Questions & Answers
- The most conservative advice is to use ® circle (r) every time.
- Probably not. Assuming that the refusal is final and proper, you likely have actual notice of trademark infringement. This could lead to willful infringement.
- Maybe, you must act within 5 years of federal registration. You will need evidence of your common law trademark.
- No. You can use the tm symbol, like this ™. Using the ® for state trademark may be considered fraud or false advertising.
- Yes, it is not uncommon to use tm or (tm) instead of the correct typographic symbol ™. That is a claim for trademark rights.
- This is really a question about whether consumers will be likely to confuse these two marks. There are many factors to consider.
- The absolute best way to approach this is to ask Jaguar for permission. Jaguar has a duty to enforce its own trademarks.
- Maybe. Maybe not. Have an attorney review your specific design.
- WIPO is a treaty organization that coordinates intellectual property efforts across nations.
- Three choices: 1) ® 2) Registered in the U.S. Patent and Trademark Office or 3) Reg. U.S. Pat. & Tm. Off.
- Yes. Foreign companies may apply for and receive US trademarks. There are three filing options.
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- The Examiner's rejection begins a miniature proceeding (just like a case in a court of law). How and what to say is vital to overcoming the examiner's trademark rejection and getting your mark registered.
- Can I legally use the ™ symbol before I apply for a trademark registration? Yes. But not the ® (circle r) symbol. Learn to use ™ (tm) properly.
- It should be possible for a small business to defend an opposition proceeding, even against a large or major corporation, with a relatively limited budget.
- The US trademark registration form is deceptively simple. You can complete it in 30 minutes. Some questions use legal terms-of-art and mislead first time users.
- Software developers believe software law provides ownership of source code; good copyright protection is automatic; software patents are evil, and ...
- By filing a software patent application, you secretly reveal your software invention to the US Patent Office, before you sell or publish your software.
- According to the American Intellectual Property Law Association, the average copyright litigation costs $310,000 to defend rights valued less than $1M. When value of the copyright rises to between $1M and $25M, the average costs rises to $850,000.
- A software copyright registration helps to prove ownership, provide for money damages in court, and help prove copying by unfair competitors.
- Software patents protect the innovative concepts and ideas behind the source code. If your source code does something new, it may be a software invention.
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