All right there you've got a black lives matter
demonstration a while back in st. Paul, Minnesota
Join us right now is the host of justice judge, Jeanine Pirro, judge. Let's talk a little bit about how a police officer
anonymously sued black lives matter because he was at a
demonstration where he was
Injured by somebody threw a rock or a bottle or something like that and now a judge has come out and made it very clear
You can't sue black lives matter
Why right the judge says you can't send black lives matter because it's an
Organization like the civil rights movement like the tea party. It doesn't have a governing body
It doesn't have bylaws. It doesn't have yeah, it's too much
It's too amorphous and yet the plaintiff in this case said look these people have meetings. It's an unincorporated
Association they have national chapters they solicit money and in this particular case do ray McKesson the organizer
Actually was directing people directing the violence oh
Yeah, you can sue him, but guess what the judge said you know what he was engaging in protected free speech
Now I want you to guess who appointed this federal judge
Ronald Reagan no
Brock Obama, and you know what the amazing part of this is that?
DeRay McKesson
and I
Think it's about 90 of the people who were protesting. There is the federal judge right there actually got
$100,000 from the city of Baton Rouge because
Baton Rouge they said was very offensive to them and they the police were
Militarized and although no one was injured. They felt that their civil rights were violated
What is wrong with this country today?
The problem is when you have federal judges who make decisions based on politics
Activist judges and not the fact. You've got a police officer
Who was injured he was injured at the direction of duty DeRay McKesson?
DeRay McKesson walks away with
$100,000 from an organization that is amorphous
We got a problem some thoughts about this one former first lady
Michelle Obama now speaking out to the women who decided to vote for Donald Trump. She says this was ultimately a voice vote rather
Against your own voice. Here's what she said
So there's a lot of reverb in that response, but there was a lot of big message to women
How dare you not vote for the first woman president and for Donald Trump who she assumes his anti-woman well
But the condescension of you know how dare you you should know better now. I want to ask you a question
Who ran against Barack Obama?
It was a woman. It was a woman
I guess then Michelle Obama didn't know her own voice once you voted for her husband against a woman
How do you know she voted for her?
Maybe she didn't maybe she voted for the woman
But you know to suggest that women are so simple that they vote based on their reproductive organs
Only or Madeleine Albright saying that women. There's a special place in hell for women who don't vote for other women
It's just so simplistic it throws us back to the dark ages women voted for Donald Trump for two reasons in
2016 the economy and terrorism and I might add most of them thought that Hillary Clinton was a
Crook, and she was arrogant, but that may just be me
James also said anyone who really voted for Donald Trump was just uneducated, so it's a whole
See this morning
That's right. All right all right over to Gillian now for some other headlines were following hey Jillian
That's very good Friday morning to you guys to you at home as well
Let's begin with this headline the Department of Justice enforcing the president's by American hire
American executive order the DOJ hitting the colorado-based crop production services with a massive lawsuit
The corporation is accused of discriminating against at least three US workers
Refusing to hire them as seasonal technicians and Ted the company hired temporary foreign workers under a visa program
This is why you buckle your kids into their car seats correctly every single time. That's the message from a Pennsylvania mom
Sharing this powerful photo after a car crash you can see the two car seats
undamaged in front of her destroyed Honda her six week old and three escaping without a single scratch a
Memorial bench, honoring a dead teen is being removed over a Bible verse the community in charlotte county virginia
Donated the bench to a high school in march, but now they're taking issue with the quote
It reads I can do all things through christ who strengthens me
The school board saying the bible verse doesn't follow the law and to keep the bench it will need a new quote
hundreds now signing a petition to keep the bench where it is a
disaster ending to a picture-perfect caribbean wedding watch
Oh
My goodness the dock giving out during the bowels plunging guests right into the water taking the camera along with them
Luckily though the bride and groom stay dry, but they did get their something blue
Never forget that day that no they will not Janice Dean Janice it finally feels like
I
Love all of your states that you're from what's your name Rosen are you from Long Island, New York holtsville, what's your bucket list?
To be here at FoxNews this morning. I'm 75 years old today, and I'm very proud of it
That's real quick you know what it's cooler than it was yesterday by 17 degrees that we love it
We love the fall temperatures here in New York City
We'll be in the 60s today
We're at 55 right now cooler across the Rockies as well where we're gonna see the potential for a little bit of snow
We're also watching the tropics here, Maria and Lee not a big deal, but an area of low pressure across, Florida
We're gonna keep an eye on that anybody from Florida here. We're gonna keep an eye, oh there
We go alright, so we will watch that don't think it's gonna turn into a named storm, but still keeping an eye
Okay, you guys you happy. It's Friday
Wave to everybody at home
-
Happy 75th birthday absolutely, you know what it feels like football weather out there
And street football. Yeah, what do the fans think about all those anthem protests?
That's a three shots with its country. I still stand for the flag
We all should stand for the flag Todd pyro went to Green Bay Lambeau Field to find out and he's live next
Some quick Friday morning headlines for you first up former attorney General Eric Holder is heading to Hollywood
Deadline.com says a new TV show inspired by holdest time at the Department of Justice is now in the works
The dramatic series called main justice will air on CBS and will be co-produced by the former Attorney General himself
And as Holder heads to LA oprah winfrey could be plotting a trip to 1600
Pennsylvania Avenue the media mogul tweeting a New York Post article titled Democrats best hope for 2020
Oprah adding quote. Thanks for your vote of confidence while there is much speculation
Winfrey has said she would never run for office, but that was then who knows about the race to watch play
The national spotlight at Green Bay last night where players linked arms and stood during the national anthem a much different scene than last Sunday
When hundreds protested by taking a knee
But what a fans think we sent Todd pyro to Green Bay to find out and he joins us right now good morning Todd
Good morning, guys
Just as Lambeau Field behind me here is special to so many football fans
The national anthem is beyond special to so many Americans and so last night before the Bears Packer game
We spoke with fans about what standing for the national anthem means to them
As a veteran when people kneel for the national anthem what do you think?
I've seen a lot lost a lot of friends and that flag is actually something I made meseta
It's a terrible thing when people kneel what goes through your head
Ashamed ashamed of our country we all sits there for the play this is America
How do you want to tell you what I feel because I think it's just absolutely the most terrible thing that I've ever seen
Why are you wearing that button?
Do you agree with the president when he tells team owners that if they have players on their team that
Refused to stand for the national anthem they should be fired
But season tickets to watch these players play football not lock are safe your team announced
Entirely, would you give up your season tickets? Oh?
Yeah, do it at some other time the national anthem is sacred to us the completos sacred to us you want to protest
Don't do it on your boss's time. Don't do it on my time. I mean I've been through two months same two months
I'm a disabled vet. Actually I took three shots with it's country. I still stand for the flag
I'm the no turn the brothers in the military. I have friends that are after the flag
Protest
Outside Lambeau about kneeling for the national anthem we're here inside a bar just steps away from the state
To see the response as he hit the display
And as for the next team to take the field in week four drew brees
Just announced this morning via Twitter that his New Orleans Saints
Will first take a knee before the national anthem then stand for the national anthem
When kickoff begins at 9:30 Eastern in London on Sunday back to you guys in New York? Hi. Thanks dad good work top thing
That's what the Cowboys did right. Yes kneeled instead meanwhile
This is the Simon Cowell you're used to seeing classic Cowell you have one of the worst voices. I've ever heard
A much different side of Simon Cowell the tanzy found our here live next but first
Let's check in with somebody with just one side all class
Guys you know what I like the mean Simon Cowell
Listen we'll hear more from him coming up but first
You know the president's heading out for a speech again on tax reform today
Some within the GOP already breaking ranks over something. They don't like about the plane
They say it's not going to be good for the middle class
We're gonna ask House Speaker or excuse me House Majority Leader Kevin McCarthy about that plus
More criticism from the White House they're pressing back about how they're handling, Puerto Rico
We're going to talk to Kelly and Conway live about that and much more plus Isis has released a video
They say is up there leader we thought he was gone was he not we're gonna
Talk to General Jack keen about that plus a library
For more infomation >> Breaking New ,President Trump Latest News Today 9/29/17 ,Judge Jeanine Pirro ,FBI , NFL, NBA - Duration: 12:24.-------------------------------------------
SA tv News 29 September 2017 , Bangladesh Latest News Today News Update Tv News Bd All Bangla - Duration: 15:06.
SA tv News 29 September 2017 , Bangladesh Latest News Today News Update Tv News Bd All Bangla
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TMIN News 12: Post-Registration Issues - Duration: 13:39.
[music]
Congratulations on the registration of your trademark!
You've probably invested a lot of time and money into getting this registration, so don't
forget to take the actions necessary to protect your valuable asset.
Trademark rights can last forever, but in order to keep your federal trademark registration
you must continue to use the mark in commerce and file the required maintenance documents
at regular intervals.
The first maintenance document must be filed between the 5th and 6th years after registration
and the remaining documents must be filed between the 9th and 10th years after registration,
and then every 10 years thereafter.
We'll talk more about that in a moment, but be aware: Failure to file these documents
will result in the cancellation, or loss, of your federal registration.
Nobody wants that to happen, so keep it right here and we'll let you know what you need
to do to keep your registration alive.
To help us along, let's check in with Grant Gainsworth, our Senior News Analyst, and one
of our usual featured guests, Professor Christina Graham-Lawson.
Thanks to you both.
Of course.
Happy to help!
Grant, you're the Office expert; let's start with you.
In order to keep their registrations alive, what do our viewers need to do?
Well, the first thing you need to do is look up the trademark's Date of Registration.
The due dates of your post registration maintenance documents are calculated from that date, so
you need to know what it is.
And where do you find that date?
The easiest place to find it is on your actual registration certificate.
Or, if your paper certificate isn't handy, you can access a digital copy through the
USPTO database.
Alright, folks.
Feel free to pause this broadcast while you look up your Date of Registration; sounds
like you're going to need it.
We'll wait...
And when you're ready, I'll ask the professor for an example of how to calculate when the
post registration documents are due.
Professor?
Let's say your trademark registered on April 15th, 2010.
Add 6 years for the due date of the first maintenance document: April 15th, 2016.
Ten years for the second: April 15th, 2020.
Then ten years for the third: April 15th, 2030.
And so on.
The great part is that you don't have to wait until the last day of the filing window to
submit your forms.
In fact, you can file up to 1 year before the documents are due.
So, the windows for filing actually look like this.
What happens if you miss your filing deadline?
Well, it depends on when you discover that you missed the deadline.
If it's within 6 months of the due date, you can take advantage of the grace period and
file your maintenance documents, along with a filing fee and a grace period surcharge.
