Legal Issues About Trademarks And Domain Names
by: Peter Goldberg
Trade marks are a name or symbol that are used to distinguish the goods of services of a particular company from others.
Similar to copyrights and other signs of intellectual property, the effects of the trademark system is territorial. This means, that each country has its own trademark system. A brand name like Machine Head may be owned by one person in the United Kingdom and by another, totally unrelated, person in the United States.
The domain name system, which is putting most of its emphasis on the .com title as the international domain, does not really jive well with the trade mark system because of the latter’s fundamental definition of “ownership.”
A case in point is the Prince vs Prince suit. Prince, the US-based manufacturers of sports goods, challenged the use of the www.prince.com domain name by a British computer consultancy company. The said company registered the domain in good faith and have been using it. The Prince sports goods company, which has no registered UK trademark, threatened to sue the British company for US trademark infringement. The latter counter-sued in the UK for the unwarranted threats regarding trademark infringement. They eventually won and the US company had to contend with just using the domain name www.princetennis.com.
Alternatively, a different scenario where the trademark owner will most likely prevail over a domain name holder’s rights is in the case of Marks & Spencer vs One in a Million. This particular case was elevated to the English High Court in 1997 when various trademark holders, including the world-famous UK retailer Marks & Spencer, sued One In A Million, a company who accumulated a number of domain names under the well-known trademarks like Sainsburys, Virgin, Marks & Spencer, and Cellnet. These domain names, and others, were bought with the express goal of selling them again to the trademark owners. The High Court decided that One In A Million be required to relinquish their claim on the said domain names. This decision was further upheld by the Court of Appeal.
Based on the two actual court cases we can build up a clear picture about the interrelation of trademarks and domain names.
In general, domains that have no trademark significance can be acquired by the entity who registered them first. Continuous use of this non-trademarked name will allow the holder to build a reputation on the name. When the situation is between to legitimate companies who have a right to the name then, as with the stipulation of most laws in most countries, the first person who registers will get the domain. However, a registrant to a domain that is also a subject of a trademark and who does not have any entitlements is going to be forbidden based on the laws of most countries. For more information please visit http://www.dolphinformations.co.uk.
About The Author: Peter Goldberg runs the website http://www.dolphinformations.co.uk which is your expert resource for all business related issues. Source: ArticleCity.com
]]>An Introduction to Trademarks
by: Gerard Simington
In marketing, there is a particular strategy known as branding. In many ways, trademarks are designed to protect your brand from use by others.
An Introduction to Trademarks
A trademark is a form of intellectual property. Intellectual property is owned by the person or business creating it. With practically all forms of intellectual property, however, you have to take steps to formally notify the world of your property and protect it.
A trademark is a distinctive mark used to identify a product, company, service or device. When you think about it, you are very familiar with trademarks. At the risk of being sued to the high heavens, the following are trademarks: Coca Cola, Pepsi, Google, EBay and Toyota. Each of these words mean something to you and are readily identifiable with a product or service in your mind. When you think of EBay, you immediately think of an online auction site that was originally created so the owner’s girlfriend could trade Pez dispensers [true]. When you think of Toyota, you think of cars. This is the power of brand recognition and trademarks are used to protect them.
A trademark is a powerful thing when it comes to the law. If you obtain a trademark, it is binding nationwide and others are not allowed to infringe upon it in an effort to swipe your customers or confuse the public. With your mark, you can sue to stop the infringement and recover monetary damages suffered. Basically, a trademark is a hammer for stopping nefarious conduct cold.
To obtain a trademark, you must have patience, patience and more patience. The mark is obtained through the Patent and Trademark Office. It is a very slow process. You or your attorney do a search to make sure are not in conflict with any previous marks. You then file an application and begin waiting. Within 8 weeks, the Patent and Trademark Office will send you a notification indicating they acknowledge receiving your application. Just receiving it! You will then wait another 6 months or so to hear if the application is accepted. Often you will receive correspondence asking for clarification or raising a problem. You then provide a response and wait. Months will pass. Eventually, the back and forth will come to final result. If your trademark application is accepted, it will be published and you are protected. The process is so lengthy that it is not uncommon for it take well over a year for the application to be approved. In short, you are going to need a lot of patience.
While obtaining a trademark can take forever, it is well worth the effort. Once you have it, you can keep competitors and others from using the trademarked term you worked so hard to establish.
About The Author: Gerard Simington is with http://www.findanattorneyforme.com – an online attorney directory. Source: ArticleCity.com
]]>by External Articles
An advanced care directive, commonly known as a living will is something everyone should have. A living will is a legal document that states specific directives regarding medical treatments that must be followed by caregivers or the person appointed power of attorney for health care decisions if you are unable to give informed consent. A living will ensures that your wishes are carried out.
What Does a Living Will Cover?
There are some people that think a living will is used only to direct health care providers to withhold necessary medical treatment. While many do use a living will for this type of instruction, a living will is also a way for a person to ask for all available medical techniques and treatments should they want them. Living wills are complicated because they deal with medical issues so it is always a good idea to consult with your doctor so he can clarify any treatments or techniques you are unsure of.
One thing to keep in mind is that a living will’s legality does not take effect until the patient has been medically determined to be terminally ill or is in a permanent vegetative state, unable to communicate medical wishes.
The Difference between a Living Will and Durable Power of Attorney
Some functions of a living will can be performed by a durable power of attorney. The document gives the attorney legal power to make any health care decision for a person who is unable to make those decisions for themselves, in some cases it also allows the durable power of attorney to use his/her own judgment. Unlike a living will, a durable power of attorney does not depend on a vegetative state or terminal illness in order to be used. A good example of someone who would be incapable of making their own sound medical decisions is someone with Alzheimer’s.
If you choose not to have a living will or appoint a durable power of attorney your family members may end up fighting and arguing over what treatment you should or should not be receiving. Even though a doctor will consult with your family they still may be split in the decision making. Since doctors only consult with family members, if you are unmarried the living will and durable power of attorney will enable them to have a say in your health care decisions.
An Attorney-In-Fact
An Attorney-in-Fact is the person you assign power of attorney. Whomever you chose as the proxy for health care decisions or attorney-in-fact needs to be someone you trust and is comfortable talking about medical issues. An assertive and diplomatic individual is the preferred choice because you are choosing someone to be your advocacy. They may need to argue with the doctors and even your family members, and in some cases, go to court and fight on your behalf. You need someone who is aware of the choices your have made and will support any and all instructions you have laid out.
More people are choosing to have a living will as it takes the pressure off family members when it comes to making important medical decisions. Medical decisions should never be made with your emotions, but unfortunately it happens too often. This is why a living will is a very important document to have.
For more information about a caregiver intercom system go to IntercomsOnline.com. Also read their article titled:Wireless Intercom for Elderly or Disabled
Article Source: Populate.NET Article Directory Author Profile: External Articles
]]>Car Accident Claims: A Guide
By Carys Robshaw
With 71% of the population holding a current driving licence our roads are busier than ever. There are 31million cars on Britain’s roads today making car accidents a major cause of injury. 10 people are killed on our roads every day, along with 290,000 serious injuries per year. In 95% of all accidents the main cause was human error.
Everyone is likely to be involved in a car accident at some point. Statistics show that most people are involved in at least one car accident in their life. Where an injury is sustained which through the fault of someone else, a personal injury claim can be brought. Making a personal injury claim for a car accident involves holding the person at fault accountable for their actions.
If you are involved in an accident, it is important to take a number of steps to ensure that if you do decide to claim, you have all the relevant information. Whenever any accident takes place, both parties are required by law to stop. You should exchange details with the other driver. It is not wise to make any comment on whose fault the accident is at the scene. Record as many details as you can as it will be useful for your to claim to have as much information as possible available. Details such as the make, model and colour of both cars as well as the registration will be very useful. Take the details of any witnesses as they may be vital in identifying the cause of the accident. Draw a sketch of where the accident took place, including as much detail as you can. Write down a clear account of exactly what happened as soon as you can. These detailed records will assist you greatly in your claim. If you have already been involved in a accident, don’t worry, you can still claim if you have not done any of these things, as long as the accident was not your fault.
After the accident, notify your insurance company straight away. Their record of the claim will be important in your case. You should visit you r doctor for any injuries, however minor they may seem. Many personal injury cases fail as there is no record of the injuries received. Some injuries, such as whiplash, may not be apparent until up to 48 hours after the accident. As soon as you feel any symptoms, visit your doctor.
Making a personal injury claim can ensure that the injured party receives compensation for their injuries suffered and earnings lost. On filing a claim, the victim is assigned an expert personal injury lawyer who is skilled in dealing with this type of claim. There are lawyers who specialise in particular injuries such as whiplash, head injuries or back injuries.
A car accident that was not your fault will usually be handled on a ‘no win, no fee’ basis. This means that you will not be liable for any legal costs in the event that you lose. In most cases even in the event of a win, no costs will be charged to the claimant, as the costs are recovered from the losing side.
Your claim will be calculated according to your circumstances. The payout will reflect loss of income, damage to your car or other property, cost of replacement hire car, insurance policy excess, compensation for pain and injury and any expenses incurred as a result of injury. These might include taxi fares, medication or alterations to your lifestyle.
Once you decide to pursue a claim and hire a personal injury lawyer, your lawyer will take care of everything for you. They will deal with your insurance company and contact the other driver’s insurance company. They will contact the police and obtain an accident report if there is one. The will speak to any witnesses, gather all the medical evidence.
The amount awarded and time taken to settle your claim will vary greatly. You must speak to an expert to assess your claim as every case is different.
