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Reason To File A Provisional Patent Application

REASONS TO FILE A PROVISIONAL PATENT APPLICATION

Depending on who you speak with, you may hear that filing a provisional patent application is always a bad idea or that it is always the best option. Many companies have questioned whether filing a provisional application is worthwhile — or whether filing a non-provisional application straight is smarter.

Let’s look at what a provisional patent application is, why you should file one, and the frequent mistakes to avoid when filing a provisional patent application to see if it’s right for you.

What Is A Provisional Patent Application?

In comparison to a non-provisional patent application, a provisional patent application is a simpler, more informal filing. You don’t need to incorporate formal claims or an inventor declaration, for example.

A provisional application, unlike a (formal) non-provisional application, expires one year after filing, is never considered for patentability, and does not mature into an issued patent.

A provisional patent application can be used to file a patent application with the USPTO and other foreign patent office’s ahead of schedule. However, if you want to get a patent, you must file a non-provisional patent application within one year.

Provisional applications aren’t always the best course of action. Provisional applications, on the other hand, can be utilized as a strategic tool in creating a patent portfolio in the correct conditions, and they’re typically preferable to filing no patent application at all.

Reason to File a Provisional Patent Application

You probably won’t need to file provisional patent applications if your company has infinite finances and an army of patent lawyers ready to create applications at a moment’s notice (you know who you are).

Provisional patent applications, on the other hand, can assist most businesses to obtain acceptably (but not necessarily perfect) legal protection under limited and unpredictable situations. Here are some of the reasons why you would wish to do so.

A. Establish an early filing date

Patent applications are considered in the United States and almost all other countries depending on their filing date. The patent office will evaluate the merits of your patent application against all previous art as of the patent application’s filing date.

(In a nutshell, “prior art” refers to all patents and patent applications filed before your filing date, as well as all publications, products, and activities that were publicly available before that date.) As a result, deciding on a filing deadline as soon as possible can be crucial.)

You can establish the “effective” filing date for a non-provisional application filed later by filing a provisional patent application. This can increase your chances of success by removing any potential prior art that emerges after your provisional application is filed.

Provisional applications can also be utilized to obtain a “priority” filing date for applications filed in other countries that are members of the Paris Convention if they are filed within a year of the U.S. filing date. In many foreign nations, where there is no “grace period” for public disclosures before the patent application is filed, an early filing date is very significant.

B. Documentation for competitive or defensive purposes

For competitive or defensive objectives, a provisional patent application can be utilized to formally document your company’s technical developments as of a specific date (specifically, the filing date).

Your provisional application, for example, could be used as prior art against a competitor’s later-filed patent application. In other words, whether or not you receive a patent, your provisional patent application may prevent your competitors from obtaining a patent covering your technology.

By filing a provisional application before meeting with a collaborator or attending a conference, for example, you can demonstrate that the subject matter in the provisional application was developed independently of the collaborator’s input or information gained from the conference.

Finally, provisional patent applications allow you to designate your items and publications as “patent pending.” This serves as a warning to potential competitors that if they enter your jurisdiction, they may face a patent infringement claim.

C. Work within significant time or budget constraints

Provisional patent applications include fewer formalities, lower filing fees, and almost no formatting requirements. As a result, a provisional application can typically be prepared and filed faster and for less money than a non-provisional application.

Businesses frequently find themselves in need of a patent application as a result of a fast-approaching public presentation or demo, or a pending product launch. Provisional applications can be prepared and filed swiftly in certain cases as a legal “best-effort” to achieve a filing date.

Alternatively, startups may not have sufficient funds to immediately hire a patent attorney to prepare a full formal patent application. Provisional applications allow you to create the best patent application possible within the limits you have, and then refine it when you file the non-provisional application.

In both of these circumstances, filing a provisional application might provide some protection, which is often preferable to filing no patent application at all.