If you miss both the deadline and the grace period, you're out of luck.
Your registration will expire or be cancelled and there is no opportunity to revive the
registration.
At that point, you will have to start all over again and file a brand new application.
So, make sure to set a reminder for filing your maintenance documents.
To keep your registration alive, you must meet your deadlines.
Quick follow-up here, because we get this question a lot from our viewers.
If your registration expires or is cancelled, does that mean you've lost your trademark?
Not necessarily.
You might still have rights in the mark, but you have lost the powerful nationwide protection
that a federal registration creates.
OK; thanks.
So, what are these post registration documents that must be filed?
Grant?
The document due between the 5th and 6th year after registration is the Section 8 declaration.
This is a sworn statement that you are continuing to use the mark in commerce for each good
or service listed in the registration, and it must include a specimen of use and a filing
fee.
Now, what do you do if you are not using the mark for each and every good or service listed
in the registration?
If you are not using the mark for specific goods and services, you must delete those
items from the registration.
The only exception is if special circumstances exist that excuse your non-use of the mark.
It is not always easy to make that claim, however, as you must provide both evidence
and an explanation to support the excusable non-use claim.
OK.
And to clarify, when you say "specimen," is that the same type of specimen that's required
during the application process?
It is.
The same concepts apply here: a "specimen" shows how you use your mark in commerce.
It could be a label, a tag, or a container if you registered your mark for goods or an
advertisement if you registered your mark for services.
Alright.
And, remember, folks, if you need more information about specimens or just want a refresher,
be sure to watch the Specimens news broadcast which provides examples and explanations of
acceptable submissions.
Now, Grant, what about the second document that's due?
The document due every ten years after registration is the Combined Sections 8 & 9.
As you might guess, the filing includes the Section 8 declaration and, in addition, a
Section 9 request for renewal of the registration.
The Section 9 filing calls for a signed request for renewal and a filing fee.
And those are mandatory filings, correct?
Correct.
Failure to file the Section 8 declaration when it is due and the Combined Sections 8
and 9 form when it is due will result in the cancellation of your registration.
Important to keep in mind.
Now, Professor, I understand there is an optional, but highly beneficial, form that applicants
can file.
Can you tell us a little about it?
Certainly, Mark.
The Trademark Act allows for registered trademarks to become "incontestable" by filing a Declaration
of Incontestability.
And what exactly does that mean?
Well, essentially, an incontestable trademark registration is one that has an extra layer
of protection against challenges.
Once a registration becomes incontestable, another party cannot challenge the ownership
of the mark or argue that the mark should not have been registered.
There are exceptions, of course, such as registrations obtained fraudulently or marks that have been
abandoned, but overall, it means your trademark is very well protected.
Sounds like a good way to reinforce your rights.
It is.
And that's why so many trademark owners claim incontestability for their marks.
It limits the types of challenges that may be made against a registration, reducing the
likelihood of the loss of that registration.
OK, so what do viewers need to do to claim incontestability for their marks?
Like most legal filings, there are several criteria that must be met.
The mark must be registered on the Principal Register, it must have been in continuous
use in commerce for a period of 5 years after the date of registration, and there may not
be any adverse decisions or pending proceedings involving rights in the mark.
Now you said incontestability is only available for marks on the Principal Register.
Does that mean marks on the Supplemental Register are not eligible?
That's correct.
And if some of our viewers don't remember the Register on which their marks are registered,
is there a place they can look up that information?
Is that also on the Registration Certificate?
It is.
In addition to showing the Date of Registration, the Registration Certificate indicates whether
the mark is on the Principal or the Supplemental Register.
OK; great.
So, that's the basic rundown of the required and optional post-registration documents:
Sections 8 and 9 are required; Section 15 is optional.
Now that we have an understanding of what the documents are, we need to know how to
file them.
For that, we turn to our Investigative Reporter, Sandhya Mahajan, who has some breaking news
about a common mistake to avoid.
Sandhya?
If you've gotten this far in the registration process, you've probably encountered the Trademark
Electronic Application System, or, as it's more commonly known, TEAS.
T-E-A-S.
TEAS is the electronic filing system that allows trademark applicants and registrants
to file their paperwork over the Internet.
It's all available through the USPTO.GOV website.
And, according to my sources here at the Office, TEAS is the best way to file your post-registration
documents.
If you could put it up on the screen there...
You can see the Combined Sections 8 and 15 form, the Combined Sections 8 and 9 form,
plus the individual Section 8 and Section 15 forms, if you need to file them separately.
All the relevant forms are right there in one place.
Excellent.
And what about the common mistake that registrants can avoid?
Right.
I spoke with several senior officials here and they indicated that one of the biggest
mistakes made by registrants is a failure to update their Ownership information.
And, before I tell you how to update your information, let me tell you why it's important:
Section 8 and Section 9 documents must be filed by the current owner.
If the documents are not filed by the proper owner, the documents may be refused and the
registration could be cancelled.
So it is imperative that you keep your information up to date.
When you open one of the registration maintenance document forms in TEAS, you'll see that the
Owner of the Mark field is automatically filled in with the most recent Owner of the Mark
information found in the USPTO database.
Double check that field and make sure that the Owner of the Mark information is accurate.
If what's listed is not correct, read and carefully follow the instructions provided
on the form.
Typically, old or outdated information in the USPTO database is caused by a registrant
failing to notify the Office of a change in ownership of a trademark.
It may be because the business changed its name, was sold, or for some other reason.
You can fix the discrepancy by filing an assignment or a "change of name" document through the
USPTO's Assignment Division.
The form for doing so is also available on the USPTO website.
OK.
Good to know.
Thanks, Sandhya.
Sure thing, Mark.
So, remember, use the TEAS forms on the USPTO.GOV website to file your post-registration documents
electronically and, before you submit them, make sure that the Ownership information correctly
reflects the current owner of the mark.
Otherwise, your registration could be cancelled.
In addition, make sure all the other information in your filing is accurate.
For example, if goods or services currently identified in the registration are not in
use, they should be deleted from the registration when you submit your filings.
Otherwise, someone could challenge your registration because it contains goods and services that
are not in use.
Grant?
Christina?
Anything else you'd like to add in our remaining minutes?
I'd like to tack on to what Sandhya said and remind people that, in addition to your Ownership
information, you should also keep your Correspondence information up to date.
That way, the Office can contact you, if needed.
And I'd recommend contacting TAC if you have any questions.
That's the Trademark Assistance Center, correct?
Correct.
They can't provide legal advice, but they can answer general questions about the trademark
process and give guidance on the type of information to include in a form.
Anything else?
I'd say, while you have your registration certificate handy, jot down when your filings
are due on a calendar.
Set an electronic reminder.
Or post the due dates in a place where you'll see them.
A lot can happen over 6 to 10 years; it's easy to forget.
And remember, if you to fail to file the required maintenance documents, your registration will
be cancelled.
After the grace period provided by law, there is no additional time for late filing.
And, unlike an abandoned application, you cannot revive your registration.
Unfortunately, your registration will be dead and you'll have to begin the application process
all over again.
Serious stuff.
Thanks to you both.
Sure.
Thank you.
You worked hard to get your registration, so work hard to keep it alive.
Be sure to set that reminder now to file these maintenance documents later.
The continued life of your registration depends on it.
And, as always, feel free to replay this broadcast at any time and check back on USPTO.GOV for
more information.
For Sandhya Mahajan, Grant Gainsworth, and Professor Christina Graham-Lawson, I'm Mark
Trademan, Trademark Information Network.
-------------------------------------------
Entertainment News 247 - 森下悠里 インスタグラムで妊娠報告「先輩ママさんたち色々教えてください」 - Duration: 1:33.
For more infomation >> Entertainment News 247 - 森下悠里 インスタグラムで妊娠報告「先輩ママさんたち色々教えてください」 - Duration: 1:33. -------------------------------------------
TMIN News 09: After You File - Duration: 8:05.
MARK TRADEMAN, TMIN NEWS ANCHOR: Thanks for staying with us in
our continuing coverage of critical application issues for
trademark filers.
As before, if you want to avoid delays in the prosecution of
your initial application, you must pay attention to the
following important tips.
First, remember that registration is not
instantaneous or guaranteed.
Each application must be reviewed for legal requirements
and this takes time.
Although your application usually will begin to be
examined within 3 months, final disposition may be months or
years down the road.
You may need to respond to refusals or requirements issued
by the examining attorney handling your case, submit
additional documents, and pay additional fees.
This is especially true if you filed under the Intent to
Use basis.
You will be required to submit additional forms and you will be
required to pay additional fees.
DARRYL R., ORGANIC FARMER: Yeah, I expected it right away.
Like, renewing your driver's license.
You know, pay your money, get your certificate.
But it turns out there's all this law stuff and everything's
gotta be just perfect.
It's kinda like a little legal proceeding, except done over
the Internet.
TRADEMAN: Second, make sure to use the electronic resources
provided to you by the Office.
The USPTO.GOV website allows you to do many things on-line.
You can search for conflicting marks, file an application, and,
once your application has been received, check the status of
your application.
You can also view and download all the documents and
information in your file.
MICHELE M., ATTORNEY: No, it's great!
I just pop in my serial number and it tells me if anything is
happening with my application.
That way I don't have to keep calling the examining attorney
to find out what's going on.
So much easier and so much less time consuming.
TRADEMAN: For details on our third, and related, tip, I sat
down with Grant Gainsworth, TMIN's Senior News Analyst.
Grant, I understand that viewers have been reporting they've been
receiving Notices of Abandonment and they're not sure
why. Could you tell the viewers what's going on?
GRANT GAINSWORTH, TMIN SENIOR NEWS ANALYST: Sure thing, Mark.
Based on my conversations with applicants, it turns out they
didn't realize they needed to file additional paperwork.
For example, they didn't know they needed to respond to an
Office Action, or file a Statement of Use, or file some
other type of document.
As a result, when the Office didn't receive the proper
paperwork, it had no choice but to abandon the applications.
TRADEMAN: Is there any way to prevent this from happening?
GAINSWORTH: There sure is.
Check your application status every 3 or 4 months.
The electronic resource you use to check your status is called
the Trademark Status and Document Retrieval system, or
TSDR. Take a look.
You can use TSDR to see a summary of all the actions in
your application file and to make sure you don't miss
a deadline.
TSDR also allows you to look at, print, and download all the
documents in your file.
Reading these documents will make sure you stay up to date on
any refusals or requirements.
MARSHA T., IN-HOUSE COUNSEL: Oh, without a doubt.
I used to bring an extra bag, lugging those paper
files around.
Now I just get into TSDR, download the action I need to
respond to, and everything's on my laptop.