Author’s Bio: Carys is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles. Article Source
]]>by fresh24
A whiplash injury is caused by a sudden or forceful impact to the neck. It is commonly seen in motor vehicle accidents, especially those involving a rear-end collision. Symptoms of a whiplash injury can range from stiffness and pain in the neck, shoulders and back, to dizziness, ringing in the ears and blurred vision.
While accident victims are entitled to compensation, often only those with grievous injuries, such as fractures, actually file accident compensation claims. In contrast, few people file accident claims for whiplash injuries even though they may suffer just as much emotional and physical pain as a grievous injury claimant.
The reason for this is that a whiplash injury is often not considered severe enough to file a claim. However, this is not true; a whiplash injury is just as capable of attracting suitable compensation as other injuries. These are four tips to help you file your claim:
1. Undergo a medical examination. It is important that you have yourself examined by a doctor for your injury, even if you think it is insignificant. Not only is this good practice medically speaking, but a doctor’s report also acts as crucial evidence while claiming compensation. I know of one case where a doctor also found another medical condition caused by a collision.
3. Maintain a diary. A whiplash injury, even though not physically evident, can be crippling. It could hamper your regular functioning and prevent you from living a normal life. You can make your case stronger by detailing all the difficulties you faced due to the injury. Keep a list of any emotional pain that you may feel as a result of your accident.
4. Record financial losses. You can claim compensation for the financial losses caused by your whiplash injury. This would include the total cost you incurred in treating and coping with your condition and any painkillers or specialist equipment, in addition to the earnings you lost during the period of your recovery.
Paul has written numerous articles on whiplash injury claim issues, particularly those involving car accident and other topics of claims.
Article Source: Populate.NET Article Directory
]]>When creators of artistic and literary works are given legal rights, then copyright describes the process. Literary works that are protected by copyright include poems, novels, plays, newspapers, reference works. Artistic works which include drawings, paintings, sculpture, photograph, advertisements, architecture, technical drawings, and maps. Others are databases and computer programs, musical compositions, choreography, and musical composition.
Copyright is important to the creativity of every people. It gives them incentives either in the forms of fair monetary rewards or recognition. The creators are rest assured that they are protected from piracy or unauthorized copying thus they can distribute their works without fear. In return, it enhances knowledge, entertainment, and culture enjoyment across the globe.
Works that are originally created and covered by copyrights have some basic rights which can be passed on their heirs. They are holding exclusive rights to use or give consent other people to use their works through an agreement. The original creator can authorize or prohibit:
- Reproduction in different forms including sound recording or printed publication.
- Public performances as in musical works or plays.
- Recordings in different forms including videotapes, cassettes, or compact discs.
- Broadcastings via cable, radio, or satellite.
- Translations to other languages or adaptations. One typical example is a novel used in a screenplay.
Most creative works under copyright require financial investment, communication, and mass distribution upon dissemination using different media. It includes publications, films, and sound recordings. The creators are often selling the rights of their works to companies or individuals who can market their works best to get back what they paid for. These payments are independently made based on the actual work usage, known as royalties.
However, the economic rights entitled to them are limited only to fifty years after the death of the creator as what is stated in the WIPO (World Intellectual Property Organization) treaties. Longer limits on time can be also established by the national law. This will enable the creators as well as their heirs to gain financial benefits over a specified time limit. Moral rights are also included under copyright protection. The creators are given the right in claiming an authorship or opposing the changes made harming their reputation.
Copyright and other related rights are given by individual countries through national legislation. Even international treaties applied some national laws to ensure that a number of rights are granted to the original creators based on nondiscriminatory status. The creators can consult the National Copyright Administration or CLEA (Collection of Laws for Electronic Access) WIPO database.
WIPO, an intergovernmental organization is administering lots of treaties internationally which is associated to intellectual property rights, requests, and government advice. However, it is mandatory for WIPO to give non-governmental organizations or private persons legal advice. It is much better to consult a copyright lawyer for specific matters.
Copyright is not dependent on official procedures. Created works are considered copyright protected upon its existence. It was stated in the Berne Convention about protecting artistic and literary works that without formalities, these works are already protected provided that the country is a part of the said convention.
A system for copyright registration is not provided by the WIPO. But many countries have national copyright offices. National laws are allowing registration for artistic and literary works to serve some purposes. Copyright can distinguish work titles, or become a prima facie proof used in courts to solve copyright disputes.
Registration of a trademark is not required by the government. However, several advantages can be given if a trademark obtained federal registration. It includes evidences of trademark’s ownership, nationwide constructive notice about the owner’s claim, federal courts jurisdiction can be invoked, registration can be a basis to obtain international trademark registration, and registration can be filed with the customs service of the U.S. to prevent infringing of imported goods.
Understanding the distinction between a copyright and trademark is necessary. It really helps.
This site has many well-written articles on Trademarks. Feel free to browse! There are other interesting topics at http://www.MyTechResource.org/sitemap/index.html This content may be used only in its entirety with all links included.
]]>If you are serious about an idea and want to see it turned into a fully fledged invention, it is essential to obtain some form of patent protection, at least to the ‘patent pending’ status. Without that, it is unwise to advertise or promote the idea, as it is easily stolen. More than that, businesses you approach will not take you seriously – as without the patent pending status your idea is just that – an idea.
1. When does an idea become an invention?
Whenever an idea becomes patentable it is referred to as an invention. In practice, this is not always clear-cut and may require external advice.
2. Do I have to discuss my invention idea with anyone ?
Yes, you do. Here are a few reasons why: first, in order to find out whether your idea is patentable or not, whether there is a similar invention anywhere in the world, whether there is sufficient commercial potential in order to warrant the cost of patenting, finally, in order to prepare the patents themselves.
3. How can I safely discuss my ideas without the risk of losing them ?
This is a point where many would-be inventors stop short following up their idea, as it seems terribly complicated and full of dangers, not counting the cost and trouble. There are two ways out: (i) by directly approaching a reputable patent attorney who, by the nature of his office, will keep your invention confidential. However, this is an expensive option. (ii) by approaching professionals dealing with invention promotion. While most reputable promotion companies/ persons will keep your confidence, it is best to insist on a Confidentiality Agreement, a legally binding document, in which the person solemnly promises to keep your confidence in matters relating to your invention which were not known beforehand. This is a reasonably secure and cheap way out and, for financial reasons, it is the only way open to the majority of new inventors.
4. About the Confidentiality Agreement
The Confidentiality Agreement (or Non-Disclosure Agreement) is a legally binding agreement between two parties, where one party is the inventor or a delegate of the inventor, while the other party is a person or entity (such as a business) to whom the confidential information is imparted. Clearly, this form of agreement has only limited use, as it is not suitable for advertising or publicizing the invention, nor is it designed for that purpose. One other point to realize is that the Confidentiality Agreement has no standard form or content, it is often drafted by the parties in question or acquired from other resources, such as the Internet. In a case of a dispute, the courts will honor such an agreement in most countries, provided they find that the wording and content of the agreement is legally acceptable.
5. When is an invention fit for patenting ?
There are two main aspects to this: first, your invention should have the necessary attributes for it to be patentable (e.g.: novelty, inventive step, potential usefulness, etc.), secondly, there should be a definite need for the idea and a probable market for taking up the invention.
6. About patents.
Patents are documents which publicly and fully disclose an invention and, if properly designed, will provide the inventor legal protection against unauthorized use (note: a Confidentiality Agreement is a personal disclosure, while a patent is public disclosure). Patents can be bought and sold, so that the owner of a patent may not be the inventor. Also, it is possible to retain the patent while selling the right to use it. This is the meaning of the phrase : ‘manufactured under license’.
The following are the main patent types:
• Provisional Patent Application
• Final (Utility) Patents
• Design Patents
• Plant Patents
• International Application *
* The so-called International Applications (or PCT applications) are applications for Utility Patents simultaneously in several countries. There are certain savings compared to making separate applications in taking out individual patents for the countries in question, but the result is the same, the applicant ends up with individual patents for each of the countries in question and has to pay the individual patenting and renewal fees. There is no such thing as an International Patent
A few of the above patent types will be briefly discussed:
7. What is a Provisional Patent?
It is a simplified version of a final (or Utility) patent and offers you complete international priority protection for 1 year. After that, you must proceed to the final patent, or you will lose the protection gained from the Provisional. The Provisional Specification is the cheapest form of total legal protection around the world and was designed with starting-out inventors in mind. An important aspect of a provisional patent is, that on lodging it with a patent office it will stay ‘dormant’ and will not be examined until there is a legal challenge, e.g.: someone patents a similar invention and there is doubt which of the two were first. Here is an important point: on examining the two patent documents, it sometimes happens that the earliest applicant loses out due to the poor way his Provisional is written. While it is perfectly legal to write and lodge your own patents in order to save on the cost of preparing it (you would still have to pay a lodgment fee), it is generally a very foolish thing to do, as you will not be sure whether your invention is protected or not. This goes for both Provisional and Final patents. While it is not essential to lodge a provisional specification, as you are entitled to go for the final patent straight away, this is not usually recommended.
The advantages of this type of patent procedure are as follows:
(i) a provisional specification allows you to modify it within the one-year period, without affecting its validity. This is very convenient as it allows one to protect the invention while it is still developing. This is not possible with the final patent.
(ii) the Provisional Patent Application provides priority protection Internationally for one year, this aspect is superior to other types of patenting which only apply for a specific country.
(iii) the provisional patent application allows for a ‘breathing space’ – a full year to look around for a potential backer, someone who may even be prepared to pay for the final patenting.
(iv) There are considerable savings, as the Provisional Patent Application costs 10 to 12 times less than other forms of patenting.