D. Gain time to refine your idea

To create a series of provisional applications, provisional applications can be revised and re-filed many times over a year. This enables you to track incremental progress throughout the R&D process.

Although the enhancements won’t have an earlier filing date, they can still be included in a single patent application with the original invention, rather than needing a separate file.

You’ll also be able to maintain the anonymity of your work. Provisional patent applications are not disclosed, so you don’t have to worry about your idea being shared with the public if you don’t file a non-provisional application.

E. Assess the value of your invention

Many companies prefer to file a patent application early in the development process, just in case their invention becomes profitable.

While the cost of a formal application may not be justified, the potential for great value may warrant a small investment in a provisional application. You can even capture later advances in the non-provisional application if you improve the invention before filing the non-provisional.

COMMON MISTAKES WHEN FILING A PROVISIONAL PATENT APPLICATION

Provisional patent applications have a lot of advantages for businesses in certain situations, but if you’re thinking about filing one, be careful! Here are some common mistakes made by applicants.

Failing to budget for a non-provisional filing

If you don’t file a non-provisional application during the next 12 months, your provisional application will expire.

Even though a provisional application can give a low-cost, short-term solution, you must also file a non-provisional application to invest in the long-term solution.

Additionally, if the provisional application was prepared under time constraints or on a limited budget, a good non-provisional application may need a significant amount of effort and investment.

Submitting an inadequate application

Only inventions that are adequately detailed in the preliminary application are eligible for the benefits we’ve discussed. Your provisional application will not give the protection you require if you do not provide a complete written disclosure and do not have a patent attorney construct the provisional application in a way that will support broad claims in the non-provisional application.

To put it another way, if your provisional application does not support all of the facts in your non-provisional application, you will not be able to take advantage of the earlier filing date for any new or updated details in the latter.

Feeling a false sense of security

And if you’re lulled into waiting a full year to file a non-provisional application, you risk exposing the application to the more prior art for claims that the provisional filing didn’t fully support.

It’s in your best interest to work with patent attorneys who have the legal and technical expertise to lay the groundwork for an ironclad patent portfolio down the road, no matter where you are in the process of developing your patent strategy.

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The History of Trademarks all around the World

Since before there was a term for it, humans have been trademarking things. Although it is practically hard to say when the first trademark was created, we now have access to evidence that reveals one of the earliest known cases goes back to 5000 BC courtesy to Google (which is also registered).

People in China were producing ceramics with the name of the Chinese emperor in power at the time. This item also included the date and place of its creation, as well as the name of the creator.

Let us now travel to a new continent. Egyptians put their distinctive fingerprints on almost everything they manufactured thousands of years ago, including clothing, stonework, tiles, silverware, gravestones, and so on. However, these old trademarks were not legally recognized. They were generally employed as a means of claiming ownership of any production.

Do you recognize the term hieroglyph? If you have, you are aware that hieroglyphs were used in ancient Egypt's writing system. These characters were employed to express a concept, as well as to identify something that had been made by someone. The Egyptians, however, were not the only ones who did so.

Early trademarks have also been discovered on Roman artifacts. Many years ago, the Romans were enamored with trademarking and began using it on products like crockery. Even the foundations of ancient Rome had their names written on them!

The first contemporary trademark rules, however, did not appear until the late nineteenth century. Regulations and norms have continued to evolve since then, up to the present day.

Trademarks are now official!

Let's find out when trademarks were formally legalized now that we've learned about their history and how they were brought into our globe.

In the year 1266, the English Parliament approved the first trademark legislation. This occurred during King Henry III's reign. This rule, known as the Bakers Marking Law, mandated every baker to stamp his loaves with a unique mark.

Silversmiths were compelled to mark their works after this, printer's marks were added to books to identify the printer, and emblems were used to decorate palaces, noblemen's castles, inns, and taverns, and were widely used in trade, and so on. All of this was taking place in the United Kingdom.