It's perfect when I'm flying cross-country!
TRADEMAN: Are there any other items that applicants need to
stay up to date on?
GAINSWORTH: There sure are.
As an applicant, it is your responsibility to make sure the
Office can communicate with you.
The Office most likely will be communicating with you via
e-mail, so make sure your correspondence information,
including your current e-mail address, is up to date in the
Office records.
If you treat Office e-mails as spam, or you respond after the
deadline, or you fail to respond at all, your application will go
abandoned. And you will not be issued a refund.
CONNOR L., MBA GRADUATE STUDENT: I kept having to change my
e-mail, 'cause of grad school and I never updated my stuff on
the USPTO website.
So, I missed a filing, my stuff went abandoned, and I lost all
this time and money.
I'll tell you, it's genius, though.
For the app that I have in right now, it's so easy.
All you have to do is go to the Change of Correspondence Address
form and put in your new e-mail. Simple.
TRADEMAN: Anything else applicants should keep in mind?
GAINSWORTH: Just remember: check your application status every 3
to 4 months and make sure you keep your correspondence
information up to date.
That should help keep you from getting a Notice of Abandonment.
TRADEMAN: Thanks, Grant.
GAINSWORTH: Anytime.
TRADEMAN: That was Grant Gainsworth, with our highly
valuable third tip.
Fourth, if you have questions, ask.
If you're having technical difficulties, contact the TEAS
Help Desk by e-mailing TEAS@USPTO.GOV.
For general information, contact the Trademark Assistance Center
by calling 1-800-786-9199.
Or, once your case has been assigned to an examining
attorney, you may contact the examining attorney
with questions.
Additional contact information is available through
the "Contact Us" link on the website.
In addition, you may hire an attorney who specializes in
trademarks to represent you before the Office.
FATIMA S., YOGA/PILATES INSTRUCTOR: Well, as soon as I
read the refusal letter from the USPTO examining attorney, I
realized I was in way over my head.
So, I looked on-line and checked with my state bar association
and found a trademark lawyer to hire.
And, you know, I'm glad I did because she was able to work
everything out for me and I got my registration.
TRADEMAN: Fifth, beware of solicitations that resemble
official documents.
You may receive unsolicited communications from non-USPTO
entities offering trademark monitoring, document filing, and
representational services.
These businesses are not affiliated with the Trademark
Office and you are not required to retain their services in
order to prosecute your trademark application.
If you wish to pay for monitoring services or hire an
attorney to represent you, you may, but the services are not
required by or in any way affiliated with the USPTO.
For more information, be sure to watch the TMIN "Solicitation
Alert" broadcast, available on USPTO.GOV/TMvideos.
WESLEY D., EDUCATION CONSULTANT: Yes.
Some of these communications can be confusing at first.
Some of them look very official.
They even use my serial number and my mark.
But once I looked at the fine print, I realized that these
notices didn't even come from the USPTO.
TRADEMAN: A transcript of this report, a list of these critical
application issues, and a link to the Trademark Processing
Timelines are all available on the Trademark Information
Network page on USPTO.GOV/TMvideos.
Remember, these are all general guidelines and may not
be directly applicable to your case.
They are, however, essential suggestions to prevent your mark
from going abandoned.
For more information, to replay these broadcasts, and to view
upcoming broadcasts, keep it locked right here on USPTO.GOV.
I'm Mark Trademan, Trademark Information Network.
-------------------------------------------
TMIN News 15: Assignments and Ownership Changes - Duration: 8:19.
[music]
Did your business change its name?
Change its entity type?
Has the ownership of your trademark changed hands?
If so, and you have a live federal trademark application or registration, you must tell
the USPTO about these ownership changes.
If you're not sure how to go about that, stay tuned.
We'll let you know what three of the most common types of changes are, how to record
these changes with the USPTO, and why it's so important to keep your ownership information
up-to-date.
So, what exactly is an "ownership change."
Simply put, it involves any modification of the legal entity that owns the trademark application
or registration.
It might be a simple change, such as a change in the owner's name or entity type, or it
might be a little more complex, like an assignment through the sale of an entire business.
Let's take a look at three of the most common types of changes.
Change in name.
Here, the owner of the trademark stays the same, but the owner's name changes.
For example, say Jane Smith owned a particular trademark registration.
Later on, she married and legally changed her name to Jane Doe.
Jane must update the USPTO records for her registration to reflect her new legal name.
Change in entity type.
Here, the owner stays the same, but the type of entity changes.
For example, say XYZ Incorporated owned a particular trademark application, but during
the registration process re-formed the business as a limited liability company (XYZ, LLC).
Notice, not only did XYZ change its entity type, it also changed its name.
The company now must update the USPTO records to indicate the owner is XYZ, LLC.
Assignment of the trademark.
Here, one party transfers, sells, or assigns its trademark rights to another person or
business, so the owner of the mark changes.
For example, say Jane Doe sold her company (along with its federally registered trademark)
to XYZ, LLC.
This transfer of ownership is called an assignment.
XYZ must record this assignment with the USPTO so that the USPTO registration record accurately
reflects that XYZ, LLC is the new owner of the mark that Jane Doe previously owned.
There are many other types of changes of ownership that can occur, but, again, these three are
some of the most common: Change in Name, Change in Entity Type, and Assignment.
Now that you know what types of changes require notification, how do you submit the information.
Like most filings at the USPTO, the quickest and easiest method is to file electronically
through USPTO.GOV.
Specifically, use the Electronic Trademark Assignment System (or ETAS, E-T-A-S).
ETAS allows you to do everything on-line that relates to recording ownership changes in
your trademark application or registration.
Simply choose the appropriate ownership change from those listed on the ETAS page.
For example, it might be an Assignment, a change of name, or a change in entity type
(called an Entity Conversion).
As required by your selection, you will fill out the remainder of the form explaining the
nature of the change in ownership, upload the document that evidences the change in
ownership (if one is required), and pay the required filing fee.
Regarding the type of supporting document you might need to provide, it depends on state
law, but it is typically a copy of the original legal document that changed the entity type
or transferred ownership of the mark, an excerpt from the same document, or a statement signed
by both parties, describing the change of ownership.
If you are merely submitting a Change of Name form, however, you do not need to submit a
supporting document.
You only need to fill out the online form and the pay the required fee.
And as to the filing fee for all of these forms, it's $40 for the first trademark listed
on the form and $25 per trademark for any additional marks listed in the same filing.
And that's it.
Just fill out the on-line form, attach any necessary documents, and pay the required
fee.
But even though filing the information is simple, there is one more thing to do.
Check the on-line Trademark Status and Document Retrieval system (known as T-S-D-R) to make
sure that your trademark application or registration records reflect the new ownership information.
Merely filing your change does not automatically update the USPTO database in all cases.
So, use TSDR to see what documents were filed and to verify that the correct ownership information
has been recorded.
If you filed your form and paid your fee, but the ownership information has not been
updated in the USPTO database, you must notify the Office.
How you do so depends on where you are in the registration process.
So, be sure to check out the relevant Practice Tip in the Trademarks section of USPTO.GOV
for the proper procedure.
And also be sure that your correspondence information is up-to-date.
Sometimes the owner and the point of contact are not the same.
To ensure that the USPTO can contact you, update your mailing address, telephone number,
and email address using the Trademark Electronic Application System (or TEAS, T-E-A-S) Change
of Correspondence Address form.
This form is available through USPTO.GOV.
If you run into trouble or are unsure what to do, call the Trademark Assistance Center
for help: 1-800-786-9199.
Or, if you have specific questions about filing your assignment or change of ownership, contact
the Assignment Recordation Branch at 571-272-3350.
It is your responsibility to ensure that the database contains the correct ownership information
for your trademark, so use TSDR to regularly check the status of your application or registration.
And, finally, why is it so important to keep your ownership information up-to-date?
Without it, you could lose control of your trademark.
Specifically, if you are the owner of the mark and your information is not up-to-date,
your application may be refused by a USPTO examining attorney.
In addition, you might not receive important USPTO notices and communications.
You might lose the ability to timely respond to those notices and submit amendments to
your application.
Once your mark is registered, you might lose the ability to file necessary registration
maintenance documents, use the registration as a basis for filing a foreign trademark
application, and, most importantly, you might lose the ability to prove to infringing users
in court that you are the true owner of the mark.
As you can see, without an up-to-date trademark application or registration, you might not
be able to enforce your trademark rights against another person or business that is infringing
your trademark.
And the USPTO might have to abandon your application or cancel your registration.
To prevent all that from happening, make sure your application and registration information
is always up-to-date.
For more information, check out the Assignments page in the Trademarks section of USPTO.GOV
and keep an eye out for more of these videos throughout the website.
I'm Mark Trademan, Trademark Information Network.
-------------------------------------------
TMIN News 10: Statement of Use - Duration: 8:54.
[music]
Have you received a Notice of Allowance?
Is the deadline approaching for your Statement of Use?
Are you unsure what these documents are and what to do about them?
Well, you've come to the right place.
Over the next few minutes, we'll explain what a Statement of Use is, why it's necessary,
and what you will need to complete the form.
We'll also discuss what to file if the due date is approaching and you're not quite ready
to submit your Statement of Use.
Finally, we'll cover what you may be able to do if you missed your filing deadline.
In order to understand the specifics of the form, however, we need to take a step back
and take a look at a larger concept: basis.
If you remember the earlier news broadcast about "basis," you might remember that the
most commonly used filing basis in the United States is Section 1.
And that there are two options under Section 1: Section 1(a) and Section 1(b).
Section 1(a) means that you are already using the mark in commerce and Section 1(b) means
that, although you are not yet using the mark in commerce, you have a bona fide intent to
do so.
If you're unfamiliar with what is meant by "use in commerce," think about it this way.
"Use in commerce" means that you have an ongoing business and actively are offering your goods
or services across state lines or internationally.
For goods, "use in commerce" generally involves selling your goods across state lines with
the mark displayed on the goods themselves or the packaging for the goods, like shoes
that are made in one state and sold nationwide.
For services, "use in commerce" generally involves offering a service to customers in
another state or rendering a service that affects interstate commerce, like restaurants
and gas stations and hotels.
And "use in commerce" doesn't have to be just in the United States: it can involve commerce
between you and a U.S. territory or a foreign country.
As long as your use of the mark isn't solely within one state, you've met the requirement.
This is important because in order to move your application forward to registration,
you must be using your mark in commerce.
That means that if you currently have a Section 1(b) basis in your application, you must amend
it to Section 1(a) to register your mark.
This is true even if you had used your mark prior to filing, but nonetheless filed under
Section 1(b).
The form used to make this amendment is the Statement of Use, or "SOU."