When contemplating this form of patenting, it is advisable to turn to agencies experienced in this type of procedure (for instance http://www.newinvent.com)
8. About the Final Patent (‘Utility Patent’)
This is the final unchangeable form of your invention. Most usually, it will have a formal structure involving such things as background literature, disclosure of invention, claims, embodiments, practical examples for use, detailed figures and drawings, etc. It will protect your invention for 20 years from the date of filing and you will get a formal Patent Document once it has been fully examined and accepted. Usually, it takes from 12 to 18 months to obtain a final patent after application. It is approximately 10 to 12 times as expensive to prepare as a provisional patent and has to be taken out for each country separately, which makes it a very expensive process, as lodgment fees must be paid in each case. It becomes especially expensive if protection is sought. In more then one country. Therefore, a final patent should only be taken out where it is highly warranted, e.g.: when someone wants to develop your invention and would like to buy the patent rights.
9. Following the Patent Procedure
After a patent protection was obtained, whether in the form of a Utility Patent or a Provisional Patent Application, it is advisable to advertise it as widely as possible in order to make it stand out from the large body of currently valid patented inventions (some 50 million at present). The web site “Patent Showcase” as well as other agencies specialize in this and will be able to advise once this matter comes up.
Author: Dr. Stephen G. Szirmai
ivnet@yahoo.com
I have a scientific background having obtained my Ph.D. in Physics in Sydney, also actively engaged in research over decades. I am the author of some 14 ongoing international patents and have acquired an expertise in patent matters by working in conjunction with legal firms on my own and fellow scientists’ patent specifications. I am the principal of Inventors’ Net and have carried out patent searches as well as Provisional Patent Applications and related services through my web site http://www.newinvent.com for the past 7 years.
Inventors’ Net is my Business Name, currently registered with the Department of Fair Trading, Australia, No.: T9526516. I am also a registered business agent with the Australian Patent Office IPA (Intellectual Properties Australia). The number is: CCN7210002897.
Source: CheapHealthArticles.com
]]>How To Copyright And Patent Your Software
by: Richard Cunningham
If you’re wondering how to copyright software, the good news is you’ve probably already done it. At least you have if you have ever written software. Most people get confused over exactly what having a copyright for their software means. Only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how to copyright software if you’ve put it into a finished form. Once you’ve written the source code, the copyright belongs to you.
Copyrighting software doesn’t offer the protection that many people hope it will. The idea of software and anything about the finished product that wasn’t available in a tangible (visible) form isn’t protected by copyright. In fact, the only thing undeniably protected by software copyright is the source code. The question you should ask yourself is not how to copyright software, but how to patent your software.
What Is A Software Patent?
A “software patent” has no universal understanding. In general, owning a patent allows a company certain rights (or exclusivity) for a prescribed amount of time. Individuals or corporations seeking a patent must apply for a patent in each country in which they wish to have one. Unlike copyrights, patents are not automatically granted to applicants and can take a while to be approved.
The growth of Internet business and e-commerce has led to many patent applications for software, particularly software designed for specific business applications. While the cases are granted and successfully tried and defended in some countries, other countries offer no enforcement or legal recourse for those who do not honor the software patent, even if the patents were granted in those countries. The fine line between nations about what is and isn’t patentable is another challenge to establish and honor patents.
Patents differ greatly from copyrights, which are issued automatically and recognized and enforced internationally. Copyrights protect the source code of software from being copied and registration is generally not required to protect your work.
Lately there is a new term, “Copyleft,” which is an obvious play on words and represents the rights to not only redistribute the copyrighted works, but also to modify and freely distribute those modifications. This term is very much in the spirit of many open source types of software and music. The catch for copyleft protection is that the newly created work be distributed in the same manner and spirit in which it was received. In other words if you were freely given the software, then you must freely provide the improvements and modifications you made to that software.
One unfortunate circumstance surrounding patents is the unequal and obvious disparity between the haves and the have not’s. Patent enforcement for software, unlike literature and music, is largely subjective. In literature and music, it is obvious that the copyright has been abused or that the work has been copied; this isn’t as simple with software.
How to Obtain a Patent
To obtain a patent for your software, you must apply for a patent in each country that offers patents for software and in which you wish to have the protection a patent can offer. There is no universal legal definition of what a software patent is. Each country that offers patents also has a different definition for what is protected by that patent, as well as for why a patent will be granted. Also consider the fact your software may be given a patent in one country where you applied and none of the others.
If you are applying for international patents (which can secure a profitable future for you and your business), you need to find a good patent lawyer and have him walk you through the entire process. Patents are complicated. When you’re not exactly sure of what you’re doing, whom you need to talk to, and what the next step is, you stand to waste a lot of time while taking a bigger risk. It is much easier to deal with how to copyright software on your own than it is to work out the complicated world of software patents.
If this is your first time designing your own software, you have every right to be nervous. Remember: lawyers went to school much longer than you to know what to do in this situation, so you should not be expected to know how to copyright or patent software when you’ve never done it before.
About The Author
Richard Cunningham is a freelance journalist who covers copyright law for http://www.ResearchCopyright.com. Download his free e-book, “Copyright Basics” at http://ResearchCopyright.com. Source: ArticleCity.com
by johnsonlawgroup
A design patent is generally reserved for what can be considered an enhancement on an existing material, product, or device that drastically improves or changes the item for useful purposes. Obtaining a patent for design features through the U.S. Patent Office is typically done via a patent lawyer and must meet a strict standard of criteria before a design patent will be considered.
The U.S. Patent Office handles a large amount of design patent applications, as it is usually easier to come up with a novel, realistically usable, and functional design. Applying for a design patent through the U.S. Patent Office is much easier than applying for a utility patent.
This is based on the ease of paperwork associated with a design patent versus a utility patent. However, it is still recommended that a patent lawyer is used in order to be assured that the required paperwork and patent infringement issues are well handled before the application is submitted to the U.S. Patent Office.
The U.S. Patent Office is more likely to review your patent application if it has been filed on your behalf by a patent lawyer. Patent lawyers are preferred to patent agent by the U.S. Patent Office in regards to patent applications for all types of patents. While it is not absolutely necessary to use a patent lawyer for the filing of a patent application, it is typically the preference of the U.S. Patent Office, as the issues related to patent infringement are determined to be specifically covered when dealing with a patent lawyer.
Patent lawyers have seen an influx of design patent applications concerning computer programming designs and internet enhancements. They have also seen a higher incidence of patent infringement as they relate to these designs. When hiring a patent lawyer, request having a patent search performed in order to adequately avoid issues of patent infringement.
Having done this, you are much less likely to encounter any patent infringement of your own doing and then will be more certain that your design patent application is more likely to be granted. Considering the costs associated with obtaining a design patent, it is highly recommended that your patent lawyer is capable of performing adequate research and being cautious of patent infringement issues.
Patent infringement as it applies to design patents can be frustrating, especially in the computer and technology patent applications. This is because most inventors are determined to earn their bread and butter by creating a new “must have” design feature that will either enhance the internet or create a program that will make computer use easier.
With too many intellectuals brewing up ideas, too many similar or nearly identical ideas are passing in front of the U.S. Patent Office’s review committees. Once again, hiring a competent patent lawyer can help avoid this mess as well as save time and money in the process. A patent lawyer is likely to be able to identify trouble spots before your application is sent to the U.S Patent Office and then the idea can either be reworked, or abandoned entirely while another good idea is thought up.
As disappointing as it may be to hear that there is already a patent pending when you were sure that you had a great idea, it is better to be informed by your patent lawyer before high fees have been paid than it is to find out 18 months later that a patent was already issued for the same idea.
If you went ahead and began marketing your patent pending enhancement, you are now in violation of patent infringement laws and may have fines and court costs which could very well find you in the next several months. Precautions are always taken by the U.S. Patent Office to avoid this scenario, but the possibility exists.
Once you have been granted a design patent, or have been notified of your patent pending number, you can then begin the marketing process in order to reap the rewards of your well laid enhancement or invention without significant fear of being in violation of patent infringement laws. This is what you have worked diligently for, so naturally, you will want to celebrate your success when your patent approval finally arrives.
Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at http://www.toppatentinfringementattorneys.com or http://www.toppatentinfringementlawyers.com or call 1-888-311-5522
Article Source: Populate.NET Article Directory
]]>by johnsonlawgroup
Patenting a plant is a fairly rare occurrence. The U.S. Patent Office issues between 3 and 5% of new patents annually for plants. Defining a new species of plant and applying for a plant patent can bring the herbal creator quite a bit of money, especially if the plant has any health properties worth marketing.
Patent infringement as it relates to plant patents is not uncommon, as those who are aware of the value of a plant patent are also aware of the value of seeking out alternative methods of discovering new plants.
The U.S. Patent Office generally prefers that plant patent applicants utilize a patent lawyer when trying to determine whether or not they have created or discovered a new plant variety or species.
It is very uncommon for a plant patent to be issued for a species, although new varieties are created all the time. Many of the creators are unaware that they can even apply for a plant patent, which is why obtaining a patent lawyer prior to applying to the U.S. Patent Office is a vital step.
The U.S. Patent Office estimates that only 60% of new plant varieties ever make it in front of their review board as a patent applicant. Patent lawyers have attempted to get the word out that there is something known as a plant patent.
Because not everyone who creates a new plant realizes that plants can be patented, patent infringement pertaining to plants is not all that uncommon. Of course, this begs the question, why would anyone create a plant if they are unaware that they can retain a patent lawyer and apply to the U.S. Patent Office for a plant patent?
A fairly large percentage of plants are created by amateur plant lovers and not by professional horticulturist. A large percentage of amateur plant lovers are not working for a company that is devoted to plant research nor do they intend to do anything with their new plant, other than try to make it grow again.
