started selling hamburgers way back when they did not have to file to protect their trademark with the U.S. Patent and Trademark Office. They acquired rights as soon as their restaurant services began affecting interstate commerce.
On the other end of the spectrum, once you file for protection of your trademark with the U.S. Patent and Trademark Office, and provided that the application matures into a registration, your trademark rights will revert back to the date of the filing of your trademark application.
So we truly have a two-way acquisition system here in the U.S. for trademark rights: use and filing.
Many will then ask why then should we register our trademarks? Well, for a relatively modest fee the registration of your trademarks in large part quiets title for you in the trademark, makes it far easier to enforce the same, and provides the holder thereof with a host of additional remedies in the event the trademark is ever infringed upon.
So if you are using a trademark get it registered. It will deter others from infringing upon the same and provide you with a host of additional remedies should enforcement ever be required. If you are yet to begin use of a new trademark but know what you want to use it in connection with file an intent-to-use application with the U.S. Patent and Trademark Office as soon as possible. You will be glad that you did.
The Trademark Company
In the United States there are two ways that you can acquire federal trademark rights. First, you can acquire rights by using the trademark in interstate commerce. Second, you can acquire rights by filing to protect the trademark with the U.S. Patent and Trademark Office.
In regard to use-based acquisition, a person or entity acquires rights in any trademark they begin use of in interstate commerce for the purpose of identifying their goods or services. In short, when McDonald's first started selling hamburgers way back when they did not have to file to protect their trademark with the U.S. Patent and Trademark Office. They acquired rights as soon as their restaurant services began affecting interstate commerce.
On the other end of the spectrum, once you file for protection of your trademark with the U.S. Patent and Trademark Office, and provided that the application matures into a registration, your trademark rights will revert back to the date of the filing of your trademark application.
So we truly have a two-way acquisition system here in the U.S. for trademark rights: use and filing.
Many will then ask why then should we register our trademarks? Well, for a relatively modest fee the registration of your trademarks in large part quiets title for you in the trademark, makes it far easier to enforce the same, and provides the holder thereof with a host of additional remedies in the event the trademark is ever infringed upon.
So if you are using a trademark get it registered. It will deter others from infringing upon the same and provide you with a host of additional remedies should enforcement ever be required. If you are yet to begin use of a new trademark but know what you want to use it in connection with file an intent-to-use application with the U.S. Patent and Trademark Office as soon as possible. You will be glad that you did.
The Trademark Company
Monday, June 4, 2012
What’s in a Name? Everything. So Protect It!
Are your trademarks protected? Are they really protected? Is the brand you are about to launch secured?
All too often businesses launch without considering “Can I
use this name?” “Is it legal to use that
slogan?” And it can cost you. It can cost you plenty.
When deciding upon a new business or a new product or
service line for your existing business always make sure to (1) clear use of
the trademark or slogan and then (2) protect it with the U.S. Patent and
Trademark Office.
If you do not clear use of the trademark, your brand name, you
could be adopting a trademark that is confusingly similar to another’s to the
point that weeks, months, or years after launch – after your brand is becoming
successful – you may be forced to abandon your trademark and re-name the
product or your company entirely. So be
smart. Clear the use of your new
trademark before you start using
it.
You will be glad you did.
Second, once it is clear file and protect it with the U.S.
Patent and Trademark Office. This way
you will quiet title in the trademark according to the official government
agency charged with the registration of trademarks here in the U.S. Registration of your trademark not only puts all
on notice in the U.S. of your claimed rights in the trademark but also makes
the enforcement thereof far simpler and more effective.
So don’t spend your blood, sweet, and tears developing a
brand that could infringe upon another.
Pick a trademark that is available and then protect it.
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