It allows you to turn your Section 1(b) application into a Section 1(a) application, one of the
final hurdles to registration of your mark.
And, after all, that's why you filed the application in the first place, right?
Now, you might be wondering how you know it's time to file your Statement of Use.
It's very simple.
You will receive a document called a Notice of Allowance.
It's sometimes called a "NOA" or an "N-O-A."
The Notice of Allowance means that your mark has passed through the publication phase and
may almost be ready to register.
The only step that remains is proving that you are using your mark in commerce by filing
the Statement of Use.
The document also starts the clock ticking.
You only have six months from the date of the Notice of Allowance to either submit the
Statement of Use or request an extension of time to file the Statement of Use.
To avoid abandonment, make sure to comply with the six month deadline.
So, now that you understand why you need to file the Statement of Use and when you need
to file it, let's discuss the specifics of what you'll encounter in the online form.
You will be asked to provide the following: the date when you first used the mark, the
date when you first used the mark in commerce, a signed declaration that you are now using
the mark in commerce for the identified goods and services, a specimen of use, and the filing
fee.
Once you file the Statement of Use, be aware that registration is not guaranteed.
The USPTO will review the Statement of Use and may find issues that must be addressed.
For example, the submitted specimen may not show valid trademark use.
If you've filed a trademark application before or have watched any of the earlier broadcasts,
you might already know what is meant by a "Specimen of Use."
As a reminder, a "specimen" shows how you use your mark in commerce in connection with
your goods or services.
It could be a label, a container, or a hang tag for goods or an advertisement if you applied
for services.
The form requires you to submit your specimen digitally, so be sure to have a digital photograph
or copy of the specimen in JPEG or PDF format.
If you need more information about specimens or just want a refresher, be sure to watch
the Specimens news broadcast, which provides examples and explanations of acceptable submissions.
Now, you might be wondering, "What if I've received the Notice of Allowance, but I haven't
yet used the mark in commerce?"
Or, "I can't find an acceptable specimen to submit?"
Well, if that's the case, you can request an Extension of Time to file the Statement
of Use.
To request an extension, use the provided form, but be sure to keep in mind: the time
and circumstances under which you may file an extension request are limited.
You must file it on or before the date your Statement of Use is due.
Each extension request only lasts for six months and you may only file up to five extension
requests.
After the first request, you must state your ongoing efforts to use the mark when requesting
any more extensions and remember there is a filing fee for each request.
The online form provides checkboxes for the most common types of acceptable ongoing efforts,
such as "product or service research or development," "market research," and "promotional activities."
If you miss the filing deadline for the Statement of Use or the extension requests, the USPTO
will consider your application abandoned.
And, in order to revive it, you must file a Petition to Revive, generally within two
months of the abandonment date, and pay a petition fee.
You may also have to comply with other requirements.
There is no guarantee you will be able to revive your application if it goes abandoned,
so keep a close eye on your application status.
For more detailed information about Petitions, be sure to watch the Petitions news broadcast,
also available on the USPTO website.
When you're ready to file your forms, it is strongly recommended that you use the Trademark
Electronic Application System or TEAS, T-E-A-S.
You may have used TEAS to file your initial application.
There are TEAS forms for both the Statement of Use and the Request for Extension of Time
to File the Statement of Use.
Simply open the "Intent-to-Use" forms page and select the form that applies to your situation.
The forms include lots of information and helpful links, so be sure to read them thoroughly
before submitting.
And, although you hopefully won't need it, TEAS can also be used to file a Petition to
Revive form.
And those are the basics.
Just remember, in order to register your mark under Section 1, you must show the USPTO that
you have used your mark in commerce.
So, if you initially filed your application under the Section 1(b) Intent to Use basis,
you must file a Statement of Use to prove that you're using the mark in commerce.
And the easiest way to do so is by using the TEAS form.
Feel free to replay this broadcast at any time and click on any of the links within
the forms for more information.
And keep an eye out for more of these broadcasts through the website.
I'm Grant Gainsworth, Trademark Information Network.
-------------------------------------------
TMIN News 16: Solicitation Alert - Duration: 8:08.
MARK TRADEMAN, TMIN NEWS ANCHOR: Hello, everyone.
Thanks for staying with us during our continuing coverage
of SolicitationGate.
We have more breaking news coming your way.
If you're just joining us, the United States Patent and
Trademark Office has reported that numerous applicants and
registrants (viewers just like you) have been solicited by
companies using the public information of record in the
USPTO database.
I repeat: private companies not affiliated with the USPTO are
using your trademark application and registration information to
send you official-looking solicitations.
We'll discuss the specifics in a moment, but first, my interview
with someone who received such solicitations: Sarah Thomas.
In the interest of her privacy, she has asked that we not use
her real name.
It was from this quiet street in Alexandria, Virginia that Sarah
first filed a trademark application with the USPTO.
As required by the application, she included her
mailing address.
And soon, her mailbox was stuffed with these.
Solicitations.
All from private companies not affiliated with the USPTO, all
of them asking Sarah to pay money for various services.
SARAH THOMAS: Well, it was confusing.
Because I had already paid fees to the USPTO and then these
letters started coming in, asking me for additional fees.
And I'm a small business.
I couldn't afford that.
TRADEMAN: So, what did you do?
THOMAS: Well, something just did not seem right.
I mean, they looked official and all.
It had my name, the application number, but the names and the
fees just seemed off.
It was registration companies or compliance companies and some
even asked for money in Euros...
TRADEMAN: Well, did you respond to any of them?
THOMAS: No, no.
I actually went on to the USPTO website and they have an entire
page devoted to this, with examples and explanations to
tell consumers to beware of these types of solicitations.
TRADEMAN: That's right.
The USPTO website shows real-world examples of
solicitation letters.
Now, some of these companies do offer legitimate services, but
some of them try to mislead you into thinking that you're
dealing with the USPTO and some of them try to mislead you into
paying money that isn't required.
Sarah's story, however, has a happy ending.
THOMAS: Well, I got my registration.
And after I looked at the USPTO website, I learned that I did
not need any of the services that were being offered in
this letter.
Rather, I learned that official communications from the USPTO
will say "United States Patent and Trademark Office" and
they'll be sent from the Alexandria, Virginia address, or
from an e-mail "@uspto.gov."
Otherwise, I can ignore them.
TRADEMAN: And now for some information you
shouldn't ignore.
When you file a federal trademark application, your
mailing address and email address become part of the
public record.
Private companies analyze the information in the USPTO
database to send applicants and registrants solicitations for
various trademark-related services.
The notices often look official.
They appear as invoices and may require inflated or
"past due" fees.
Some of them even make it seem like the law requires you to pay
these fees.
The letters may refer to your trademark, your application
serial number, or your registration number.
They may contain "U.S.," "United States," "Office," or "Agency"
in the company name and letterhead.
The USPTO is not sending these documents and you are not
required to respond to them.
You are only required to respond to documents and emails sent by
the United States Patent and Trademark Office.
Be aware, however. Not all solicitations are the same.
Some solicitations offer to provide legal services, such as
assistance with responding to an official communication from the
USPTO about your application.
These services are often helpful, as the registration
process is, in fact, a legal proceeding.
So, before you sign up for any service, research the company
and make sure that an attorney experienced in trademark law
will be overseeing the work that is done for you.
Other solicitations offer assistance with filings that the
law requires, but fail to disclose their own fee levels
inside the offer.
For example, once your mark is registered, the law requires
that you submit registration maintenance and renewal
documents and pay fees at certain times.
Some solicitations offer to submit these documents for you,
but inflate the true cost of filing by charging you fees that
are higher than the law requires.
Information about these filings and fees and all the forms you
need to make them are available on the USPTO.GOV website.
While you can complete the forms yourself using the website,
generally the USPTO recommends consulting with an experienced
trademark attorney to help you with these (and other) filings.
Remember that only an attorney may represent you
before the Office.
Most trademark filing, maintenance, and monitoring
companies may not.
There are also solicitations for unnecessary services, like
listing your trademark in a private trademark registry.
While you may choose to sign up for these services, please be
aware that the USPTO has the only official database of
federally registered and applied-for trademarks in the
United States.
And once you've paid your USPTO application fee, your trademark
is automatically listed in the public database; you do not need
to pay additional fees to be listed.
So, to avoid confusion, be sure to read each document carefully
before making a decision about whether to respond.
The USPTO does not endorse any of these private services and
you are not required to use the services they provide.
And note, as Sarah did, that all official correspondence about
your application or registration will either be mailed from the
"United States Patent and Trademark Office" in Alexandria,
Virginia or emailed from "@uspto.gov."
If you receive a trademark-related solicitation
that you believe may be a scam, you can file a consumer
complaint with the Federal Trade Commission: www.FTC.gov.
If you've been misled by one of these solicitations into paying
money unnecessarily, the USPTO would like to know about it.
Please e-mail TMFeedback@uspto.gov.
You'll be asked to provide information about the exchange,
including a copy of the solicitation.
Although the USPTO cannot refund any money paid (you need to
contact the individual company for that or seek legal
assistance), the information will help the USPTO raise public
awareness of the issue.
And it may prevent other trademark owners from making the
same mistake.
For more information about these solicitations, and to see more
examples of them, visit USPTO.GOV and pull up the
non-USPTO solicitations web page.
You'll see how official these documents can look.
You can also call the Trademark Assistance Center at
1-800-786-9199 for additional details.
In the meantime, stay safe, read carefully, and good luck...
I'm Mark Trademan, Trademark Information Network.
-------------------------------------------
Kim Kardashian-West confirms baby news! Surrogate is due in January 2018 - Duration: 4:36.
Kim Kardashian-West confirms baby news! Surrogate is due in January 2018
Kim Kardashian-West has CONFIRMED that she is having a third child with husband Kanye West.
In a new promo for Keeping Up With the Kardashians season 14, Kim says to her sister Khloe on FaceTime: What happens every time I say, Guess what? and Khloe guesses, saying: Youre pregnant. or the persons pregnant,.
And thats when Kim confirms it: Were having a baby, she says, before the promo abruptly ends. The couple have hired a surrogate, and according to TMZ, shes reportedly due in January 2018.
Its going to be a big year for the Kardashian Jenner household and its believed Kylie Jenner is pregnant and Khloe Kardashian is also pregnant. Honestly, whats in the water over in Calabasas?.
What a lovely way to bring in the new year. According to Us Weekly, their surrogate is a woman from San Diego and shes in her late 20s. The woman was referred to the pair by an agency.
So how much does it cost to carry a Kimye baby? Its believed the couple agreed to pay $45,000 in 10 monthly instalments of $4,500, according to a TMZ report. This is an addition to the $68,850 deposit given to the agency.