Patent infringement as it applies to plants can get quite tricky when the notion of plant patents is not well known. Either way, the best course of action for anyone who has intentionally, unintentionally, professionally or otherwise, created a new plant is to seek out the advice of a patent lawyer and apply for a patent for the new plant via the U.S. Patent Office.
Patent infringement as it applies to plants is an equally serious offense as a patent infringement for other patents. Patent infringement is a violation of an inventor’s right to capitalize on their invention and their intellectual prowess. A patent lawyer can help protect a patent applicant’s right to protect their financial interests.
Hiring a patent lawyer is fairly simple process provided that the applicant does a little due diligence. A patent lawyer with experience is a much better choice than a patent lawyer without experience, obviously. The patent infringement lawyer’s court room experience is also valuable, whether or not it is ever actually required of him or her.
A plant patent is not nearly as difficult to obtain as creating the new plant, however, patent infringement precautions should still be exercised in the event that an incident of patent infringement occurs. This extra step of protection, hiring a patent lawyer, is there to ensure that you are well advised in the event of a violation of a plant patent infringement.
Once the U.S. Patent Office has determined that permitting you a plant patent won’t incite a patent infringement violation, you are then free to market your new plant in whatever avenue you see fit, whether it is a medicinal herbal remedy or a new variety of plant for the back yard, the profit is now yours.
A patent lawyer can explain the maintenance fees associated with receiving a patent, how long it takes before you can expect your patent to be granted, and how to go about protecting your patent rights. Patent infringement issues can then be handled quickly, and often without a great expense as any indication of patent infringement can be immediately delved into by your patent lawyer.
Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at http://www.toppatentinfringementattorneys.com or http://www.toppatentinfringementlawyers.com or call 1-888-311-5522
Article Source: Populate.NET Article Directory
]]>by webproseo
Like electronic identity theft, computer viruses, and the spread of other computer crimes, software piracy is on the rise. The problem with software piracy is that software costs make this illegal activity appealing to the end user. After all, who is it going to hurt? Rich software companies? This article investigates software piracy as a whole and the impact that it has on the computer using industry.
The most vulnerable victims of software piracy are software businesses or independent programmers who create and distribute commercial software or shareware. We described shareware in another article, but because both commercial software and shareware require payment, they’re the target of pirates who seek to make these kinds of programs free to use.
Depending on their binding legal agreements, licensing typically allows the use of a single program on a single computer. This set up is usually fine for a user who uses software at home on one computer. But in an environment where there are five, ten, twenty or more computers, buying a license for each computer can be down-right costly. So costly that the temptation to pirate a little software here and there can be pretty tempting.
Co-workers are familiar with this temptation and they’re often the ones who “share” purchased software among those who need it. However the same temptation also prompts others to knowingly or unknowingly buy bootleg copies of commercial software or registered shareware.
As tempting as it is, it’s still illegal and the punishments/fines for sharing commercial or registered software is too much for one to bear. In recent news, “Yahoo China loses music piracy case (AP via Yahoo! News) A court has ordered Yahoo Inc.’s China subsidiary to pay $27,000 for aiding music piracy, the company and a music industry group said Tuesday.”1 Additionally, “EU lawmakers approve prison terms, fines for major commercial piracy (International Herald Tribune) EU lawmakers voted Wednesday for legislation that would set prison sentences and fines for large-scale commercial piracy, but exempt patents and copying carried out for personal use.”
Up until recently, public opinion held little faith in freeware or open source software – often regarding it as low-quality knock-off’s of better known commercial products. But if you take a good look at what’s being offered at no cost, you may be in for a big surprise. The quality of today’s freeware and open source software created a strong rift among the commercial community and it’s literally driving the competition bananas! So much so, that even some well known software development corporations have joined the cause and built a few freeware open source products of their own!
If you can remember that there are hoards of alternatives to costly commercial software (and you make the effort to get it), you’ll discover that you can keep up with the rest of the computer industry at a significantly cheaper cost than if you attempted to pay your way down the software aisle. Software piracy just isn’t the answer.
Joseph Jordan. Professional Internet Marketer. www.DownloadsCenter.ws is the Internet largest digital Database, where thousands of, E-books, Software, Scripts are download every day, 100% Safe and Secure!
Article Source: Populate.NET Article Directory
]]>by johnsonlawgroup
Understanding patent infringement also means understanding intellectual property. Obviously, the material inside my head, my thoughts, my feelings, and the brain activity that makes me who I am is mine.
However that is not all considered intellectual property.
Attorneys are constantly setting new precedent when it comes to patent infringement law dealing with intellectual property, as intellectual property is the material which comes from the stuff inside my head. Intellectual property covers everything from the creation of written material to software to recorded media. Lawyers from around the world have yet to come up with exactly what encompasses intellectual property and what doesn’t. No national or international agreement exists as of yet.
Attorneys have been able to agree on a case by case basis when patent infringement of intellectual property has occurred. It is basically the theft or copying of another’s idea, material, compound, or product and claiming it as your own. Marketing of material that is the product of patent infringement is very illegal, and is prosecutable, typically leading to high end awards for claimants. It may very well be a complicated sector of law, but patent infringement attorneys certainly know it when they see it.
There is a difference between copyrighted material and intellectual material, and these law does not necessarily apply the same way as copyrighted law, however they are also very similar. As an attorney explains, copyrighted material can be copyrighted by the author or producer in any stage at any time simply by placing the copyrighted symbol on the page along with the necessary information. It may be cataloged with the copyright office, but it is not required to be.
On the other hand, nobody can be guilty of patent infringement if there is no registered patent. A registered patent is necessary for it to occur. Patent infringement is determined by numerous other factors as well, not solely on whether or not there was a patent.
In the quest for a patent, a company or individual typically retains an attorney to validate that there is not already in existence a pending patent of the same caliber. This is referred to as a clearance search. After the clearance search is complete, the patent infringement lawyer then offers his legal opinion to the status of the invention and then to the likelihood of the product being a threat of patent infringement. After these steps are completed, the inventor then files a patent application. Only after the patent application has been published can there be any threat of it.
Unintentional patent infringement is still prosecutable. However, only if willful patent infringement is determined can the jury then award the claimant up to three times the actual damages plus legal fees. Involuntary patent infringement does not allow for such high damages, however, damages for losses, estimated losses, or potential losses are a possibility along with the right to demand removal of the product from commercial venues.
Because it comes with such heavy consequences, it is typically agreed upon that attorneys are hired by the company at the onset of any new project. Attorneys are able to provide the valuable insight into latent law that can help a company determine whether or not to proceed with a particular project.
In the event that the attorney ill advised the inventor, the insurance then protects the inventor and his company from financial devastation. Although patent infringement attorneys are well versed in law and the practices of avoiding a patent infringement lawsuit, they are still human beings and it is possible for an attorney to make an error.
Being able to invent something new and to improve the world in one form or another is really an amazing gift. Of course, everyone wants their just desserts when they produce something that no one else has thought of. Laws are there to help protect free enterprise and to encourage the continuation of developments and inventions. Intellectual property is one of the highest assets we as human being are blessed with, and it is always positive when it is applied in good turn.
Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at: http://www.toppatentinfringementlawyers.com or call 1-888-311-5522
Article Source: Populate.NET Article Directory
]]>by ndnproductions
We have all had them, those great inspirational ideas that wake us up in the middle of the night wanting to come alive and make us money. Many of these ideas even look good later in the light of day. Unfortunately, all too often as the days and weeks move on, the idea becomes lost in the daily grind. What could have been a profitable thought is all too soon forgotten because it wasn’t acted upon. Do not let that happen to you again!
Ideas that come to us in the night as we sleep are frequently some of the best because they have been conjured up by our subconscious mind while our conscious mind takes a rest. These are the creative ideas that have been rolling around in your head waiting to be discovered when you slow down. The difference between success and failure is simply acting on the ideas you believe to be the most relevant in the current climate and that offer potential reward.
Here are three steps to follow to make the most of your idea.
1. Protect it.
Protection for your idea will generally fall under one of four categories: patents, trade secrets, trademarks and copyrights.
Some of the protection for your idea can be accomplished easily by yourself such as copyrighting an article, like this one. A copyright does not protect the idea, but it does protect the manner in which the idea is expressed. These expressions may be in the form of writing, music, art, computer programs, photographs and other tangible forms of artistic expression.
Trademark law protects your right to exclusively use a name, logo or slogan that identifies and distinguishes the origin of your idea. This concept extends to the “trade dress” of the idea, which means its appearance, and how the idea you have, ultimately becomes packaged or configured.
Trade secrets are the information used in the implementation of your idea, which gives you an advantage over your competition. The key to this protection is that you must treat the information with secrecy. If you make a public disclosure of the information, then others will be free to use it.
Patents are the intellectual property right that protects inventions. For all practical purposes, and outside the field of botany, patents fall into two basic categories. On the most basic level, design patents protect how the invention looks and utility patents protect how the invention works. Patents are the most complicated protective device to secure, but they offer strong protection once you are awarded them.
2. Market Your Idea.
Great ideas are plentiful, but getting the idea to market and making money with it is what separates the casual inventor from the profitable entrepreneur.
Marketing your idea takes two basic roads. You can do it yourself or you can license someone else to do it for you. Which road you should take depends on your own skill set and the amount of money required to get the product to market. If you have neither the skill set to market nor the money to do it, then you should consider licensing your idea or product to someone who does.
A license is the grant of rights for your idea/invention to someone who is willing to spend the time and money to market it for you. As you might imagine, there are big companies that license products and there are entrepreneurs who make their living licensing ideas of others. This classic paring of two different skill sets (creating and marketing) has resulted in many successful projects. In some cases, the inventor takes a royalty for his ideas and does nothing but collect checks in the future. In other situations, the inventor remains involved in the projects. The combinations of how to structure license agreements are seemingly endless, and the answer as to which is best for you is determined by what you and the person who gets your license (licensee) are able to agree to.
