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Trademark
Legal Care For Your Business & Product Name
by
Stephen Elias
New
7th Edition!
Quality
Paperback, 340 pages, 7 x 9 inches
Publisher: Nolo; ISBN: 1413303587; Pub date: Sep 2005; ©2005-1992
Catalog#
3587-2
List price: $39.99
Our price: $31.99
You save: $8.00 (20%)
The name and logo
you choose for your business or products is an important asset--don't let competitors
capitalize on your good name. Especially designed for small businesses this
is a very comprehensive do-it-yourself trademark reference. All the forms and
instructions necessary to register with the US Patent & Trademark Office
are included.
In plain English the
authors explain the ins and outs of trademark law. They offer advice on choosing
an effective and protectable trademark and then explain, step-by-step, how
to protect these names and graphics used to market services or products. This
5th edition features an easier-to-use format, extended Internet resources,
and a step-by-step guide through the registration process.
Topics
covered include how to...
- Find out if someone is already
using the name you want to use -- hire someone to search for you, or conduct
your search yourself in a Patent and Trademark Depository Library or online
- Protect your mark by registering
it with the U.S. Patent and Trademark Office
- Keep the registration up-to-date
- Look up trademark laws yourself
- Handle trademark disputes out
of court
- Find a good trademark attorney
if necessary
The authors readily point
out that some less-common topics are beyond the scope of this particular book,
such as: the legal details involved in defending a trademark law suit in court
without a lawyer; some situations brought before the USPTO; all the details
involved in international trademark registration; and transfers/assignments
of trademarks or business names. With that said, this book provides a wealth
of information on the subjects most people are most likely to need.
Some
excerpts...
"The first date
on which you used your mark anywhere establishes the beginning of your legal
rights to the mark. It is important to know and be able to prove this date
because the business that has been using the mark the longest will usually
be given priority in case a conflict develops."
"...In short,
trademark litigation is so expensive that the little guy seldom benefits,
no matter what the law says and how the judge decides. And even if it's
two little guys going head to head, it's too often only the lawyers who
benefit financially. For this reason, whether you or the other party has
the perceived legal edge, we strongly recommend that you apply a cost-benefit
approach in deciding how to resolve the dispute. That is, add up the cost
of preparing new packaging and marketing materials and any anticipated loss
of market share because of the change in your mark, and compare this total
against the probable cost of litigation."
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Table
of Contents
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Introduction--How to Use This
Book
1. A Trademark Primer
Alan Introduction to Business
Names
B. An Introduction to Trademark Law
C. Trademark Compared to Copyright and Patent
D. Sensible Strategies for Protecting Trade Names and Trademarks
E. Some Common Business Name Issues and Their Solutions
2. How to Choose a Good Name
for Your Business, Product or Service
A. Anatomy of a Trademark
B. Distinctive Terms Make Legally Strong Trademarks
C. Ordinary Words as Trademarks
D. Why Does a Trademark Have to Be Distinctive to Be Protected?
E. How Do You Make a Mark Distinctive?
F. Marketing Considerations
G. Summary
3. Protecting and Registering
Trade Names
A. Mandatory Registration
Requirements for Trade Names
B. The Legal Effect of Corporate and Fictitious (Assumed) Business Name
Registrations
C. Legal Protection for Trade Names
D. Domain Names: Trade Names on the Internet
4. How to Tell If Two Marks
Are Confusingly Similar
A. Introduction to Analyzing
Marks for Potential Customer Confusion
B. How to Evaluate a Competing Mark for Potential Customer Confusion
5. Preparing for a Trademark
Search
A. Three Kinds of Searches
B. Planning Your Trademark Search
6. How to Do a Trademark Search
A. Selecting an Approach
B. How to Search
7. State Trademark Registration
A. What State Registration
Accomplishes
B. How to Register Your State Trademark
8. Federal Trademark Registration
A. Is Your Mark Eligible
for Federal Trademark Registration?
B. Gather Information for Your Trademark Application
C. Completing the Registration Application
D. The Drawing
E. Filing Your Application
F. Communicating With the PTO
G. Amending the Application
H. If the Examiner Rejects Your Application
I. Publication and Opposition
J. Receiving Your Certificate of Registration
K. Follow-Up Activity Required for ITU Applications
9. How to Use and Care for
Your Mark
A. Use of the Trademark Registration
(R) Symbol
B. File Your Sections 8 and 15 Affidavit
C. Renew Your Registration
D. Use It or Risk Losing It
E. Maintain Tight Control of Your Mark
F. Use the Mark Properly--Avoid Genericide
G. Keep Track of the Mark's Ownership
10. Evaluating Trademark Strength
A. A Brief Review of What
Makes a Strong Mark
B. Identify the Trademark Part of Your Product or Service Name
C. Classify the Trademark Aspect of Your Product or Service Name
D. Beyond Names: Graphics, Packaging, Color and Product Designs as Trademarks
11. Sorting Out Trademark
Disputes
A. A Word of Warning
B. When Do Trademarks Legally Conflict?
C. The Legal Framework for Solving Trademark Conflicts
D. Disputes Under State Dilution Laws
E. Disputes That Involve Customer Confusion
F. How to Use the Rest of This Chapter
G. If Your Unregistered Mark Conflicts With a Federally Registered Mark
H. Your Unregistered Mark Conflicts With Another Unregistered Mark
I. Your Federally Registered Mark Conflicts With Another Federally Registered
Mark
J. Your Federally Registered Mark Conflicts With an Unregistered Mark
12. If Someone Infringes Your
Mark
A. What Litigation Costs
B. How Much Is Your Mark Really Worth to You?
C. Negotiate-Don't Litigate
D. How to Handle an Infringer
13. If Someone Claims That
You Infringed Their Trademark
A. What the Complaining Party
Can Do to You
B. Steps You Should Take
14. International Trademark
Protection
A. A General Approach to
International Trademark Protection
B. Reciprocal Rights
C. Deciding to Register Abroad
Help Beyond the Book
A. Doing Your Own Research
B. Finding a Lawyer
Appendix
- International Schedule of
Classes of Goods and Services
- U.S. Schedule of Classes
of Goods and Services
- Descriptions of Goods and
Services (From USTA-International Classes)
- State Trademark Agencies
and Statutes
- Patent and Trademark Depository
Libraries
- Trademark/Service Mark Application,
Principal Register, With Declaration
- Amendment to Allege Use
Under 37 CFR 2.76, With Declaration
- Statement of Use Under 37
CFR 2.88, With Declaration
- Request for Extension of
Time Under 37 CFR 2.89, to File a Statement of Use, With Declaration
- Combined Declaration of
Use and Incontestability Under Sections 8 & 15 of the Trademark
Act of 1946, as Amended
- Application for Renewal
of Registration of a Mark Under Section 9 of the Trademark Act of 1946,
as Amended
- Sample Request to Divide
Application
- Sample Assignment
Index
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The
author...
Stephen Elias is an attorney
and writer for legal publishers. Elias is an Associate Publisher with Nolo
Press. He is author, co-author, or editor of several Nolo books.
What
others say...
"...excellent step-by-step
instructions for registering a mark, written in plain English with clear
examples. Recommended for all collections." --Library Journal
"[There is] no other text
on the market to compare." --Legal Publishing Review
(The
description above is from a previous edition. Updated description available
soon.)
Trademark: Legal Care For Your Business & Product Name
Our price: $31.99
Catalog#
3587-2
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