Following a petition by Samuel Breck, a sailcloth maker in Boston, Massachusetts, in 1791, Secretary of State Thomas Jefferson encouraged Congress to allow trademark registration. The suggestion, however, was not carried out. The first U.S. Federal Trademark Act was not established until 1870, and Averill Paints was the first company to register a trademark under the Act.

Following that, Germany, the United Kingdom, Japan, and the rest of the globe approved their own trademark legislation in 1874, 1875, and 1884, respectively. Applicants can seek trademark protection in up to 107 countries as of today.

The Oldest Registered Names and Logos in Trademark History

Let's take a look at some of the world's earliest registered trademarks.

Czechia: The Czech beer brand PILSNER, which dates from 1859, is the world's oldest registered trademark. It has lasted more than 160 years and is still operational. Every ten years, it has been successfully renewed!

United Kingdom: The Bass business was the first to file a trademark, which was used to identify beer. The trademark registration legislation was enacted in the United Kingdom in 1875, and it comes with a fascinating backstory.

When applications for trademark registration started on January 1, 1876, it is alleged that a Bass employee was assigned to wait outside the trademark office overnight the day before in order to be the first in line to submit for a trademark the next morning. Of course, he fulfilled his mission, and this trademark, like the Czech trademark, is still in use today.

United States of America: The following are some of the oldest registered trademarks:

Coca-Cola (1893). This one is well-known. This tonic beverage trademark was first registered on January 31, 1893, and has been successfully renewed every year since!

Heinz (1897): You're undoubtedly familiar with this name. On December 28, 1897, the trademark Heinz was registered. It has been successfully renewed until this day, much as the Coca-Cola trademark.

As you can see, it's rather intriguing that trademark protection, if renewed in a timely and effective manner, may potentially be forever.

Trademarks Nowadays

Before trademarks were formally allowed, individuals considered adding a name, a symbol, or an image to a product that they created themselves. They already felt like they were in charge. So we know it existed before a group of individuals decided it needed to be made a law.

This is why individuals began placing symbols, pictures, and inscriptions on their items to ensure that everyone knew they held the trademark. However, the regulations were not the same back then as they are now. Over time, these marks developed into the trademark registration and protection system that exists today.

In terms of trademarks, we now know that each nation has its own set of rules and authority. For example, certain nations, such as the United States, allow applicants to submit trademarks in black and white, while others do not. Alternatively, some nations are more lenient when it comes to trademark similarities, and others are highly stringent.

It is clear that trademarks are not new, and that symbols, "hieroglyphs," or visuals connected with certain persons or organizations have existed throughout history.

Conclusion

Finally, even if you aren't aware of it, everyone comes into contact with trademarks on a regular basis. Everything we buy is the result of someone's toil and sweat. It is critical to appreciate this, as well as the relevance of trademarks in assisting company owners in growing their businesses.

Keep in mind that if you have created a product or service and want to trademark a name for it, you must first check to see whether the name has already been registered or if there are any similar names. Failure to investigate a trademark before registering for it can result in an objection from the trademark office in the nation you want to register it in, or, in the worst-case scenario, trademark infringement and a stop and desist letter from another trademark owner.

This is why a trademark search is recommended. Spending the time and money upfront to see if a trademark is accessible will help you avoid the high expenses of a trademark dispute or lawsuit.

Finally, keep in mind that the more unique your trademark is, the easier it will be to defend it. Please contact us right away if you have any issues with trademarks.

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Intellectual Property Code of the Philippines – An Overview

Intellectual Property Code of the Philippines – An Overview

INTRODUCTION

The Intellectual Property Office of the Philippines (IPOPHL) is a government agency under the Department of Trade and Industry tasked with intellectual property (IP) registration, conflict resolution, intellectual property rights administration, and the implementation of State IP policies in order to strengthen IP rights protection in the Philippines. The Philippines Intellectual Property Office (IPOPHL) maintains a Registry of Patents and Trademarks that date back to the Spanish and American colonial times and are well-known across Southeast Asia. It was formed by Republic Act No. 8293, also known as the Philippine Intellectual Property Code, which took effect on January 1, 1998, under President Fidel V. Ramos' administration. The IPOPHL is unusual in that it operates within the President's Office and has a level of effect and influence that few other countries can match.