A well-structured license agreement can be extremely profitable for both licensor and licensee and is big business today in everything from character licensing to sports licensing of naming rights and apparel. Licensing is a terrific way to make passive income for the rest of your life and offers true rewards for the creative person with a great idea.
3. Enforce Your Rights.
While enforcing your rights is not as exciting as the thought of creating or marketing a hot idea, do not forget that you will have to be vigilant and enforce your rights to keep them.
JW Dicks & Nick Nanton, founders of TheBusinessGrowthLawyers.com, publish the Business Growth ezine monthly covering topics that every business, start-up to international powerhouse, needs to know. Take your business to the next level and get more FREE info now at http://www.TheBusinessGrowthLawyers.com.
Article Source: Populate.NET Article Directory
]]>by deets101
Creating a new product, a new machine or launching a business with its own distinct lines is a crapshoot. It’s hard to tell what ideas will take off and sell and which ones won’t. But the odds in an inventor or businessperson’s favor can be greatly reduced if their products and/or ideas aren’t protected. This is where the U.S. Patent and Trademark Office can make a real difference.
The U.S. Patent and Trademark Office specializes in helping inventors, scientists and businesspeople ensure their ideas cannot be stolen. Since this office generally deals with “intellectual property,” or ideas or plans, it’s easy to see how these things can be copied or stolen by someone else. If a patent or trademark is in place, however, the owner of the patent or trademark has legal recourse if their idea is taken and run with by another.
There are a number of reasons why someone would want to seek out this office for protection of their ideas. They do not include, however, copyrights. These are protections for written materials such as novels, poems, books, essays and more. Another government office handles this kind of protection.
Those seeking out the patent and trademark office do so for a number of reasons. Some of them and the ideas they seek to protect include:
* Machines. From lawn mowers to automobiles, patents are often necessary here to protect a designer from theft.
* Products. Have an idea for a new toy? A device to make opening jars easier. A better mousetrap? These items are subject to theft in the intellectual realm if they’re not protected.
* Drawings and processes. Have a mapped out way to create a new machine or product or way of doing something? If you haven’t had the capital to test it, but have the drawings ready, they can still sometimes be protected.
* Plants. Have you discovered a way to create a new flower? Your idea may be one that can be protected.
* A brand name or company name. Want to make sure no one can use your name without your permission? If so, a trademark is a good idea. This is different from a patent, but it provides similar protections.
For those who don’t want to navigate the governmental system to get a patent or trademark, there are lawyers who specialize in dealing with this U.S. office. They can make the entire process go much more smoothly.
Whether you choose to get a lawyer or handle the process yourself, getting a patent or trademark is a very good idea. It protects you and your ideas from theft and protects your investment in your future. While there’s no guarantee your idea will make a million, considering the products that have (smiley faces, pet rocks, silly putty) it’s anyone’s guess. Protection is key and the U.S. Patent and Trademark Office can help.
Jessica Deets writes information to help people. Do you have an idea for an invention and need to get it protected. Find more information about patents at http://www.patentmatching.com
Article Source: Populate.NET Article Directory
]]>by johnsonlawgroup
It typically requires a patent attorney to define all the nuances between trade secrets, patents, and trademarks, however a few basics don’t require a patent attorney for a generic understanding.
Patent infringement is considered an infringement on a product, or a product enhancement that is patented to an existing inventor or company. For a period nearing twenty years, an inventor or company can hold exclusive rights to a patent, and anyone who markets or presents a product that can only reasonably used for the same purpose is guilty of patent infringement.
A trade secret is typically regarded as a company secret that makes the product different from any other, often this refers to an ingredient such as what makes Corn Pops taste like Corn Pops instead of Corn Crunchies.
A patent attorney may be called in to draw up contracts with employees to keep trade secrets safe, as well as prosecute any trade secret infringements once an employee has left a company. It is illegal for an employee or anyone else privy to trade secrets to open up their own company using the trade secrets they learned while working for another company.
A trademark is typically an emblem, logo design, or other distinguishable characteristic that is easily recognizable as a company’s trademark. A trademark can be the way a name is or brand id displayed, like Coca Cola’s emblem placed up the can or across the bottle.
Trade secrets, trademarks, and patents can all be subject to patent infringement laws, and while these laws are typically complicated enough to require a patent attorney to interpret them, the basis of these laws simply means that nobody is permitted to copy these things without permission.
When trade secrets or trademarks are copied, a patent attorney is usually contacted to assist the defrauded company in determining and prosecuting the offender, as the selling or theft of trade secrets or the copying of trademarks can sufficiently hurt the established company’s business.
Many companies rely on their trade secrets and trademarks to establish something special in the marketplace, and being defrauded means that the consumer is now likely to interpret the trademark or purchase the other brand, believing it is the same product.
When this is not true, the consumer may lose confidence in the defrauded company when the product is not the same as expected. The defrauded company has no way of explaining to the consumer that this product was not theirs without retaining a patent attorney to file a patent infringement lawsuit based on either the theft or sale of trade secrets, or the copying of a trademark.
Once a patent attorney is able to bring the case to court and expose the damage done, the consumer by then has already found either another product or may be leery of wasting money on a product that turns out to be less or even just different than what they expected.
A patent attorney can often be brought on board a project in order to help prevent the infringement of trade secrets and trademarks, and of course patents. This is routinely done in the development stage in order to prevent the company from wasting money and energy on a product or product enhancement that is already covered and protected under patent infringement laws, which includes trade secrets and trademarks.
Patent infringement covers all aspects of business practices that include things such as trademarks and trade secrets. Patent attorneys are able to keep up on the changing laws, which is often invaluable in the development of a new product.
Naturally, patent infringement is taken very seriously in business law, and the penalties for either a patent infringement, trade secret violation, or a trademark infringement are quite severe. This is just one motivating factor in seeking assistance from a patent attorney before marketing a new product or product enhancement.
In today’s business world, an ounce of prevention is worth about 2.3 million dollars worth of cure. The vast majority of companies simply skip the guess work and retain a patent attorney from the start, and by doing so, thwart their chances of accidentally being guilty of patent infringement, trademark violations, or trade secret violations.
Nick Johnson represents individuals or companies with cases involving patent infringement. Find more information at http://www.toppatentinfringementattorneys.com or http://www.toppatentinfringementlawyers.com . Call 1-888-311-5522 to receive a free case evaluation.
Article Source: Populate.NET Article Directory
]]>by wanderson12
A Power of Attorney is a legal document that authorizes one person to act on behalf of another in the legal or business dealings of the person authorizing the other. This type of document has a lot of relevance when, for example, somebody needs to execute some business or legal matter but is unable to do so for whatever reason. In the absence of the person, another person may be authorized to execute the matter through use of a Power of Attorney, which in common law systems or in civil law systems, authorizes another person to act on behalf of the person so authorizing the other.
The person authorizing is known as the ?Principal? and the person authorized is called the ?Agent?. The Agent may, on behalf of the Principal, do such lawful acts such as signing the principal?s name on documents.
An Agent is a fiduciary for the Principal and, as this is an important relationship between Principal and Agent, the law requires that the Agent be a person of impeccable integrity who shall always act honestly and in the best interests of the Principal. In case a contract exists between the Agent and the Principal for remuneration or other form of monetary payment being made to the Agent, such contract may be separate and in writing to that effect.
However, the power of attorney may also be verbal, though many an institution, bank, hospital as well as the Internal Revenue Service of the USA requires a written power of attorney to be submitted by the Agent before it is honored.
The ?Equal Dignity Rule? is the principle of law that has the same requirements of the Agent as it does to the Principal. Suppose that the Agent has a power of attorney that authorizes him or her to sign the sales deed of the Principal?s house and that such sales deed should be notarized by law. The power of attorney does not absolve the Agent from the necessity of having the sales deed notarized. His or her signature to the sales deed must also be notarized.
There are two types of powers of attorney. One is the ?special power of attorney? and the other, ?limited power of attorney.? The power of attorney may be specific to some special instance or it may be general and encompasses whatever the court specifies to be its scope. The document will lapse when the grantor (Principal) dies. In case the Principal should become incapacitated due to some physical or mental illness, his power of attorney will be revoked, under the common law.
In some of the States in the USA, there is a ?springing Power of Attorney? which kicks in only in case the grantor (Principal) becomes incapacitated or some future act or circumstance occurs. Unless the agreement has been made irrevocable, the agreement may be revoked by the Principal by informing the Agent that he is revoking the power of attorney.
Making use of standardized power of attorney forms helps in framing a legally sound and mutually beneficial relationship for Principal and Agent. With the ease of use and ready availability of such forms, it is highly recommended that they be utilized when thinking of granting a Power of Attorney to someone. However, care should be taken not to let unscrupulous persons defraud innocent persons such as the elderly through ill-conceived agreements.
Wade Anderson is a CPA and operates DigitalWorkTools.com Legal Forms and Business Documents. Click to view a
Power Of Attorney
Article Source: Populate.NET Article Directory
]]>by styleandfashion
Divorce is undeniably a difficult decision to face and live with, yet after the storm is done and over with, the sun will come out to signify a new beginning. Dating after a divorce can be a tricky matter since the rules of dating have significantly changed but this must not keep you from dating because you deserve to be happy. There are just some pointers you have to keep in mind before you start dating again so that you will get the most out of the experience.
One important pointer to remember is that you have to heal completely before dating again. Healing completely means getting over the situation without strings attached because you do not want to ruin a date when you recognize a behavior similar to that of your ex’s.