Earlier this year Kim was told by doctors that she would not be able to survive another natural birth. She then admitted that she begged younger sister Khloe to be her surrogate.
In an episode of Keeping Up With The Kardashians, the 36-year-old mother-of-two was seen considering all the different options available for her to have another child.
I have had to go through multiple things to try and do it on my own but I do not think that is looking good for me but I am not giving up, she told Watch What Happens Live.
So it is a process. You kind of see the whole thing on this next season of our show, of me begging Khloe to help out, she added. But I do not want to do that to her..
She later revealed that both her older sister Kourtney and mother Kris Jenner, had offered to carry her third child for her. In previous episodes of the show, Kim spoke about plans to get surgery on her uterus to help her conceive.
She asked her mother Kris: Should I try to change my surgery? I have to go in and prepare my uterus because I decided Im going to try to have one more baby.
So what surgery are you having? sister Khloe chipped in. Kim explained: I have to have a surgery on my uterus, to kind of repair this hole. So they need to like, clean that out, and theres like scar tissue.
Itll also be a really high-risk pregnancy just I would be able to get pregnant.. A shocked Khloe asked: So why do you want to do it again? to which she replied: Having more kids is definitely gonna be a struggle.
Ive gone through so much with really bad deliveries that the doctors dont think its safe for me to conceive again myself.
This surgery is really the one last thing I can try. I want my kids to have siblings, and I want to know that I did everything that I could to make this happen..
In another clip from the show, the star said that despite her previous difficult pregnancies and deliveries, she wants to try again.
"I'm going to try to have one more baby," she said before adding. "I want my kids to have siblings but the doctors don't think it's safe for me.".
In the same episode, her mum Kris Jenner was heard urging her to think about her health. "I don't want you to do something that puts you in danger," she said.
Last year, before the Paris robbery, Kim Snapchatted her six pregnancy tests while in an LA airport.
Telling her followers that she was having a panic attack that she could be pregnant, she said: Im legit in the airplane bathroom taking a pregnancy test because Im having a little bit of a scare, so no big deal, Kim said.
Kim then took her phone into the bathroom with her whilst she took them. They all turned out to be negative.
-------------------------------------------
TMIN News 17: Rockin' the Trademark - Duration: 10:28.
MARK TRADEMAN, TMIN NEWS ANCHOR: Hello, everyone.
And welcome to a Trademark Information Network Special
Report: "Rockin' the Trademark." This one is dedicated to all you
bands, singers, and other musical artists out there to
help you navigate the federal trademark registration process.
At first, applying for a trademark registration might
seem as difficult as the trickiest time signature, but
with a little information, your mark can record the greatest
recognition of all: a federal trademark registration.
And the right to use the "R in the circle" symbol with
your mark.
To help us along today, we have Camille Ki Kwon, our
Investigative Reporter, who will be taking us through three of
the largest pitfalls for musicians filing applications.
Camille, I guess that makes you lead vocals for today.
CAMILLE KI KWON, INVESTIGATIVE REPORTER: I guess so!
But what does that make you, Mark?
TRADEMAN: Oh, buried in the rhythm section, I guess, where I
can't do too much damage.
Maybe a tambourine?
Or a set of bongos?
KWON: No...
TRADEMAN: Take it away, Camille.
KWON: Thanks, Mark.
We receive lots of questions from bands and other musical
artists about problems they run into during the
application process.
These issues fall into three main areas: identifying the
applicant, identifying the goods and services, and submitting
acceptable specimens.
Let's go through them, one by one.
EDUARDO RIVERA: What's up, Trademark people.
We want to register our band name as a trademark, but we're
confused by the application.
LAUREN RUTH WARD: I'm filling out the application.
Do I put my name down?
Do I put everybody's name down?
Do I put the band's name down?
What do we do?
KWON: Good question.
This section often confuses applicants and they identify
themselves incorrectly.
It may seem like a simple concept, but it's trickier than
it looks.
And it's incredibly important.
If the applicant is identified incorrectly, your application
may be void and you must start all over, losing valuable time
and your non-refundable filing fee.
With a little info, though, we can keep that from happening.
The first thing to do is to figure out who owns
the trademark.
Do you own it individually?
As a group?
Or maybe you formed a legal entity that owns the trademark.
Like a corporation, LLC, or business partnership.
The answer to this question determines how you fill out the
application form.
For the most part, bands and other musical artists file
either as individuals or joint applicants.
That's because they haven't filed paperwork with their
states to form corporations, LLCs, or partnerships.
And that's OK.
The important thing is to identify your entity status
correctly on the trademark application form.
Let's say Mark over here is a singer/songwriter and wants to
register his name as a trademark for his entertainment services.
Let's also assume he owns the trademark as an individual and
hasn't, say, incorporated his entertainment business.
In the electronic application form, he would enter his name,
last name first ("Trademan, Mark").
Click that he is an "Individual" and then select United States as
his citizenship.
And then fill out the rest of the form.
And that's how it works if you own the trademark as
an individual.
If Mark and I have a band together, though, and haven't
formed a legal entity for our band, we'd fill it out this way.
The first page could stay the same, because we co-own the mark
as individuals.
Note that we are not a legally formed Partnership and we are
not a Joint Venture.
Those entities require filing paperwork with the state.
Instead, we are "joint applicants." So, at the bottom
of the page, we would click "Add Owner" and fill out the second
page for me.
And that's how it works if you co-own the trademark with
another person or party.
You click "Add Owner," allowing you to file as Joint Applicants.
If your band has more members, keep adding owners until all
parties are identified in the application.
In this case, if the band has not formed a legal entity (like
a corporation or LLC), the band members are all
joint applicants.
And they all need to be named as individual owners in
the application form.
GIA MORA: Hey, guys.
I'm Gia Mora and I am scheduling a national tour of my one-woman
show, EINSTEIN'S GIRL, and I would like to register a
trademark for my live act.
But I'd also like for it to cover the CDs and the t-shirts
and the swag and everything else I sell while I'm on the road.
So, I would love a little help!
Thank you so much! Ciao!
KWON: Sure thing, Gia.
Accurately identifying your goods and services is a very
big issue.
But it becomes very simple when you think about it carefully.
Are you using your mark on actual physical products?
Goods? Or are you performing an activity for someone.
A service.
Typically, live performances are a service.
As are retail store and on-line retail store services where you
sell your CDs, downloads, and t-shirts.
That's in contrast to all of the physical products that you sell
in your store; those are goods.
Here are the most common identifications.
Entertainment services, namely, live performances by a
musical band.
Retail store and on-line retail store services featuring
pre-recorded music CDs, downloadable music files,
stickers, posters, t-shirts, jackets, and hats.
Pre-recorded music CDs and downloadable music files.
Stickers and posters.
Clothing, namely, t-shirts, jackets, and hats.
And these are the basics.
You might have more, less, or different goods and services,
but these identifications cover most of the services and swag
that musical artists typically associate with their trademarks.
Remember, however, that goods and services are placed in
different International Classes.
CDs and downloads are identified in Class 9.
Stickers and posters in Class 16.
Clothing in Class 25.
Retail store services in Class 35.
And entertainment services in Class 41.
Each International Class requires a separate filing fee
and a separate example of how you actually use your mark in
commerce; it's called a specimen.
So, before you file for every good that you sell or service
that you perform, be sure to decide whether you need to
protect your trademark for every single product (down to pens and
buttons) or whether you just want to register your mark for
your entertainment services and maybe your clothing articles.
The choice is yours and depends on how much protection you think
you need and how much money you want to spend in filing fees.
If you're not sure, you may wish to consider hiring an
experienced trademark attorney to advise you.
D SMOOVE: What's up, y'all. I'm a DJ and I want to protect
my brand.
So, what exactly is this specimen thing and what kind do
I need to submit with my application.
KWON: A specimen is evidence of how the public encounters your
mark in the marketplace.
What type of specimen you need to submit depends on whether you
have goods or services.
For example, if you have services, like "disc jockey
services," you may submit advertising as a specimen.
You could submit a screenshot of your webpage.
Or maybe a poster or flyer that shows your mark being used in
the advertising of your services.
Remember, though, that your specimen may not be advertising
for an upcoming gig.
The specimen must show use of the mark for a past performance.
Also remember that your specimen must show use of the mark in
connection with your services.
Here, "disc jockey services." Your specimen cannot just show
that you use the name.
It must show use of the name in connection with the
underlying services.
If you use your mark on goods, like "t-shirts," you may submit
photographs showing the mark appearing on the labeling or
packaging for the goods.
You could submit a picture of the mark appearing on a
t-shirt label.
Or a t-shirt hangtag.
Even the mark appearing in a traditional trademark location
on the t-shirt.
Remember, though, that not all uses of a mark on clothing show
acceptable specimen use.
If the mark appears in large size across the front of a
shirt, wraps around the shirt, or appears as a repeated pattern
on the shirt, that is considered decorative or ornamental.
And a USPTO examining attorney may issue an ornamental refusal.
For more information about ornamental refusals, be sure to
check out the "Ornamental Refusal" webpage on USPTO.GOV.
In addition, remember that you cannot register your name or
band name for sound recordings if it is used as a title of a
single work or solely to identify you as an artist.
Your specimens must show evidence that you use the mark
for a series of recordings.
So, at least two albums or CDs.
You must also either show evidence that your name is
promoted and recognized as the source of the series or that you
control the quality of your recordings, as well as the use
of your name.
This topic is often confusing, so be sure to check out the
"Rockin' the Trademark" webpage on USPTO.GOV or consult
an attorney.
So, that's a specimen.
It shows how you are actually using the mark in commerce in
connection with your goods and services.
And that's it: answers to the three questions most bands ask
when applying for a federal trademark registration.
How do I correctly identify the owner of the mark.
What are the most common acceptable identifications of
goods and services for bands and musical artists.
And what are acceptable specimens for these types of
goods and services.
TRADEMAN: Excellent. Thanks, Camille.
Now, what about information on other trademark issues that
musical artists might face.
For example, what happens to a trademark when a band breaks up?
KWON: Good question.
The USPTO's "Rockin' the Trademark" webpage is a
great resource.
Not only does it provide more details about the three topics
we've covered, it also discusses more complex trademark issues,
such as how a band's dissolution impacts trademark rights.
TRADEMAN: Any other resources you'd recommend?
KWON: Certainly.
The Trademarks section of USPTO.GOV has a wealth
of information.
There are Trademark Frequently Asked Questions.
A downloadable Basic Facts About Trademarks booklet.
Plus, individual videos about Applicants, Goods and Services,
and Specimens as part of the larger Trademark Information
Network series.