MANDATE & FUNCTION

The mandate of IPOPHL is known as the DREAM mandate since it is abbreviated as DREAM. The following are the objectives of IPOPHL mandates:

DEVELOPMENT-ORIENTED: Encourage people to use patent data as a tool for technical advancement.

REGULATORY

Examine patent applications and issue patents, or register utility models, industrial designs, trademarks, geographical indications, and integrated circuits;

help in the deposit of work with the National Library; and

Register technology transfer agreements.

ENFORCEMENT

Execute enforcement tasks with the assistance of pertinent authorities such as the PNP, NBI, Customs, OMB, LGUs, and others.

Based on the report, information, or complaint received by the Office, conduct visits during reasonable hours to establishments and enterprises engaged in activities breaching IPRs and requirements of the IP Code.

ADJUDICATORY

Hear and decide cases relating to:

Violations of IP Rights

Cancellations and oppositions to registration

Compulsory licensing

Settle disputes involving technology transfer payments.

POLICY-MAKING

Work with appropriate government agencies and the commercial sector to develop and implement plans and policies to improve the country's intellectual property protection;

Develop and implement strategies to encourage and facilitate technology transfer.

VISION AND MISSION

By 2030, a progressive Philippines would have used intellectual property assets to promote inclusive economic and social development, with a mission to create an inclusive IP system that meets Filipino needs.

THE HISTORY

IPOPHL was established by President Corazon C. Aquino's executive order to restructure the Department of Trade and Industry. It was originally known as the Bureau of Patents, Trademarks, and Technology Transfer (BPTTT). The Technology Transfer Board was dismantled between 1980 and 1997, and its functions were subsumed into the BPTT. The IP Code of the Philippines, Republic Act 8293, was signed into law on June 6, 1997; however it did not take effect until January 1998. The BPTT was abolished, and the BPTT activities were transferred to IPOPHL. Between 2005 and 2009, the office function and IP management under Atty. Adrian S. Cristobal Jr, the second Director-General IPOPHL, took a distinct turn, resulting in the following:

The development of a policy/international relations section that became the country's mission in Geneva and in DTI's bilateral and multilateral trade talks for drafting policy papers and comments on draught laws relating IP rights resulted in a stronger IP policy creation.

The IPOPHL's enforcement mission was strengthened in 2008 with the formation of an inter-agency IP task force, which aggressively engaged the government's law enforcement sector in the pursuit of counterfeiters and pirated products dealers.

Under the umbrella initiative of the DOST's "Filipinnovation," the country's innovation plan, a National Intellectual Property Strategy (NIPS) was developed.

The Intellectual Property Fields Operations Unit was established to establish Intellectual Property Satellite Offices (IPSOs) to address the requirements of entrepreneurs, inventors, and IP producers.

The IPOPHL observed the following under the tenure of Director General Atty. Ricardo Blancaflor (2010-2014):

The Industrial Property Automation System (IPAS), which was developed in collaboration with the World Intellectual Property Organization, automates the end-to-end processing of IP applications from filing to registration (publications, certificate printing, and post-registration/post-granting) (WIPO).

The Innovation and Technology Support Offices (ITSOs) were established to disseminate its patent drafting and search expertise and technical knowledge.

IPOPHL and the Greenhills Shopping Center began discussing a development-oriented strategy for reducing the sale of counterfeit and pirated items.