You also have to think of your children, if any, before you involve them in the whole dating process. Divorce often has a damaging effect to the children which makes them sensitive around new relationships so before bringing them into the picture with a new loved one, you have to make sure that she/he is someone that you will spend a lot of time with. Getting children involved with different personalities will leave them confused and harbor resentment towards you as a parent.
You should proceed with caution when you are starting a new relationship after a divorce, you will need to be cautious since you are still vulnerable after a heartache. But nevertheless, you still have to go out, meet new people and accept him/her for who he/she is. Unrealistic expectations about a person should be avoided because it will lead to a misleading concept of a relationship.
Learning to be happy is a vital part in the process of moving on after a divorce. In dating, it is translated to having fun while doing so. Self-confidence issues can often strike a divorce and make one’s self-esteem plunge. To become effective in dating after a divorce, you must realize that you still have worth and people will still want to date you despite the situation.
Rushing the relationship should be the last thing in your mind because nothing good can be attributed to this. It can even lead to a disastrous situation if both of you are not on the same page just yet. Getting to know the other person slowly as a friend first will enable you to know exactly what he/she wants and attune yourself to it, which simultaneously buys you the time to assess if the person is right for you or not.
Lastly, you have to know what you want before entering the dating scene again. You will be able to evaluate your wants, desires, needs by asking yourself personal questions and answering them as honestly as possible. Think of it as part of the healing process and a way to get to know yourself better.
Dating after a divorce should not put a pressure on you. Just pace yourself so that when you are ready to date again, it will not be so difficult on you to make the necessary adjustments.
To learn more about fitness singles please visit fitness dating.Article Source: Populate.NET Article Directory
]]>by TRM48
Mesothelioma is a type of cancer that attacks the lining of the lungs and is caused from exposure to asbestos. The symptoms (shortness of breath, severe cough, and chest pain) may not appear for 20 or more years which mean it is usually in the later stages of development. Exposure could have been by accident or because of negligence by companies that use asbestos. Most people diagnosed with mesothalioma received exposure in an occupational setting such as asbestos mines, processing plants, manufacturing plants where asbestos products are produced and jobs where asbestos was used such as shipyards, chemical and power plants and oil refineries. The U.S. Navy used hundreds of asbestos-contaminated products in its vessels through the 1970’s, which exposed thousands of US veterans to hazardous asbestos conditions.
Mesothelioma attorneys need special training and experience when seeking compensation for clients. Beware of attorneys who promise you a specific amount of compensation during your first conversation. Make sure you use a lawyer that has experience with this specific condition and is willing to work on a “no win – no fee” basis and collect their fee only after the case is resolved. These fees may be almost half of the settlement amount. Awarded damages can be thousands or millions of dollars depending on the individual patient case and the knowledge and skill of your attorney.
]]>In Texas there are a few different forms for each situation your in. There’s one for if you need to correct a birth certificate or death certificate, there’s one for specifically court ordering a name change, and there is just a general name change form for you or your child. If you making a correction to a document, your going to need supporting evidence to prove that. In Texas they charge fifteen dollars for a correction to your birth/death certificate, then another twenty-two dollars for a new copy once it is corrected. This is all done through the Department of State Health Services.
As of 1/06/08 the address for the Department of State Health Services is:
Texas Vital Statistics
Department of State Health Services
P.O. Box 12040
Austin, TX 78711-2040
If you’re changing your last name or your child’s last name on a birth certificate to the last name of the biological father that will be much easier. You don’t need a certified copy of a court-ordered name change if you go that route. If your changing your name to something other than the last name of the biological father then you will need to file a legal name change amendment with has an additional fee of twenty-two dollars and includes a new copy of the birth certificate.
To change the name on a death certificate you will need a VS271 Application for Disinterment Permit, which needs to be signed by a licensed funeral director. You will also need to get a VS271.1 Three Part Consent Form, which will need to be signed by the sexton of the cemetery where the body is currently interred, the plot owner, and the next of kin of the deceased being moved. The permit will cost you twenty-five dollars.
This article has been brought to you by the good people at Legal Forms Bank .Biz where you can download up-to-date, do-it-yourself, state specific legal forms online. They also have Texas name change forms and other forms like prenuptial agreements.
Article Source: http://nicholasf.wordpress.com
by aimbright
We’ve all been there …
You look and look for the best car you can find, and when the moment seems right, you buy it. You drive it home and you invite your friends over to see it. You feel proud of it, and you begin to love it. You never expect anything to go wrong with it.
If you think your car is a lemon, then you probably feel like you’re always in the repair shop for the same repair over and over again. Sure the repair is covered under the vehicle warranty or extended warranty, but it’s always in the shop!
If it seems your car is in the repair shop time and time again for the same repair, you may be the lucky owner of a lemon. Fortunately, your state has recourse for you, so get started protecting yourself right away.
When it’s time to purchase a car, you can often save hundreds of dollars or more by purchasing a used car. However, you’ll want to be careful when buying used vehicles, to avoid buying a “lemon.”
A little caution and taking some steps to reduce your chances of buying a car that you’ll require help from the lemon law is worth the extra time and effort. The lemon law provides consumers with a way to receive a refund or replacement vehicle if the car purchased turns out to be a “lemon.” While lemon law statutes vary from state to state, a breach of warranty on your car may constitute a violation of your state’s lemon law.
You do have recourse with the lemon law. You don?t have to keep your lemon. However, don’t underestimate the importance of keeping a lemon paper trail!
You will need documentation to back up your claim. Detailed records help you fight your lemon claim. If you think you have a lemon, you must keep extremely detailed maintenance records so that you have a fighting chance of getting your money back or obtaining a replacement vehicle.
If you think you have been scammed and bought a lemon, you will need to consult an attorney who will be able to advise you on your rights according to your state’s laws. Your state may have provisions in place to help you or you make need to initiate legal action. Either way, an attorney can save you time and frustration. About the Author: Karen Kirby has 25 years in the computer industry and MS Computer Science. See lemon law http://lemon-law.eworldrewards.com/what-is-the-lemon-law.htm Internet Guide to Traffic http://www.aimbright.com/ebook/ Article Source: Populate.NET Article Directory
]]>by Imawriter
Every state in the U.S. has a version of the lemon law. This law and qualification requirements are not exactly the same from from state to state, but the basic rights under the law provide you with basically the same level of protection. That is, if you purchase a car that turns out to be a “lemon,” you are entitled for a refund or replacement vehicle. But you have to know your states law to claim your lemon.
Your state probably also has some type of law that requires car manufacturers to honor car warranties under certain conditions. These laws also vary from state to state. It is up to you as the consumer to do some research to determine the laws and statutes in your particular state.
For example, the Texas law is available to consumers who buy or lease new vehicles in Texas. This law obligates manufactures to repair, replace, or refund the price of motor vehicles that prove to be defective time and time again. While the lemon law covers many different defects of a vehicle, you have to know the letter of the law to get your vehicle declared a lemon.
In California, the Song-Beverly Consumer Warranty Act, or “lemon law” as it is more commonly called, benefits consumers greatly. The California law provides protection when purchasing new and used vehicles, making California consumers the most protected car buyers in the country. Offenders must offer a refund or replacement car for purchases that turn out to be “lemons” under the California law.
So if you live in California you are pretty lucky if you need to use the lemon law. However, your state may have laws that are almost as good. You should go to Google and search for “lemon law” plus your state’s name to find out exactly what your state’s laws are.
Winning a lemon law battle can be time consuming. However, this law is there to protect you, and it’s becoming easier to win your case.
First of all you should get your state’s information on lemon laws, consider all of your options, call the lemon law 800 number, and put your trust in the men and women who know what to do to get you a fair settlement. They will answer all of your questions, for example, “Who pays lemon law court fees?” Every state has lemon laws that are a little different, but by all means put your faith in the system.
Using the power of your state’s law system, you will find all the answers you need. They will do the work for you and charge you little for the work. In the end, if they win the case, the person who sold you the lemon will pay your court fees anyway!
Lemon law provisions, like those of the California, often allow for a specific arbitration process that saves you time and money over expensive court hearings. Under the California law, there is an arbitration process that the Better Business Bureau uses that helps consumers with lemon cars.
Check into the exact lemon law requirements of your state, and before going immediately to court, it may be in your best interest to use an arbitrator.
Just be sure to get started right away by making the right contacts and keeping documentation. About the Author: Karen Kirby has 25 years in the computer industry and MS Computer Science. See lemon law http://lemon-law.eworldrewards.com/lemon-laws-for-your-state.htm Internet Guide to Traffic http://www.aimbright.com/ebook/ Article Source: Populate.NET Article Directory
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Do you have a car, truck, SUV, boat, computer, or any other consumer product that has had to be repaired multiple times? If you do, you might just have yourself a “lemon”. Even if you bought a used car from a dealer, it shouldn’t have to be repeatedly repaired and the lemon laws are there to protect you.
Lemon laws were started with just automobiles in mind and then expanded to include all sorts of other electronic consumer products. If you have had trouble with your purchase on multiple occasions, don’t let your mechanic or manufacturer try to talk you out of what may be your legal rights. The lemon laws are there to protect you when you need them and all you have to do is understand them. You do have recourse even though you might think that you don’t.
These laws give consumers the right to a refund or a replacement if their item cannot be satisfactorily repaired under warranty. In order to qualify for protection under a lemon law, you must have a defective consumer product that has not been able to be fixed within a reasonable amount of repair attempts. The defect cannot be a minor one that does not affect the performance of the product. It must be a major defect that prevents the item from working properly.
Lemon laws are slightly different in all fifty states so it’s important to learn the laws in your state. This way you will find out what your rights are and what kind of retribution you are entitled to. If you stand up for your rights you will not only be protecting your purchase but you will also be helping out other customers who might have bought lemons from the same dealer. The lemon laws are there to protect you and to discourage the dealers from selling things that don’t work. Businesses who sell lemons to consumers need to be punished, and the lemon laws are there so that they will stop doing business in that fashion. The lemon laws are there to protect you, so use them!
