How Do You Get a Trademark?

!±8± How Do You Get a Trademark?

While some individuals choose to hire attorneys to walk them through the process of applying for a trademark, others choose to use a trademark research firm, which can cost thousands of dollars less. It is important to remember when hiring someone to do your research that they not only search through Federal and State trademark records for name similarities, but also Common-Law listings.

Many people are under the impression that they can perform their own comprehensive search utilizing the help of search engines, in addition to the United States Patent and Trademark Office (herein referred to as the USPTO). While it is a good idea to become familiar with the USPTO website, individuals sometimes believe that the data they collect from this website is truly representative of the trademarked names which are currently being used. The USPTO's website is never a thorough way to search the name you're hoping to trademark! The website is not updated regularly, and in addition to this, you can ONLY search Federal trademark records on the USPTO, NOT State trademark records OR Common-Law records!

It is imperative to search Federal and State trademark records AND Common-Law records because it is the only way to ensure that your search was done in a comprehensive manner. Federal and State trademarks records are looking at businesses that have either a federally registered trademark, or those who have registered a state trademark. When these records are searched, any federal or state trademarks that are either pending or registered will be visible to the researcher. Common-Law records examine those businesses who are in business but not have necessarily filed for a Federal or a State trademark. When Common-Law records are searched, thousands upon thousands of newspaper articles, city business listings, periodicals, incorporation listings, DBAs, LLCs, etc. are examined for any name similarities. Although such businesses do not have a trademark, they might have "first-use rights" to the name. This could mean that they still have ownership over the name within their trade area AND the capacity to take legal recourse if they determine that your name and business is the same, or similar.

If the research proves clear, the next step is to prepare and file the application. This can be done by anyone; however, the USPTO is very particular about how the application is prepared, so it's best to leave it to professionals.

Three Steps -- Federal & State trademark search, US National Common-Law search and Application Preparation & Filing - and the Trademark could be YOURS!

How Do You Get a Trademark?

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Franchise Agreement PDF, A Sample Document

!±8± Franchise Agreement PDF, A Sample Document

How To Write A Franchise Agreement

A Franchise Agreement PDF example is the best way to write your own franchise agreement. The downloadable format will take you step by step through the intricate process of writing a franchise agreement in accordance with all FTC standards. There are a lot of these examples to choose from online but finding the one that is right for you will take knowing just what the document should entail.

The franchise agreement is a binding legal contract. It is made between a franchisor and a franchisee and is strictly enforced at the state level. Each state has its own laws governing franchise agreement contracts. The contents of a franchise agreement can vary from state to state and business to business. Whether you have a lawyer prepare your franchise agreement or build your own from a franchise agreement Pdf, below are a few of the things that must be present in any PDF that you are considering:

Franchisor's Obligations - the document must explain what assistance will be given by the franchise to the new franchisee. This includes operational assistance, advertising, site, marketing research, and programs.

The Franchisor, Affiliates and Predecessors -the document has to show the nature of the business and a complete history of the business. It must also disclose corporate history, and mergers or acquisitions if applicable.

Business Experience - the key personnel must be identified and all affiliates that will be an integral part of the new franchise. This disclosure must also include each individual's business experience for five years.

Bankruptcy - it must be noted if the company or its officials have filed for bankruptcy. This information must be for the previous 15 years. If so, what were the circumstances and disposition of the filing?

Initial franchise fees - an estimate of all fees to be incurred by the franchisee must be given. This is to include the initial asking price and how the money will be used. If the franchisee will be able to get a refund in the event the deal fails should also be in writing.

Litigation - any litigation whether civil or criminal must be in the disclosure agreement. This is needed for all officers, owner/operators, directors and other executives.

Other Fees - full disclosure funds the franchisee is expected to pay out, not limited to but including advertising, royalties, training, and insurance.

Initial Investment - there will be other costs aside from the initial franchise fee and this must be estimated and disclosed to give the franchisee an idea of the true cost of doing business. This includes estimates for furniture, supplies, equipment, real estate and starting capital.

Restrictions/Obligations - if the franchise has any designated sources for equipment, supplies and other services this must be included in the franchise agreement. For instance with McDonald's, Martin Brauer is the only Transport Company allowed to be used by its franchisees.

Franchisee's Obligations - specific details must be included if the franchisee has to lease or buy equipment. If you have a designated supplier for this you have to include their information as well.

Financing - what, if any, financing you as franchisor are extending to the franchisee.

Territory - describes how the territory will be divided. The franchisor must let the franchisee know if the area is to be exclusive, and if not what retention rights does each party hold to the territory.

Trademarks -- must make clear in writing what trade names, logos, trademarks, and any other symbols registered with the U.S. Patent and Trademark Office are solely the property of the franchise.

Participation Obligation - let's the franchisee know how much they personally are expected to be involved it the running of the franchise.

Restrictions on Goods Sold - what restrictions, if any, are there on the types of goods or services that can be sold from the franchise location.

Transfer/Dispute Resolution and Renewal/Termination- this is usually the most difficult section because of its complexity. You must try to anticipate all contingencies and make provision for them.