IPOPHL was able to receive P10 million assistance money from the Office of the President to help the National Committee on Intellectual Property Rights (NCIPR) meet its operating needs. As a result, the country's largest collection of counterfeit and pirated items, valued at P 13 billion, was seized. The removal of the Philippines off the US Trade Representative's Special 301 Priority Watch List is considered as the NCIPR's most important initiative.

IPOPHL has been focusing on modernization since 2015, resulting in:

In 2016, other online filing platforms, such as eTMFile, eLDFile, and the eUMFI, were launched.

IPOPHL improved TM classification by joining 62 other countries in using TMClass, which can translate terms into 42 different languages; and IPOPHL became the second ASEAN country to be designated as a World Intellectual Property Organization (WIPO) designated State for the filing of international applications.

The Intellectual Property Office of the Philippines (IPOPHLonline)'s database, which is used to track submitted trademark applications, is continually updated.

IPOPHL is built on five core values;

JUSTNESS: It upholds and promotes justice, fairness, and equality in the delivery of services and functions, taking into account individual characteristics such as gender, religion, social, and political affiliation, to guarantee that no one is denied their legal rights.

HARMONY AND TEAMWORK: IPOPHL fosters a culture of respect and acknowledgment by providing a forum and method for team members to post camaraderie in order to boost productivity and morale.

ACCOUNTABILITY: IPOPHL accepts the consequences/results of one's actions and decisions with great responsibility and trust, led by government laws and guidelines on the use of government resources.

INTEGRITY: IPOPHL acts with moral bravery, honesty, and decency in the fulfillment of its responsibilities, avoids conflicts of interest, follows the professional code of ethics, practices openness and transparency, and serves as a role model for integrity both inside and without IPOPHL.

EXCELLENCE: IPOPHL fosters a culture of excellence throughout the company. Domesticate a quality management system (QMS) to ensure that work procedures are continually improved in order to provide high-quality service and achieve high customer satisfaction. We seek out and participate in events that give opportunities for continual career and self-development, as well as a benchmark from worldwide best practices and new methods to achieve global standards in all areas of IP services.

The Philippines has built an international standards-compliant IP legal framework through IPOPHL and has ratified international agreements, conventions, and protocols, including:

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (since 25 July 2012);

Patent Cooperation Treaty (PCT) (since 17 August 2001);

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (since 1 January 1995);

Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (since 25 September 1984);

Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Purposes of Patent Procedure (since 21 October 1981);

Convention Establishing the World Intellectual Property Organization (the WIPO Convention) (since 14 July 1980);

Paris Convention for the Protection of Industrial Property (since 27 September 1965)

Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities’ (since 18 March 2019) and;

Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) (since 1 August 1951).

OVERVIEW OF THE IPOPHL IP SYSTEM

IPOPHL IP functions can be broken into three components:

Registration and protection system: IPOPHL's trademark, design, and patent registration framework, as well as associated utilities, are all managed through this system.

The commercialization of IP: These are the numerous IP contractual arrangements, such as licensing and assignments.

Enforcement: criminal and civil courts and administrative routes. The IPOPHL's IP Enforcement Office (IEO) is in charge of the administrative procedure. After filing a complaint with the IEO, right holders and their associates can work with the IEO to determine the best course of action for enforcing their IP rights. The IPOPHL's Bureau of Legal Affairs (BLA) may help you with administrative remedies. The BLA has jurisdiction over administrative complaints alleging infringement of intellectual property rights with total damages of at least two hundred thousand pesos (Php 200,000). It also has the authority to imprison and punish anyone who disobeys orders or writs issued throughout the course of the proceedings for contempt.

Through the application of these principles, the IPOPHL Intellectual Property Rights Enforcement Office (IEO) can also accept accusations including blatant counterfeiting and piracy:

The IP Code – sets out the remedies available to the complainant;

Rules and Regulations on Administrative Complaints for Violation of Law Involving IP Rights (IPV Rules), as amended;

The Rules of Procedure for IPR Cases, which apply in supplementary character to the IPV Rules; and

The Rules of Court, which also apply in supplementary character to the IPV Rules. For cases filed with the IEO, the Rules and Regulations on Enforcement of IPOPHL apply.