TRADEMAN: And that does it, folks.
On behalf of Camille and myself, thanks for watching.
I'm Mark Trademan, Trademark Information Network.
I should head home and work on my tambourine technique.
KWON: Or maybe the cow bell!
TRADEMAN: Oh yes. You always need more cow bell...
-------------------------------------------
TMIN News 02: Before You File - Duration: 10:42.
MARK TRADEMAN, TMIN NEWS ANCHOR: Refusals.
Delays. Loss of time and money.
Usually leading to the death of a trademark application.
That's the report we're getting from the Trademark Office at
this hour.
If you fail to search for conflicting marks before filing,
improperly fill out the application, or fail to submit
the proper supporting documents, you may create major
deficiencies in your application. Take a look.
DAVEY V., MUSICIAN: Yeah, I really didn't know what I
was doing.
But, I'm in a band with some friends and we wanted to protect
our band name.
So, I got online after a show one night and filled out
the application.
Um, but doing it in a rush like that was a mistake because I
wasted a year and 225 dollars.
Did you know that fee was nonrefundable?
TRADEMAN: So, if you are a first-time filer, wish to avoid
delays, or want to avoid an application that is void from
the start, stay tuned for some important tips just released by
the Trademark Office.
First, use the electronic resources provided to you by
the Office.
For example, before you even start the application, use the
Trademark Electronic Search System, or TESS, to search for
marks that are confusingly similar to yours.
If there's a live mark in the system that is similar to yours
and used with related goods and services, your application may
be refused.
ALICIA E., LIFE COACH: It's a good thing I checked, actually.
Turns out some guy in Alaska had already filed for the mark I
wanted in a related business.
So, I just picked a new mark.
Saved me a bunch of money...
TRADEMAN: Second, file electronically.
Use the Trademark Electronic Application System, or TEAS
(T-E-A-S), to file your application.
Once you start to fill out the application form, remember that
the Owner of the Mark is not necessarily the name of the
person filling out the form.
If the owner of the trademark is a corporation, Limited Liability
Company, partnership, or other legally formed business, use the
name of the business as the Applicant Name.
And don't forget to include the state in which the business is
incorporated or organized.
If you alone own the trademark, you may indicate this by filling
in your personal name, clicking that you are an Individual, and
selecting your country of citizenship.
Pay careful attention to this matter or you could end up with
a void application.
NOEMI, FASHION DESIGNER: I screwed up big time!
I put down my name, plus my mom's name, 'cause she kinda
gave me the idea.
And also that I was an LLC 'cause I wanted to file papers
for that and I thought, well, if I put it down, I'd file for it,
but then I didn't.
It was a mess.
I guess I'll read the form next time!
TRADEMAN: I've just been informed that we have breaking
news from the Trademark Office.
Karen, can we go live? OK.
Ladies and gentlemen, we're taking you live to the
USPTO campus.
Standing outside the atrium is our own Sandhya Mahajan.
Sandhya, what's the story?
SANDHYA MAHAJAN, TMIN INVESTIGATIVE REPORTER: Well,
Mark, I've just been informed that the number one mistake
first time filers make is not understanding that a drawing of
the mark is not the same thing as a specimen. Ever.
A drawing of the mark is merely a depiction of the mark by
itself, without anything else around it.
As you can see from the screen, it could be a Standard Character
Mark, meaning you don't claim rights to any particular style,
font, or color.
Or, it could be a Stylized or Special Form mark.
A specimen, on the other hand, shows how you actually use the
mark in commerce in connection with your goods and services.
For example, if you use the mark on goods, you'd submit a picture
of the mark on a label or hang tag that is attached to
the goods.
For services, on the other hand, advertising and marketing
materials are acceptable, so long as they show the mark being
used in the advertising or providing of the services.
Don't confuse the two and remember: a drawing shows what
the mark is; a specimen shows how the mark is used.
That's all from here, Mark.
I'll let you know if anything else develops.
TRADEMAN: Thanks, Sandhya; keep us posted.
Now, uh, I guess this is number four?
Make sure to correctly identify your goods or services.
JAMIE H., GENERAL CONTRACTOR: My goodsy what?
TRADEMAN: Choose carefully, because an incorrect
identification of goods and services could prevent
registration down the road.
And, in these situations, the Office does not issue refunds.
JAMIE H.: Learned that the hard way...
TRADEMAN: If you're asking what an "identification" is or what
is meant by "goods and services," think about it this
way. What do customers purchase from you?
An actual physical product that bears your trademark?
Or do they hire you to perform an activity for them?
If it's products, you have goods.
If it's activities, you have services.
Although the determination of whether you have goods or
services can be confusing, it's critical that you make the
correct identification.
To help you along, let's look at an example that applicants often
find confusing: "T-shirts" and the "custom imprinting of
t-shirts."
Let's say you designed a bunch of t-shirts and you want to
sell them. If a customer purchases one, you're providing
goods: t-shirts.
Note that the customer didn't pay you to perform an activity.
He paid you for a "thing." You, then, are a goods provider and
you'd want to identify your goods as "t-shirts."
On the other hand, let's say a customer has created a new
design that she wants you to print on a t-shirt.
If you do as she asks, you're providing a service: a custom
imprinting service.
Although the customer does end up with a t-shirt, she didn't
come to you to purchase a "thing." She hired you to
perform an activity.
You, then, are a service provider and you'd want to
identify your services as "Custom imprinting of t-shirts"
or "Silk screen printing."
But "Wait!" you might be asking.
"Don't I need to put down that I'm selling my t-shirts?"
The quick answer is "No." The selling of your own goods is
never a service, but the providing of a convenient place
to purchase goods is.
So, if you have a website or a retail store where you provide a
place for people to purchase goods, such as t-shirts, then
you'd want to identify "retail store services." For our example
here, your services would be "Retail store and online retail
store services featuring t-shirts."
See the difference between them all?
It can be confusing, but just remember: goods are things that
bear your trademark; services are activities that you perform
for others.
The Office has a listing of acceptable goods and services in
the Trademark Manual of Acceptable Identifications of
Goods and Services, also known as the ID Manual.
For guidance, spend a few minutes with the ID Manual and
see if the Manual contains an identification that accurately
reflects your goods and services.
If so, use that ID in your application.
It's important to list the correct ID, because you can't
add additional goods and services later and you can't
switch back and forth between goods and services if you get
it wrong.
The Office has also indicated that the goods or services you
identify should only be those with which you are actually
using the mark or have a bona fide intent to use with
the mark.
Theoretical usage doesn't count.
RICK A., ENTREPRENEUR/INVENTOR: Don't try to list everything
within a class of goods or services.
It's a complete waste of time.
There's no way you're going to use your mark on everything.
Instead, just put down those items on which you're actually
going to use your mark.
TRADEMAN: Fifth, as you figure out your goods and services,
figure out your correct filing basis.
If you are already using the mark in interstate commerce, you
should file under the Section 1(a) Use-in-Commerce basis.
If you are not yet using the mark in interstate commerce, but
have a bona fide intent to do so within the next 3 to 4 years,
you should file under the Section 1(b)
Intent-to-Use basis.
For more details on the examination chronology, check
out the Application Timeline found on the USPTO website.
Finally, always remember that registration is not
instantaneous or guaranteed.
Each application must be reviewed for legal requirements
and this takes time.
Although your application usually will begin to be
examined within 3 months, final disposition may be months or
years down the road.
You may need to respond to refusals by the examining
attorney, submit additional documents, and pay
additional fees.
This is especially true if you are filing under the Intent to
Use basis.
You will be required to submit additional forms and you will be
required to pay additional fees.
While some applicants complete the application process without
assistance from a lawyer, other applicants hire attorneys who
specialize in trademark law to help them through the
proceedings. The choice is yours; do what is right for you.
BARTON C., SPORTING GOODS STORE OWNER: Well, I didn't realize
this before I filed my first application, but there are
lawyers out there who specialize in trademark law.
Which is fantastic, 'cause not only do they do the search to
let you know if your mark is eligible for registration, but
they also file the application for you and then they'll handle
any problems that might arise through the whole process.
I mean, maybe not everybody needs the help, but I figure
it's a legal proceeding.
Why not let the lawyer handle it?
Know what I mean?
TRADEMAN: A transcript of this report, a list of these critical
application issues, and a link to the Trademark Processing
Timelines are all available on the Trademark Information
Network page through USPTO.gov/TMVideos.
Remember, these are all general guidelines and may not be
directly applicable to your case.
For more breaking coverage on ways to save time and money at
the Trademark Office, keep it right here.
Additional news segments cover topics in the filing form, as
well as what you need to know after you've submitted
your application.
Watch them now and replay them as often as you like.
No need to wait for news at 11...
I'm Mark Trademan, Trademark Information Network.
-------------------------------------------
US-Politik im News-Ticker Trump gratuliert Merkel per Telefon zum Wahlergebnis - Duration: 6:08.
For more infomation >> US-Politik im News-Ticker Trump gratuliert Merkel per Telefon zum Wahlergebnis - Duration: 6:08. -------------------------------------------
TMIN News 19: Fees - Duration: 11:03.
MARK TRADEMAN, TMIN NEWS ANCHOR: Hello everyone and welcome to
another Trademark Information Network Special
Report. Today's topic: fees.
Because, like any good businessperson, you want to
know, "What's it gonna cost me."
Before we dig into the actual numbers, however, there are four
main factors to discuss that affect how much your overall
application costs: how many trademarks you want to try to
register; how many classes of goods and services you include
in your application; what type of online application form you
use; and your filing basis.
Each factor plays a role in your overall cost, so let's go
through them, one by one.
First, how many trademarks do you want to try to register?
Remember: registration is not guaranteed.
And: you may only file one mark per application.
The USPTO considers every variation of a trademark to be a
separate trademark.
Separate trademarks require separate applications, each with
their own filing fee.
For example, let's say your mark is "T.MARKEY" and you're
interested in protecting the name alone, the name in a
stylized font, the name with a cartoon character design, and
just the cartoon character alone.
Registering each of these four trademarks, although
conceptually related, would require four separate
applications and, therefore, a total of four filing fees.
So, if your budget does not allow you to register all four,
you may wish to submit a single application for a version of the
trademark that gives you the broadest protection over the
life of your trademark, such as the Standard Character
Mark version.
For more information on this topic, be sure to watch the
"Drawing Issues" news broadcast, available on USPTO.gov/TMvideos.
Second, how many appropriate classes of goods and services
are you including in your application?
Remember, trademarks are used to indicate the source of
particular goods and services.
And, although an application may only display one mark, it can
cover a broad range of goods and services falling in a multitude
of International Classes.