About the Author:Imawriter Do you think you might have been sold a lemon? Please visit Lemon Laws to find out more about your rights and what you can do. You can find out what your rights are at my Lemon Laws Guide. Article Source: Populate.NET Article Directory
by aimbright
So you’ve bought a new car, fresh off the line. You’re surprised when something goes wrong, but you have a car warranty and just take it to the dealer for repairs.
However, the problem occurs again, and again, and again. You realize it’s time to research your local lemon laws.
First of all, lemon laws can light a fire under your service department. So don’t be afraid to push your service department into action. Get information regarding your state’s lemon law, and get your money back or have the problem fixed correctly.
If you paid for an extended warranty, don’t be afraid to get your money’s worth.
However, if your car actually qualifies as a lemon under your state’s lemon law, generally you receive a replacement automobile or monetary compensation.
But how can you tell if your car qualifies?
If you think you have a lemon, a simple consultation with an attorney who specializes in the lemon law can help you determine if the problem is your mechanic or your car.
The lemon law isn’t meant to be challenging. It’s there to protect you, not the dealership. By all means, don’t shy away from using the lemon law because it confuses you. It is there to help protect your vehicle when regular car warranties are of no use.
As long as you have documented all of your attempts, you?ll be in good shape!
Both the lemon law and an extended warranty can benefit you when you have purchased a new or used vehicle that appears to have defects that cannot be remedied by repeated repairs.
If you chose not to purchase the warranty, know your rights under the lemon law, and immediately contact a lemon law attorney if you feel your rights have been violated.
And if your car is determined to be a lemon, can you legally sell your lemon? Though it may not always be easy to sell your car following a lemon law battle, do not despair. As long as you disclose all pertinent facts, legally you can sell that lemon!
Honesty regarding the lemon law is always the best policy, and disclosure makes it legal. Just follow a few simple guidelines and you?ll be alright. About the Author: Karen Kirby has 25 years in the computer industry and MS Computer Science. See lemon law http://lemon-law.eworldrewards.com/use-the-lemon-law-squeeze.htm – Internet Guide to Traffic http://www.aimbright.com/ebook/
Article Source: Populate.NET Article Directory
So the question is how can you fight back against these criminals and keep your good name intact as well as your credit and money?
The answer is to freeze credit reports and stop credit from being issued in your name. By freezing your credit, nobody can get your credit file or details to run up credit in your name leaving you to deal with the bill.
Who can put a freeze on their credit? Since 2003, almost everyone can put a credit freeze on his/her credit. Currently, most people simply put a fraud alert on their credit report and hope that solves their problems. The advantage of this is that the credit bureaus are supposed to alert you when a request for credit in your name is placed and verify with you that you indeed requested this new line of credit. The disadvantage with this method is that the creditors do not always call to request your permission or they ask very generic questions to verify the person they are speaking to is truly “you”. Unfortunately, if they already have enough information to apply for credit in your name, they can usually answer these generic questions also. With a credit freeze nobody can open any type of credit line under your. Meaning, your credit details are off limits to everyone even credit lenders, insurance companies and potential employers.
When your credit is requested, for example a credit card, the credit provider will call one of the three credit reporting companies to ask for access to your credit file. If you requested a freeze to your account, then the credit reporting company will tell the creditor that they don’t have access to you file since it is frozen. You can just about guarantee that no creditor in their right mind will proceed with granting any credit on an account where the owners have placed a freeze, without asking the person to lift the freeze. Of course an identity thief wouldn’t be able to do this without your pin and paying the fee to unfreeze the credit report.
What if I want credit? If you want credit or you need a background check for a potential employer, it is not a problem at all because the major credit reporting companies will give you an identification number or a PIN that allows you to freeze and unfreeze your credit report whenever you want. There is also a small fee that is charged to lock and unlock your credit.
If a criminal manages to get your credit file, with the protection of a credit freeze they don’t stand a chance at getting credit, no matter how good they are.
How do I get a Credit Freeze on my files? In order to freeze your credit, you will need to contact each of the three credit reporting companies. There is a fee but it is absolutely low considering the benefits of having a credit freeze on your account, the few dollars that are spent are worth knowing that your credit, and good name are protected and secured at all times.
What do the credit reporting agencies need? Each of the three credit reporting companies requires a certain procedure to be followed in order to have your credit report frozen. Below are the requirements needed for each company:
Equifax: Send a letter via email that contains your name, address, including previous addresses, social security number and your date of birth.
Experian: Mail a letter with full name, middle and other identifying names like Jr. or Sr. Also include you previous and current addresses going back five years, social security number, date of birth and proof of address like driver’s license, electric bills or bank statement.
TransUnion: Communication can be sent either by regular or certified mail, although certified mail is always a safer option. You will need to include your full name, including middle initials and any other parts to your name. You will need to provide your current mailing address and any other addresses dating back to the last five years, date of birth and social security numbers are also required.
Payment for the three credit reporting companies must be made by check, money order or by a credit card. If a credit card is the chosen option, then the name of the card, account number and expiration date must be included. ID theft victims should also put a valid copy of a police report, investigation report or a valid complaint that has been filed with a law enforcement agency.
Don’t be caught by criminals who prey on honest citizens by stealing their identity and running up expensive credit debt. Fight back, use a credit freeze and rest assured that your credit is safe from theft.
About The Author
Liz Roberts is a loan consultant with New Horizon Finance, specializing in bad credit,& has been providing consumers & business owners with financing since 1989.Join Experian Triple Advantage http://www.newhorizon.org/Info/experian.htm & get a free credit report & credit score. Bad Credit? Apply for bad credit credit cards, http://www.newhorizon.org/Info/unsecured.htm.
A grandparent DNA test helps to confirm the relationship between a child and an alleged grandparent. This test is based on the fact that a child receives half its DNA from each parent and that parent in turn receives half its DNA from each of its parents. A portion of the grandparents DNA is therefore passed on to the child and it is this which can be tested to prove whether a child really is a grandchild or not.
A grandparent DNA test may be done using samples from one or both grandparents on one side, the child, and preferably a parent. Some grandparent DNA tests may require that both grandparents be tested, while others allow for just one grandparent to be tested.
Grandparent DNA tests are done in the same way as other DNA tests and can be ordered through a laboratory that does grandparent DNA testing or online. DNA samples are then collected, generally through a swab of the inner cheek. These samples are sent to the laboratory and the geneticists will compare the DNA samples from the grandparents, grandchild and parent (where possible).
If grandparent DNA testing is done for legal reasons you will need to ensure that there are witnesses to the DNA sampling and so it is usually necessary in these cases for the DNA tests to be done in a laboratory. If it just for piece of mind you can order a home DNA test kit and take your own samples to send to the laboratory.
In conclusion, grandparent DNA testing helps to establish the relationship between a child and its alleged grandparents. This is done by collecting samples from one or both grandparents on one side, the child, and preferably a parent. These samples are then analyzed by the laboratory who can tell by comparing the DNA samples how likely it is that the child is the grandchild of the alleged grandparents.
Learn more about genealogy test on our site. You’ll also find other information such as paternity testing and DNA test labs. GeneticDNATestingHelp.org is a comprehensive resource for people who are interested in gentic DNA testing for paternity, genealogy, or medical reasons.
Article Source: http://EzineArticles.com/?expert=Rich_Fuller
I have been representing accident victims against insurance companies for the past 15 years. By representing hundreds and hundreds of accident victims over the years, you begin to see how the insurance industry deals with victims after they begin the claim process following the accident.
I have found that most insurance adjustors are highly trained adversaries, although most people would never think this, at least not in the beginning of the claims process. Now, most people understand that the insurance company’s job is to make money and that one way it does this is by settling claims for less than the claim is worth. Yet, most people are unaware of how sophisticated, yet simple, the methods the carrier will utilize to help it accomplish this goal.
If you have been in a car accident you will be interviewed by both an adjuster from your own insurance company and by an adjuster from the other party’s insurance company. Both adjusters are trying to minimize the amount of money that their company will pay.
Follow this tip sheet to make sure you do not jeopardize your personal injury claim during these phone interviews.
DO’S
Write down the name, address, and phone number of the insurance adjustor and insurance company.
Provide your full name, address and telephone number. Take notes and of the conversation.
Ask the adjuster if they are aware of any witnesses.
Be very general when you describe your injuries.
Tell the adjuster you will provide a complete, detailed, medical description of your injuries after you and your doctors have done a full assessment.
DON’TS
Do not agree to an audio tape recording of the conversation. Insurance adjustors will engage you in an informal conversation in an effort to relax you and get as many details about the accident as possible.
Do not discuss anything but the basic facts of the accident: a) where the accident occurred; b) Date and time of the accident; c) type of accident – motor vehicle, slip and fall.
You do not need to provide details about your work, such as income, schedule or details of what you do at your job. Do not agree to anything.
DO NOT SIGN ANYTHING.
Don’t answer family questions. You are under no obligation to give any information about your family.
You are not obligated at this point to identify witnesses.
You are not obligated to give the adjuster the name of your doctor.
Christopher M. Davis is the managing partner of Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. You can learn more about Mr. Davis at http://www.InjuryTrialLawyer.com or http://www.seattleaccidentnews.com.
Article from Copy & Paste Articles – find quality content for your blog or website
]]>Couples go through good times and bad. There are going to be ups and downs that each couple will have to face. However some people jump to the conclusion that they have to get a divorce. This may not have to be the case. For some couples it may be easy to get through the rough patches and for others, there is no end in sight.