THE PRESENT

IPOPHL's mandate includes collaborating with other government agencies such as the Department of Trade and Industry (DTI) and the Department of Science and Technology (DOST) to raise IP awareness among entrepreneurs, micro, small and medium enterprises (MSMEs), associations, startups, creators, and inventors, with the goal of increasing IP's role in the nation's economic growth and wealth for right holders. They devised several IP training systems to suit their requirements;

IP Academy the Intellectual Property (IP) Academy: This academy serves as a national resource for acquiring IP information, publishing it, and conducting research and development.

WinIP: The pilot group of Women in IP was admitted in June 2016. The women were selected from among the members of the National Committee on Intellectual Property Rights (NCIPR) agency, with the goal of expanding the scope to include women from other government agencies, universities, research institutions, non-governmental organizations, and the private sector.

Young IP Advocate (YIPA): This training programme, which began in 2013, is aimed at secondary school students in the Philippines. Students from 77 schools in Cagayan de Oro, Cebu, Baguio, Metro Manila, Davao, and Iloilo are among its members, with IP clubs founded in several of these schools focusing on IP initiatives.

Learn, be Empowered, Adopt, and Profit from IP Virtually (iLEAP IP): This is a free weekly introduction webinar series on trademarks, copyright, patents, utility models, and industrial designs on an e-learning platform. It is aimed at the general public and includes resources from the DITTB and BCRR.

Trade fair: Since 2006, IPOPHL has participated in trade shows and displays aimed at SMEs. It offers IP advice through information officers stationed at the IPOPHL booth during the event.

IP Awards: The GAWAD YAMANG ISIP IP Award is the Philippines' most prestigious Intellectual Property award, and it seeks to encourage the innovative use of the IP system in support of the country's creative economy, as well as act as an IPOPHL promotional tool for IP awareness, goodwill, and brand retention.

Innovative works

As a service-oriented organization, IPOPHL developed the Communications and Marketing Office (CMO) to expand its online presence and adapt to new means of connecting with the public. This unit is responsible for developing and implementing social media awareness initiatives that promote IPOPHL's online presence; Facebook, Twitter, LinkedIn, and Instagram @IPOPHL and a Website: www.ipophil.gov.ph.

In December 2019, the IPOPHL released the National IP Strategy (NIPS), which describes the IPOPHL's aims and initiatives as an agency leading IP rights protection and encouraging Philippine innovation and creativity. The two innovation legislation was signed into law in April 2019, prompting the NIPS release.

In November 2019, IPOPHL published opinions on a proposed modification to the IP Code, which was last amended in 2013. The following modifications were suggested:

Among other things, there is a provision for landlord responsibility and contributory culpability in the event of trademark infringement.

The National Council on Intellectual Property Rights was established by a legislative proclamation rather than an executive decree, and the Sub-Committee on Enforcement Intellectual Property Rights in the Digital Environment was created to meet the demand for digital IP enforcement.

Improvements to the Customs IP border protection system, including proof of seizures of imported, counterfeited branded items registered with Customs are noteworthy steps toward a state free of counterfeited goods.

Unfortunately, this was short-lived, as the United States Trade Representative (USTR) Special 301 Report 2020 noted the Organization for Economic Co-operation and Development (OECD) conclusions that the Philippines is one of the world's main sources of counterfeit pharmaceuticals. The Philippines was also named as a likely supplier of fake medications, footwear, leather products, and bags in a similar article with the European Union Intellectual Property Office.

CONCLUSION

It's no surprise that the IPOPHL's creative actions have won it a WIPO designation as a designated state for the filing of international trademarks. As a result, an IP Registry that takes steps to develop IP in accordance with international best practices and in accordance with the World Intellectual Property Organization's (WIPO) objectives and mandates will improve its performance index, international participation, and chances of becoming a WIPO designated state or attracting other WIPO partnerships and funding.