So, in your application, identify the goods and services
with which you are either using or have a bona fide intent to
use your mark.
Each good or service is classified in a corresponding
International Class.
The number of International Classes in your application
determines your filing fee.
For example, if you want to register your trademark for
computer game software (which is in Class 9) and t-shirts (which
are in Class 25), you must pay a filing fee that covers both
classes. That is, the fee will be the base fee, times two.
For more information about goods and services and International
Classes, be sure to watch the "Goods and Services" news
broadcast, also available on USPTO.gov/TMvideos.
Third, which online application form do you want to use?
As you can see, the USPTO offers three different
electronic forms: TEAS Plus, TEAS RF, and TEAS Regular.
Each form has different filing requirements, but, if your
application is successful, can result in the same thing: a
federal trademark registration.
The USPTO, however, encourages applicants to use the TEAS Plus
filing option, as it provides the least expensive and most
streamlined approach.
For more information about the differences between the TEAS
application forms, be sure to watch the TEAS Nuts and Bolts:
TEAS Plus vs. TEAS RF vs. TEAS Regular comparison video,
available on USPTO.gov/TMvideos.
Fourth, what is your filing basis?
As you might remember, trademark rights are acquired through use.
You cannot federally register your trademark until you are
actually using it in commerce with the goods and services
identified in your application.
If you are already using your mark in interstate commerce with
the goods and services listed in your application, your filing
basis is Section 1(a) Use-in-Commerce.
With this basis, you probably won't have to pay any additional
processing fees.
If you are not yet using your mark in commerce, but have a
bona fide intent to do so within the next 3-4 years, your filing
basis is Section 1(b) Intent-to-Use.
With this basis, you will have to pay additional fees and
submit additional forms.
Specifically, you will have to convert your Intent-to-Use
application to a use-based application by filing
a Statement of Use.
And, if you are not ready to file a Statement of Use when it
is due, you will have to file one or more Requests for
Extension of Time to file a Statement of Use to get up to
five available six month extensions.
The USPTO requires a processing fee for each of these filings.
For more information about filing bases, be sure to watch
the TMIN: Filing Basis broadcast.
For more information about the Statement of Use, be sure to
watch the TMIN: Statement of Use broadcast.
Both are available on USPTO.gov/TMvideos.
And those are the four factors to take into account
when determining how much your application might cost: the
number of trademarks, the number of classes, which online
application form you use, and your filing basis.
Now that we have those factors in hand, we can determine what
your application filing fee might be.
We can also discuss the other fees you may need to pay during
the application process, as well as those fees you'll need to
submit after your mark registers, to keep your
registration alive.
As we discussed, and as you can see in the previously mentioned
TEAS Nuts and Bolts comparison video, the USPTO provides three
online filing options for the initial application, each with a
different filing fee per International Class.
TEAS Plus costs $225 per class.
TEAS RF costs $275 per class.
TEAS Regular costs $400 per class.
Both TEAS Plus and TEAS RF have additional requirements beyond
the TEAS Regular minimum filing requirements.
If you fail to meet those additional requirements, you
must pay an additional filing fee of $125 per International
Class and the USPTO will transform your application into
a TEAS Regular application.
You might also have to submit additional documents and pay
additional fees before your application is eligible to
proceed to registration.
And those are the initial application filing fees.
But remember: your filing basis also affects what fees are due.
If your basis is Section 1(b) Intent-to-Use and you are filing
electronically, your Statement of Use will cost $100 per class
and any Requests for Extension of Time to file the Statement of
Use will cost $125 per class.
Once your mark is registered, you won't have to pay any more
application fees, but you will need to pay other fees when
filing the registration-related documents required to keep your
registration alive.
Between the 5th and 6th years after registration, you must
file a Section 8 Affidavit of Continued Use ($125 per class
when filed online).
Between the 9th and 10th years after registration, you must
file a combined Section 8 Affidavit of Continued Use and
Section 9 Request for Renewal ($425 per class when
filed online).
This combined filing is due every 10 years
after registration.
For more information about these post-registration maintenance
documents, be sure to watch the TMIN: Post-Registration Issues
news broadcast, available on USPTO.gov/TMvideos.
To help make sense of all of these numbers, let's compare
some common application scenarios.
For simplicity, we'll assume all filings are made electronically.
For example, a Section 1(a) single class TEAS Plus
application would cost $225 to file and prosecute.
A Section 1(b) single class TEAS Plus application would cost a
minimum of $325 to file and prosecute, as you would have to
pay to file both the application and the Statement of Use.
The same application could cost a maximum of $950 if you end up
needing to file all five Statement of Use Extension
Requests at $125 apiece.
Comparing a TEAS Plus application to a TEAS Regular
application shows an even more dramatic difference in
filing fees.
A Section 1(a) single class TEAS Regular application would cost a
minimum of $400.
A Section 1(b) single class TEAS Regular application would
initially cost a minimum of $500 to file and prosecute, but could
potentially cost $1125, if all five Statement of Use extension
requests are filed.
If each application contains goods and services in two
International Classes, the costs double.
The Section 1(a) TEAS Plus application would cost $450 and
the Section 1(b) TEAS Regular application could cost as much
as $2250.
As you can see, "how much it's gonna cost you" depends on many
factors: the number of marks you want to register, the number of
International Classes in each application, your chosen online
application form, and your filing basis.
For more information about filing fees, be sure to check
out the USPTO's Trademark Fee Information page, which also
includes details on available methods of payment.
Remember: registration is not guaranteed.
A USPTO examining attorney reviews every application and
not all legal problems in an application are fixable.
Your filing fee pays for that review, as well as
document processing.
As such, except in very rare cases, there are no refunds.
Trademark fees are subject to change, but don't worry.
The Trademark Information Network will keep you up-to-date
on any changes at the Office, so you can stay focused on using
your brand to build your business.
Feel free to replay this video at any time and keep an eye out
for more of these broadcasts throughout
the website.
I'm Mark Trademan, Trademark Information Network.
-------------------------------------------
Breaking: Major Bank Delivers Brutal News to NFL and Network Carrying Games | Top Stories Today - Duration: 3:03.
After the latest round of anthem-kneeling this weekend, the NFL was already feeling
the wrath of its fans.
Now, it's beginning to feel the wrath of Wall Street.
According to Bloomberg, major investment bank JPMorgan Chase just gave a brutal outlook
to the NFL and the networks that are carrying its games, singling out the anthem protests
as one of the reasons the entities could be in serious trouble.
According to Bloomberg, analyst Shawn Quigg said investors should bet against CBS stock
ahead of this week's NFL matchups, arguing that more controversy could tank the stock.
"The bank recommends buying an option that gives you the right to sell the shares at
$57.50 on the likelihood that the stock will fall below that price after the company discloses
ratings for the games," Quigg said in a note to investors.
"CBS closed at $58 on Tuesday."
"NFL-related revenue is not trivial to CBS, and any decline in NFL viewership related
to the national anthem debate may negatively affect future results," he added.
"We view this weekend's viewership results as a cleaner proxy in determining whether
the anthem debate may be a larger issue for the NFL, and CBS, or not."
Quigg also pointed to the increase in Pittsburgh Steeler Alejandro Villanueva jersey sales
in the wake of this past weekend.
Villanueva was the only Steeler to leave the locker room and stand for the national anthem
before the Steelers game on Sunday.
"If one uses player jersey sales as a proxy, fans appear to favor an on-field standing
presence during the anthem," Quigg noted, adding that another week of controversy and
bad ratings could possibly "mobilize investors to take the potential impact more seriously."
According to Bloomberg, NFL-related ad dollars represent 10 percent of CBS' total revenue.
While ratings were slightly up this past weekend compared to last year, ratings from the first
two weeks of the season have been down significantly.
As USA Today points out, last year's Monday night game in the third week of the season
conflicted with one of the presidential debates, meaning it would be difficult to read too
much into any ratings gain from this week.
And, while viewers might have tuned in to see the controversy, it's unlikely they're
going to stick around to see it again.
The fact is that plenty of fans are sick of the NFL's anti-anthem posturing, and lower
network revenues (and concomitant stock prices) are going to be the new normal until that
gets sorted out.
CBS isn't the only stock analysts are likely to be warning about if this keeps up.
Please like and share on Facebook and Twitter with your thoughts on the NFL's anthem protests.
What do you think the anthem protests will do to NFL viewing this weekend?
Please Share this news and Scroll down to comment below and don't forget to subscribe
top stories today.
what do you think about this?
Please Share this news and Scroll down to comment below and don't forget to subscribe
top stories today.
-------------------------------------------
TMIN News 06: Goods and Services - Duration: 6:29.
MARK TRADEMAN, TMIN NEWS ANCHOR: Confused about how to identify
your goods and services?
You're not alone.
Stay tuned for some important tips and keep in mind...
Correctly identifying your goods and services is one of the most
critical aspects of your application.
A failure to correctly list the goods and services with which
you use the mark may prevent you from registering your mark.
And you will not be given a refund.
If you're asking what an "identification" is or what is
meant by "goods and services," think about it this way.
What do customers purchase from you?
An actual physical product that bears your trademark?
Or do they hire you to perform an activity for them?
If it's products, you have goods.
If it's activities, you have services.
Although the determination of whether you have goods or
services can be confusing, it's critical that you make the
correct identification.
To help you along, let's look at an example that applicants often
find confusing: T-shirts and the silk screening of t-shirts.
Let's say you designed a bunch of t-shirts and you want to
sell them.
If a customer purchases one, you're providing
goods: t-shirts.
Note that the customer didn't pay you to perform an activity.
He paid you for a "thing." You, then, are a goods provider and
you'd want to identify your goods as "t-shirts."
On the other hand, let's say a customer has created a new
design that she wants you to print on a t-shirt.
If you do as she asks, you're providing a service: a silk
screen printing service.
Now, although the customer does end up with a t-shirt, she
didn't come to you to purchase a "thing." She hired you to
perform an activity.
You, then, are a service provider and you'd want to
identify your services as "Imprinting messages on
t-shirts" or "Silk screen printing."
But "Wait!" you might be asking.
"Don't I need to put down that I'm selling my t-shirts?"
The quick answer is "No." The selling of your own goods is
never a service, but the providing of a convenient place
to purchase goods is.
So, if you have a website or a retail store where you provide a
place for people to purchase goods, such as t-shirts, then
you'd want to identify "retail store services." For our example
here, your services would be "Retail store and online retail
store services featuring t-shirts."
See the difference between them all?
It can be confusing, but just remember: goods are things that
bear your trademark; services are activities that you perform
for others.