If you are fighting a lot and never getting along, you may need to work on your relationship. Some people feel as if they are alone in their marriage and that they have no help or respect. These feelings can lead someone to feel as if they are not happy in their marriage anymore and it may open their eyes to getting help to resolve the issues that are making it hard to find the happiness that every couple deserves.
When you think that your marriage may be in trouble, you have to do whatever you can to make sure that you are coping with it as best as you can. Some people prefer to go through counseling when their marriage is in trouble.
Marriage counseling is a great option to try before thinking of divorce. Counselors help couples to discuss their problems and to find solutions that will work for both parties. For some couples this is the only help needed to get through rough times.
For some people marriage counseling isn’t the way to go. Some might want to try a one on one session with a therapist. This professional will discuss your situation and give you advice that can help you to become a better spouse. This is an option that people with anger management issues that are tearing apart the fabric of their marriage can use to help them fortify their relationship and avoid divorce.
It is possible that the problem you are having is a personal issue that one of you have and making some changes in how you live your life may help. A therapist can help you to discover areas that might need work as well as giving you advice as to how you can make the changes you need so that you can get your life back on track.
There needs to be two way communication going on in your marriage at all times, make sure that you are talking with your spouse and discuss any issues that you are having difficulties with. Don’t be afraid of letting your feelings show or letting your spouse know that you feel things need to change. When you have open communication your marriage will be stronger.
When none of the above work for you, it may be time to let go and get a divorce. You might have to do this so that you are able to be happy and have the life that you deserve. There is no reason to stay in a marriage that is not working for both of you and only bringing you down. You should be happy and you need to think about it so that you are able to feel better about your marital decision.
In his book on divorce and separation, Colin P Kaye explains why it is very important to be nice through a divorce and separation Visit his site and you can receive an quality no obligation report.
Article republished from Copy & Paste Articles
]]>1. Check out the lawyer’s personality.
A hot-headed lawyer is not going to look good for you nor do you much good. A divorce is stressful; you’ll want a lawyer that stays calm so that he or she can help keep you calm. Additionally, you’ll want to find a lawyer who is willing to take the time to answer your questions and who understands what is important to you. For example, if the most important part of the divorce to you is getting a reasonable custody settlement, you’ll want to avoid the lawyer that keeps returning to financial settlements in your discussions.
An option for you to complete yourself is one of the software programs out there. You can go through the division of your property and the support for your kids more efficiently and with less emotion. Furthermore, sometimes it’s easier to keep in touch via email when you both are busy (as long as your lawyer isn’t opposed to phone calls and face-to-face meetings when you need more detailed explanations.)
3. Find someone who is not afraid to be straightforward.
Your lawyer should be willing to be honest with you as well as understand divorce laws. His knowledge about divorce law allows him to be honest about what you might expect as an outcome. If your request will likely end up unfavorably to you, your lawyer should be honest. Likewise, you’ll be stressed during the divorce. Your lawyer is the one who should remind you what is important and what should and shouldn’t be pursued.
4. Make sure your lawyer understands the complexity of divorce.
Divorce is not just a legal issue. Many factors are included: kids, property settlement, finances, fiery emotions and the law – if you can think of it, it’s there inside the divorce. Listen carefully to what your lawyer is saying. If you hear an emphasis only on winning or losing, this attorney might not have listened to everything you’ve told him that is having an effect on you. Find someone who understands divorce support and will be able to help you keep all aspects of the divorce in perspective.
5. Find someone you can afford.
If you are worried about the legal fees you’ll incur throughout the divorce, talk to your lawyer. You might be able to change from an hourly fee to a flat rate program that clearly lays out what is involved.
Finding a lawyer is not as simple as calling the first person you find in the yellow pages. Don’t be afraid to call several divorce lawyers and go on to discuss with them your expectations and specific situation before you make your final decision. It’s also helpful to ask the people you know for recommendations.
Len Stauffenger’s parents taught him life’s simple wisdom. As a divorced dad, he wanted to share that simple wisdom with his girls. “Getting Over It: Wisdom for Divorced Parents”, his book, is the solution. Len is a Reiki Master, an author, a Success Coach and an Attorney. http://www.wisdomfordivorcedparents.com
Through traditional advertising methods, you have already invested resources promoting your company and its brand names. There is an additional legal step you can take, however, to boost your brand’s value and your company’s prestige: register your brands with the U.S. Patent and Trademark Office in Washington, D.C.
Many businesses, as a matter of course, file federal trademark applications each time they roll out a new product, logo, slogan or name. For example, in 2006 the number of trademark applications filed with the U.S. Patent and Trademark Office reached a record 354,775. (“Performance and Accountability Report Fiscal Year 2006 Other Accompanying Information,” U.S.P.T.O.).
If you run a business, you may already hold a treasure trove of trademarks eligible for federal trademark registration. The law defines a trademark as including “any word, name, symbol, or device or any combination thereof” used by any person “to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.” 15 U.S.C. §1127.
In lay terms, a trademark or service mark (similar to a trademark, but covering services instead of goods) is simply a business’ brand. Examples of trademarks include the words Chevrolet, Microsoft and Ben & Jerry’s. A mark may also be a slogan, such as American Express’ Don’t Leave Home Without It.. Logos — such as the Nike “swoosh” design — also qualify as a trademark. A mark can even be a distinctive sound (such as the roar of the Harley-Davidson motorcycle).
Below are the top 10 benefits of registering your trademark:
1. Nationwide Protection. How can you garner legal protection across the United States? In the U.S. you generally acquire rights by using the mark in commerce (e.g., sell products or services with the mark). However, these rights may be limited to those areas in which you were the FIRST to actually USE the mark and to those zones in which you would be expected to naturally expand. Therefore, if someone begins using “your” mark in a particular locality, they can claim that they own the mark (at least in that locality) and that you are the infringer. However, a federal registration is valuable because creates a legal presumption of ownership nationwide. Without a registration, your trademark rights may be limited to the geographic regions and goods/services in which you first used the trademark. More importantly, you can secure nationwide protection even before you actually use your mark. This is accomplished by filing an “intent to use” application. If the application is successful, you will have a priority date of the date of the application.
2. Company Asset. The registration becomes a valuable company asset. In fact, the single most valuable asset in the world is the COCA COLA registered trademark, estimated to be worth approximately $67 billion. (“The 100 Top Brands 2006,”Business Week and Interbrand Corp.).
3. Licensing.. The registration makes it easier to license your trademark – allowing you to receive royalties whenever your licensees use your brand.
4. Prestige. The registration gives you the right to use the registration symbol – adding prestige to your company and its products.
5. Immortality. Like a diamond, a registered mark can last forever so long as you continue to use it and renew it. Some of the oldest U.S. trademarks include “Samson” (first used in 1884 and registered in 1906) and the Bass bear symbol, a red triangle (first used in 1856 and registered in 1921). Thus, for a relatively small investment, you could own a registered trademark that could be literally immortal.
6. International Protection Potential. You can use your U.S. trademark registration to obtain trademark registrations in foreign countries.
7. Lawsuit Rights. The registration gives you the right to recover statutory damages against a trademark counterfeiter, which can be as much as $1 million per mark. Further, the registration creates a legal presumption that your mark is valid, that you are its owner, and you have the exclusive right to use the mark in commerce in connection with the goods or services specified in the certificate of registration.
8. Incontestability. After five years of continuous use in commerce, your mark can become “incontestable.” This means that the registration cannot be attacked because of prior use or descriptiveness. So, the sooner you register your trademark, the sooner you will enjoy this incontestable” status.
9. United States Customs Can Help. The registration gives U.S. Customs & Boarder Protection (“CBP”), a bureau of the Department of Homeland Security, the right to seize goods that infringe on your mark. Having Customs on your side can be a big help when you find that someone is importing products that infringe on your mark.
10. Certificate of Registration. After your mark is registered, you will receive an official Certificate of Registration. This impressive Certificate makes your “intangible” intellectual property more tangible. It also becomes helpful if you ever decide to sell your business because the certificate of registration shows that your business, in fact, owns the mark.
Applying for a federal registration does have some costs. It can be expensive, time-consuming, and the results are often uncertain. Therefore, it is advisable to obtain legal competent legal representation to help you make your decision.
Finally, this article is intended to present an overview and should not be construed as representing advice on specific, individual legal matters, but rather as general commentary on the subject discussed. The information may not apply to your specific situation. No attorney-client relationship is established by this article.
Alan I. Cyrlin, Esq. is a trademark attorney in Beverly Hills, California. To learn more, visit http://www.ecjlaw.com/bio/AlanCyrlin.asp
Article Source: http://EzineArticles.com/?expert=Alan_Cyrlin
Protecting the intellectual property aspects of your business is a worthwhile investment. However, it is difficult to know what form of intellectual property works for what facets of your business. Let’s take the time to break all that down.
Copyrights:
Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem “artistic” in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.
To protect text as it appears on advertising copy, speeches, pamphlets, brochures, online works, reports, etc. a Literary Works application would be filed.
To protect pictorial or graphic items such as technical drawings, posters, labels, games, etc. a Visual Art Works application would be filed.
Only a few items that could be protected by copyright are noted here so if you have other items in mind, please check with the US Copyright Office.
Trademarks:
A “registered trademark”, or ®, refers to a name, slogan or logo that has been officially registered with the United States Patent and Trademark Office (USPTO). Registering a trademark is beneficial to a business because it publicly states that your trademark is registered with the USPTO and therefore, you have exclusive rights to that name within your industry.
Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you’re interested in is truly available.
This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.
Shannon Moore is the General Manager for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or call Shannon directly at 800.340.2010.
Article Source: http://EzineArticles.com/?expert=Shannon_Moore
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