Intellectual property is a name used to point out an assortment of legal privileges to a buffet of ideas, information or other works in an expressed concrete structure. The proprietor of this legal privilege is licensed to implement the exclusive rights on his/her property within the intellectual property law's prerogatives.
By definition, intellectual property refers to the issue that what the human mind has invented or produced can be considered as a property and can be protected by the law. It signifies the precise description of legal rights endowed upon inventors, authors, and other certain property owners.
Trademark is considered as an intellectual property alongside with copyrights; patents, industrial design right, and trade secrets.
As an overview, patents are granted to new and practical inventions and allow the patentee the right to solely exploit the commercial potential of the invention for a certain amount of time. The purpose of industrial design right is to guard the structure of design or style of an object such as furniture or spare parts. While the realm of responsibility of copyrights are creative works; and it provides the holders the privilege to be in command of the work's adaptations or reproductions for an agreed upon period of time. Lastly, trade secrets are non-public information related to proprietary enterprise information and that its public revelation is deemed unlawful.
To return to the main subject, a trademark is any sign that allows identification of the commodities and services that are produced by a company or an individual. A trademark can be a single or a collection of words, designs, icons, letters, numbers, or symbols. It is practically the façade of a company that promotes their commercial marketability power to the public. But it can be also used to merely identify a non-corporate organization or club.
Other than its purpose of distinguishing a product or a service, it also endows exclusive rights and protection to the asset or property claimed by the owner. Although the time span of exclusive protection for the said mercantile properties may vary, trademark registration can be extended for an indefinite period of time as long as the owner can pay the additional fees. Protection of commercial properties by trademark laws is implemented by magistrates. These magistrates have the power to obstruct trademark infringement.
Trademark's primary purpose is to pointedly name the origin or source of the commodities. It is basically a sort of symbol of origin or another way of marking a property. This type of utilization of trademark is called trademark use. The owner of the trademark insists on the rights through the blockage of illegal usage by competitors.
Rights to the trademark take place after completing registration of the mark associated with a certain variety or single type of goods and services. But it may be necessary to instigate legal proceedings to thwart of illegal use of the mark outside the jurisdiction of the law. But trademark law does not eliminate the use of the mark or symbol by the hoi polloi or public.
When one looks at it clearly, trademark supports global commerce through financial returns and commercial exposure of the marketable properties. Protection of trademarks also includes the obstruction of unreasonable rivals and the prevention of imitators to utilize the same distinguished signs to sell their own products, services, or properties. This scheme practically facilitates fair production and enterprise of mercantile goods, services, and properties encouraging the advancement of global trade.
But this organization of commercial trade has its critics, too. There are others that view the grand system of intellectual property as intellectual protectionism. There are arguments as to whether the laws concerning intellectual properties function for the benefit of the global citizenry. It is also deliberated if the protection the laws provide is suitable within the context of originality developed from facts derived from tradition, folklore, legends, or myth as well as patents intended for business techniques.
The provision of international property laws of rights can be deemed innately off-putting. It consequently endows the international property holder the right to keep out competitors from violating their control and regulation of the products and services.
Last but not least, the intellectual property laws' endowment of exclusive rights and/or privileges can be reassigned or loaned to third parties with or without due consideration. Just like other types of property, intellectual property, in this case, trademark property, can also be loaned or mortgaged to other people. It can be even utilized as a security for a loan, too!
Patents and Trademarks
Nearly 28 million small business owners in the united states and over 22 million are running their own business. The latest technology has made it easier for individuals to run their own company without hiring a lot of employees, thereby eliminating overhead and excessive payroll costs.
Over half of the working human population (120 million people) will work in a small company. Presently there are a number of people that are employed in small businesses only waiting to gain enough capital to begin their very own business. The freedom of having your own business means you can work when you want on your own schedule rather than punching a time clock for an employer. You can work as much or as little as you like as long as you can make a profit in your business.
To create a company image or brand, the first thing that most people think about is the business name and the trademark symbol usually associated with it. The business name should be unique and should meet all the necessary requirements that the registration office will allow. However, the trademark is another story. You have to register your business trademark with the United States Patent and Trademark Office.
Like the business name, the trademark should be unique and should meet the criteria for qualifications to get it approved. However, you have to consider that the business name itself can also be your trademark symbol, just make sure that the lettering and also the business name is unique.
If you have a patent then it may be wise to file your patent as soon as possible. The new law says that the first person to file is the person who is able to go out and market the invention first.
You have to realize the fact that registering your business name as well as the trademark symbol is very important. This is the logo that separates one company manufacturer from the other. It prevents confusion among consumers on which products to buy. For example, if you are looking for a pair of Nike tennis shoes, you look for the Nike logo which is the "check" sign usually associated in the tags and even put in the products. You identify that the shoes are authentic by the trademark symbol.
By registering your trademark with the Patent and Trademark Office, you can be sure that no other companies will try to use your trademark symbol as it makes it illegal for them to use without your permission. You should consider the fact that it is included in the intellectual property rights. Even the design of the product cannot be copies if you copyright the design with the Patent and Trademark Office.
If you register your business name and trademark, you will have exclusive use for it and will not allow other companies to put in your trademark and business name in their products just to make it sell. Since no one will be able to use the business name and the trademark of your company, you can be sure that your company’s reputation is protected.
It is also recommended that you should register your trademark as soon as possible in order to claim it first and avoid others from claiming your trademark as their own by registering it at the Patent and Trademark Office. However, you can temporarily copyright your trademark symbol via the poor man's copyright. To protect your trademark symbol through a poor man's copyright, all you need to do is enclose a copy of the design in an envelope and mail it to yourself. When the mail arrives, you will notice that there are stamps in it as well as the date received and delivered in it. Leave the envelope unopened and when someone claims it in the Patent and Trademark Office, you can present the unopened envelope to the Patent and Trademark Office. The PTO personnel will open the envelop and examine the trademark design in it.
You have to consider that registering your trademark will take some time to get approval. This is why you should considering hiring a lawyer that specializes in the patent and trademark law as well as the anti-piracy and intellectual property law. They will be able to help you with the different paperwork associated in filing a trademark registration. They will also examine your trademark symbol and make some recommendations in design changes if anything needs to be changed.
These are the things you need to consider when applying for a trademark registration with the Patent and Trademark Office. Remember this and you can be sure that you will protect your trademark as well as the reputation of your company.
Patents and Trademarks
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