The Office has a listing of acceptable goods and services in
the Trademark Manual of Acceptable Identifications of
Goods and Services, it's also known as the ID Manual.
For guidance, spend a few minutes with the ID Manual and
see if the Manual contains an identification that accurately
reflects your goods and services.
If so, use that ID in your application.
Keep in mind, however, that "accurate" does not mean "overly
specific." Selecting the general category of your goods
and services is perfectly acceptable.
For example, if your goods are t-shirts featuring rhinestones,
you do not have to include the information about rhinestones in
your identification or e-mail the Office to have the ID added
to the Manual.
You may simply identify your clothing in the application as
"T-shirts" or "Shirts" or even "Tops."
If the ID Manual does not contain an acceptable listing
for your type of good or service, and you're applying
through either TEAS RF ("TEAS Reduced Fee") or TEAS Regular,
use the "free-form text" option to explain the goods and
services in your own words.
If you're applying through the TEAS Plus form (and the ID
Manual does not contain an acceptable listing), you have
several options.
You can e-mail the Office to see if the ID can be added to the
Manual or you can start over and use either TEAS RF or
TEAS Regular.
In any event, be aware that "close doesn't count." Merely
choosing an identification in the Manual that is similar to
your goods and services, but that does not accurately reflect
them, can cause major problems in your application and could
prevent the eventual registration of your trademark.
In addition, it's important to list the correct ID, because you
can't add goods and services later and you can't switch back
and forth between goods and services if you get it wrong.
Also remember that an ID should not indicate a "manner of use."
That is, the ID should not indicate how you intend to
market your goods and services.
So, unless you actually sell business cards to other people
or provide actual advertising services for other people, do
not write down "business cards" or "advertising." Your ID should
specify either the actual goods upon which your mark is used or
the actual services with which your mark is used.
Another common mistake is to list every type of good or
service within an International Class.
Doing this may cause major delays for your application.
You should only list the goods and services with which you are
actually using the mark or have a bona fide intent to use
the mark.
If you discover later on that you want to add additional goods
and services, you must file a new application to cover those
goods and services.
Essentially, although you can modify wording in your original
application to clarify the exact nature of your goods and
services, you cannot simply add goods and services to
that application.
Correctly identifying your goods and services is critical.
Take your time and choose carefully and wisely.
The registrability of your mark may depend on the ID that you
choose now.
Feel free to replay this broadcast and click on any of
the links within the form for more information.
And keep an eye out for more of these broadcasts throughout
the website.
I'm Mark Trademan, Trademark Information Network.
-------------------------------------------
TMIN News 08: Specimen - Duration: 5:29.
MARK TRADEMAN, TMIN NEWS ANCHOR: Like most applicants, you're
probably wondering, "What in the world is a specimen?"
The easiest way to think about it is this: a specimen shows how
you actually use the mark in commerce in connection with your
goods and services.
It's real-life evidence of how the public encounters your mark
in the marketplace.
And the specimen you submit must be acceptable to the USPTO.
We'll look at some examples of acceptable specimens in a
minute, but in order to know what to submit, you must first
know whether you are a goods provider or a services provider.
You are a goods provider if customers purchase physical
products from you that bear your trademark.
Like shoes or laptops or candy.
You are a services provider if customers pay you to perform an
activity for them.
Like landscaping or accounting or dry cleaning.
See the difference?
Goods are things that bear your trademark.
Services are activities that you perform for others.
For more information about goods and services, be sure to watch
the "TMIN: Goods and Services" news broadcast, available on
USPTO.gov/TMvideos.
Remember, accurately identifying your goods and services is
important because it determines what type of specimen you need
to provide.
The type of specimen you must submit is different if you have
goods than it is if you have services.
Let's take a look at which specimens are acceptable for
goods and which are acceptable for services.
If you apply for goods, you may submit a photograph of the mark
on the goods themselves, or on a label or hangtag that is
attached to the goods.
Packaging that shows the mark is also acceptable.
By way of illustration, let's say your goods are "t-shirts."
You could submit a digital photograph of the mark appearing
on a hangtag.
You could also submit a digital photograph showing a close up of
the mark appearing on the t-shirt label.
You could even submit a photograph of the mark appearing
in the left breast pocket area of the t-shirt.
Be aware, however, that not all uses of marks on goods
are acceptable.
When a mark is used on goods, the mark must appear where and
how consumers expect to see a trademark, and not merely as a
decorative or ornamental design.
Examples of ornamental designs on t-shirts include situations
where the mark appears in a large size across the front of
the shirt, where it wraps around the shirt, and where it appears
as a repeated pattern on the shirt.
These types of designs are generally unacceptable, as they
do not show good trademark use.
Consequently, your application will be refused.
For more information about ornamentation and how to
overcome an ornamental refusal, be sure to visit the "Ornamental
Refusal" webpage and watch the "TMIN: Ornamental" news
broadcast, available on USPTO.gov/TMvideos.
Also remember that advertising brochures, business cards,
invoices, and other internal and marketing materials are not
acceptable specimens for goods.
You must show use of the mark on the goods themselves or on the
labeling or packaging for the goods.
For services, on the other hand, advertising and marketing
materials are acceptable, so long as the mark is shown being
used in the advertising or providing of the services and
the specimen references those services.
For example, if your services are "Custom imprinting of
t-shirts," you could submit a screenshot of your website that
shows the mark and references those printing services.
You could also submit photographs or scanned copies of
your marketing materials that show the mark and reference the
printing services.
Many different types of materials are acceptable as
specimens for services, as long as the specimen both shows the
mark and references the provided services.
Remember, though, that the specimens for goods and the
specimens for services are not the same.
Goods specimens show the mark on the goods, the labeling, or the
packaging; services specimens show the mark in the advertising
or providing of the services.
Also remember, it is not enough to show how you might use a
specimen in the marketplace.
You must submit a photograph, screenshot, or similar
representation of the actual thing.
Mock-ups and digitally altered specimens are not acceptable.
And, as before, remember that a specimen is not the same thing
as a drawing.
A drawing shows what the mark is; a specimen shows how the
mark is used.
For more information about drawings, be sure to watch the
"TMIN: Drawing Issues" news broadcast, available on
USPTO.gov/TMvideos.
Feel free to replay this broadcast and click on any of
the links within the form for more information.
And keep an eye out for more of these broadcasts throughout
the website.
I'm Mark Trademan, Trademark Information Network.
-------------------------------------------
Padma Bridge Good News Ekattor Tv News 30 September bangla news update 2017 - Duration: 8:41.
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-------------------------------------------
TMIN News 18: Ornamental - Duration: 6:08.
MARK TRADEMAN, TMIN NEWS ANCHOR: Did you receive an ornamental
refusal from a USPTO examining attorney?
Are you trying to register a design that decorates your
t-shirts, jackets, or hats?
A clever phrase that adorns your bumper stickers, buttons,
or mugs?
If so, stay tuned and you'll learn how to overcome that
refusal and, in the future, avoid it all together.
The ornamental refusal is one of the most common refusals issued
by the USPTO when examining trademark applications by
t-shirt designers, silk-screen printers, and applicants trying
to register decorative designs and memorable slogans.
It means that the USPTO has refused your application and
that your trademark will not register, unless you provide
evidence showing why it should.
Before we talk about what evidence you might need,
however, let's talk about what an ornamental refusal is and why
you might receive one.
As you might recall from previous videos, the purpose of
a trademark is to indicate the source of particular goods
and services.
You use a word, phrase, symbol, or design to indicate to
consumers that they can rely on a particular level of quality
when purchasing your specific goods or hiring you for
specific services.
If a word, phrase, symbol, or design does not do that, it's
not a trademark.
It's simply a word or phrase or pretty picture.
For example, the USPTO generally would consider both
"Happy Birthday!"
and a repeated balloon pattern on a plate to be ornamental use,
not trademark use.
A purchaser would understand neither the phrase nor the
pattern to indicate the source of the goods, but, instead,
would rather see the phrase and pattern as mere ornamentation
or decoration.
See the difference?
A trademark indicates source.
A decorative design or phrase does not.
And that's the way to avoid or overcome an ornamental refusal:
show the USPTO that your mark functions as a trademark.
How do you do that? Here are two ways.
One, submit an acceptable specimen.
A specimen is evidence of how the public encounters your mark
in the marketplace.
It might be a label, a hangtag, or even a webpage, so long as
the page includes the mark, a picture or textual description
of the goods associated with the mark, and a means to order
the goods.
For more information about specimens, be sure to watch the
Specimens news broadcast, available on USPTO.gov/TMVideos.
The following are examples of specimens likely to trigger an
ornamental refusal: the mark appearing as a slogan (such as
"Have A Nice Day!")
across the front of a shirt; the mark appearing in a large
size across the front of the shirt; the mark wrapping around
the shirt; and the mark appearing in a repeating pattern
on the shirt.
Specimens showing the mark appearing in a traditional
trademark location are best, such as a neat, discreet logo in
the left breast area of the shirt.
Therefore, you can avoid or overcome an ornamental refusal
by submitting a specimen showing appropriate
trademark use.
Another, less common, option is to submit evidence of
secondary source.
This means that you submit evidence you are already using
the mark in connection with goods or services different from
those listed in your application.
For example, a university that provides educational services
might attempt to register its name for t-shirts.
If the university submits a specimen showing the name (such
as USPTO University) written in large letters across the front
of the t-shirt, the Office would likely refuse the mark
as ornamental.
To overcome the refusal, the university might show that it
already uses the same trademark for its primary activity (here,
educational services).
The submitted evidence (such as a valid trademark registration)
is known as "primary source" evidence.
It establishes that any other use (such as use on a t-shirt)
is related to its educational services and, thus, is an
indicator of secondary source.
Remember, you can never establish secondary source
without first showing there is an acceptable primary source,
but once you establish both, you can avoid or overcome an
ornamental refusal.
For more information about ornamentation, be sure to check
out Section 1202.03 of the Trademark Manual of Examining
Procedure. Also be sure to read the "Ornamental Refusal" page on
USPTO.gov.
The page contains lots of information about the refusal,
as well as additional ways to overcome it.
If you have not yet filed your application and want to avoid
the ornamental refusal altogether, you have
several options.
You can make sure your specimen is an acceptable type before
filing by educating yourself about proper specimens.
In addition, you can include information about your primary
services in the initial application, showing the USPTO
that the specimen functions as secondary source.
And those are the basics.
The Office issues an ornamental refusal when the mark on your
specimen appears to be decorative.
Overcome or avoid this issue by showing the USPTO how the mark
indicates source.
Feel free to replay this video at any time and keep an eye out
for more of these broadcasts throughout the website.
I'm Mark Trademan, Trademark Information Network.
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