By working under the Office of the President, the IPOPHL preserves an unusual appellation, surrendering impact and power not seen in most other countries. This should be copied throughout the world in order to develop a robust global IP system. The duties of IP state agencies should likewise have a broad scope that includes registration, protection, enforcement, commercialization, and policy formation, among other things. A concerted government effort to support the objectives and goals of IP state offices in addressing the sector's increasing issues. Countries should form a special committee, chaired by the president, to support IP development and administration. The IPOPHL is unquestionably state-of-the-art, and it has earned respect for its nomenclature, structure, and functionality.https://www.brealant.com/

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Understanding Copyright Protection

Authors, poets, artists, and film creators, among others, have their rights to their original works protected by copyright law. A work must be “fixed in a physical medium of expression” to qualify for copyright protection. This implies that the work must exist in some physical form for at least some time, regardless of how fleeting. Any kind of expression can be considered a physical medium.

Furthermore, the work must be original – that is, it must have been made by the author on his or her own. It makes no difference if an author’s work is identical to others’ works or if it is deemed to be deficient in quality, inventiveness, or artistic appeal. Copyright protects the author’s work as long as he or she does not copy from another source.

Finally, a work must be the result of at least some creative effort on the part of its creator in order to get copyright protection. There is no hard and fast rule when it comes to how much inventiveness is sufficient. For instance, a work must be more creative than the white pages of a telephone book, which consist of an alphabetical listing of phone numbers rather than a creative selection of entries.

You can register your copyright with the United States Copyright Office if certain pre-requisites are met. This establishes a presumption of ownership and permits you to file a lawsuit in federal court against infringers. Authors have some exclusive rights to their work under copyright law. The exclusive right to duplicate or resell the work is one of these rights.

A cartoonist with a website, for example, would almost probably be eligible for copyright protection. The cartoons are unique and, at the very least, creative.

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When should an application for federal trademark registration be filed?

Federal trademark registration in the United States is a significant commercial asset. It is how consumers distinguish your goods and services from your competitors in the marketplace. It's also useful in discouraging competitors from utilizing trademarks that are confusingly similar to yours.

What is a Trademark, and when do you have one?

A trademark is, in essence, a brand name. It symbolizes a brand's goodwill and relationship with certain goods and services in the eyes of a consumer. For example, Apple enjoys enormous customer goodwill for its Apple brand, which is used on consumer goods such as personal computers, iPads, and the iPhone. The federal registration of a trademark or potential trademark assures that the trademark and its related goodwill are protected and acknowledged nationally. A trademark might be a word, phrase, logo, sound, or color.

How do I apply for federal trademark registration?

You can register your trademark application online at the USPTO website using either:

the Trademark Electronic Application Method (TEAS) for $400 per trademark class; or

an abridged application system is known as TEAS PLUS for $225 per class. A printed application form can also be mailed for $375 per class.

View the whole schedule of trademark costs here, and keep in mind that the exact rates do change annually.

Registration is a reasonably simple process for the majority of trademark applicants. When filling out the application, you must:

describe your trademark or service mark (often referred to as "marks"),

state when it was first used (as in, the date when you first used the mark to signify your company, products, or services in the marketplace),

describe the products or services on which the mark will be used, and

suggest the classification under which the mark should be registered (there are 45 different trademark classes for goods and services; the online help provided by the USPTO can help you figure out which classification is right for your mark).

Furthermore, your submission must include:

a "drawing" of your mark (for word marks, type the word; for graphic marks, you can include a photo file of graphic images)

examples of how your suggestedark is utilized; and • the registration price (in 2019, $225 per class using TEAS PLUS, or m $400 per class using TEAS).

What types of trademarks are ineligible for federal registration?

Trademark examiners rigorously scrutinize trademark applications at the USPTO before they are awarded. Remember that not every trademark you apply for will be authorized. The USPTO will not register any marks that include the words:

names of living persons, unless they have given their consent;

the American flag;

other federal and local governmental emblems (such as federal department seals);

the name or likeness of a deceased U.S. President, unless their widow(er) has given consent or

words or symbols that disparage living or deceased persons, institutions, beliefs, or national symbols.

What happens once the USPTO finds a mark qualified for federal registration?

The trademark is published in the Official Gazette by the USPTO (an online publication of the USPTO). The trademark is listed as a candidate for registration in the Gazette, giving current trademark owners the option to oppose the registration.

If someone objects, the USPTO will hold a hearing to resolve the disagreement. If no one objects, you should hear from the USPTO within a year. The entire time it takes to complete an application can range from a year to several years, depending on the foundation for filing and the legal concerns that may develop during the application's review. (For example, if another firm contests your application, the schedule will be considerably extended.)

To keep a federally registered trademark active, the owner must file a declaration of ongoing use and, eventually, a renewal application. If a statement of incontestability is filed, the owner gains extra rights. All of these papers may be submitted electronically. However, when these statements are due, the USPTO does not inform the trademark owner, and federal registration is terminated if not filed on time.

How long does a federal trademark registration last?

When a trademark or service mark is registered on the Principal Register of the United States Patent and Trademark Office (USPTO), the owner obtains a certificate of registration valid for 10 years.

The registration may lapse before the ten-year period finishes unless the owner files a declaration (called a Section 8 Declaration) within six years of the registration date, declaring that the mark is still in use in commerce.

If the owner submits the proper renewal applications (known as a Section 9 Declaration) with the USPTO, the initial registration can be extended forever for subsequent ten-year periods.

Failure to renew a registration does not result in the loss of all rights to the mark; nevertheless, if the owner fails to re-register, the particular benefits of federal registration are forfeited.

Why do federally register if trademark rights exist without registration?

Many businesses, particularly those that operate only locally, may not perceive the need to pursue federal registration of their prospective trademarks. Such businesses may be satisfied with state trademark legislation and common law protections. However, in this day and age, where even the smallest and most local enterprises are obliged to provide their products and services online, "local" entities are routinely driven into the national and worldwide marketplace of the Internet. On the Internet, common law safeguards may be insufficient to shield a brand from opportunistic rivals and even cyber-squatters asking for cash for releasing a domain name that a local corporation failed to register.

One of the most important reasons to register for federal trademark registration in this day and age is to secure the best degree of protection available for a domain name. The owner of a federally registered mark receives priority consideration in any domain name dispute brought before the Internet Corporation for Assigning Names and Numbers (ICANN). Thus, by registering your mark, you are not only safeguarding your brand from those who may attempt to utilize or abuse your brand's goodwill, but you are also helping to secure your capacity to use that brand designation as a domain name over others who would seek its unethical use.

However, in the end, the essential purpose of registering a mark with the United States Patent and Trademark Office is to notify customers and prospective competitors that your mark is federally protected. Once registered, you may use the registered trademark symbol (®) to signify that your mark is, in fact, a registered trademark. This serves as a warning to potential competitors who infringe on your trademark. In addition, you have the legal right to bring a federal trademark infringement case and seek redress due to their violation. These remedies may include the infringer's profits, other damages, and, in rare situations, treble damages, and legal costs. These enhanced remedies are typically unavailable for unregistered, common-law trademarks.

Thus, given the very low cost of filing for registration vs. all of the benefits that registration confers to the trademark owner, we normally advocate federal registration for the great majority of organizations, enterprises, and even individuals. https://www.trademark.net.ph/

[lisapaulsblog]

Whether a non-provisional or provisional patent application was submitted determines what occurs next. If a non-provisional patent application is filed, the patent office will put your application in a queue to be reviewed by a Patent Examiner after receiving the entire patent application.