Public Figures - disclose any public figure that is being paid to promote the franchise. This includes actors, sports figures or local celebrities.

Earnings - the franchisee has a right to know how much profit he/she can expect from the business in the first five years.

Outlets - a record of all the franchisee sold and those that are presently in operation must be given to the franchisee. The list should also include any terminated franchises for 3 years prior to the signing.

Financial Statements - full disclosure means that you have to include a copy your audited financial statements this is to include your income statements for the previous 3 years. This is a state requirement.

Receipt - this is a form that the franchisee can sign acknowledging that they have in fact received the required documentation, this is not an obligation to sign the agreement but just a way to prove to the state that its mandate has been followed.

Franchise Agreement PDF, A Sample Document

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Brands2life tells us about their adventures with the Community Trade Mark protection.

!±8± Brands2life tells us about their adventures with the Community Trade Mark protection.

The OHIM has visited the SME Brands2life, a dynamic UK based PR company. Mr Gareth Thomas, Director, tells about his experiences with the CTM and of the importance of protecting brands.

Brands2life tells us about their adventures with the Community Trade Mark protection.

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Coach Purses-Quality at an Affordable Price

!±8± Coach Purses-Quality at an Affordable Price

Life zips past like a speed machine. Gone are the days when we traveled in a bullock cart to purchase goods to satisfy our limited needs. Today, an age which can well be compared to space age, people have become quality conscious and their needs have increased four folds. This also implies in the world of shopping. If the topic of discussion revolves around purses, you almost always think of Coach Purses. They are smart, trendy, chick, affordable and always in vogue with the latest fashion. In short Coach Purses are for those who look for 'quality at an affordable price'.

If we go back in time a little, say the year 1960, we are sure to bump upon an American designer named Bonnie Cash-ring a bell? No. Well, let me explain. She was the brains behind Miles and Lillian Khan's retail handbag collection, now popularly known as The Coach. With innovative designs akin to the modern sculpture, Bonnie transformed the handbag scenario from the contemporary brown and black, to shades of pink, orange, yellow and blue. From then on, it was a revolution of sorts with all business houses aping her trend.

Renowned for its shape, color and textures, Coach Purses is what a prospective customer considers as a good purchase. If you ask what separates a Coach purse from another, the answer would be, the design, the quality of leather, and the trademark coin pockets on the outside. Talking of the leather, Coach uses a special kind of leather which tends to get softer, supple and stronger with age. Moreover the purses are designed to suit both the office going staff as well as the casual few.

The word purchase is as tricky as its denotation and in order to understand its true sense, you need to first understand that a good buy decorates three separate entities. The first is your body, the second is your mind, and the third, which is also the most important, is your wallet. Once you are familiar with the three, it is time to step into a good store, like say The Coach and dig on your choosiest handbags After all, to believe, you first need to see.

Coach Purses-Quality at an Affordable Price

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Disney Princess and Me Review

!±8± Disney Princess and Me Review

The Disney Princess and Me collection has created breathtakingly beautiful lifelike dolls that every tiny princess, from ages 6 or more, will love to own. These products are manufactured from the best quality components by Jakks Pacific and then trust marked for authenticity. The dolls bring a little girl's treasured princess to life in the reasonable reproduction from the animated films.

This 18 inch toy comes in five different princesses; Tiana out of The Princess and the Frog, Aurora from Sleeping Beauty, Ariel who comes from Little Mermaid, Belle out of Beauty and the Beast and Cinderella. Every doll has a ball gown, fashion footwear, pair of earrings, a pretty tiara, four and a half-inch full-color, little princess magazine, royal request and an honorary princess certificate. They will be price-tagged at a little under dollars.

A fantastic focus on fine detail makes the dolls well worth every penny. Each individual princess' face is hand crafted and based mostly off the original animated picture. They take advantage of Macor eyes that have various hues to imitate a persons eyes and will be of the best quality. For skin, the dolls have a nice matte porcelain coating. The beautiful hand-rooted locks, Kanekalon, is brought in from Japan and is a standard matching that associated with the most costly hair extensions or hairpieces.

The Disney Princess and Me doll will be able to move and pose in a way that permits hours of imaginative play, such as tea parties, great balls and other little princess pursuits which her owner has thought of. The dolls have got half a dozen different ball-joints, positioned in the neck, each shoulder, the waist and the hips for a wide range of movements and mobility.

Remarkable care and attention has been applied to help produce the beautiful ball gowns. Satin, organza, velveteen along with sheer fabrics work together to form the collection. The designers paid painstaking attention to the glittered embellishments and metal trim work. Even more gowns will be readily available to pick up as well as a tea set, closet, four-poster bed and a vanity set.

To ensure authenticity, every doll is stamped by a trademark trust seal of approval. The seal of approval is easily found on the foot. Each gown is also tagged using the same trust stamp. Consumers will likely have no worries that they are investing in an authentic Princess and Me doll.

I'd personally not really recommend the dolls for little girls who are not normally that interested in princesses and dolls. Simply for the reason that they wouldn't get pleasure from the quality and there are numerous other designs of Disney princesses available for a small fraction of the price.

However, such dolls are fantastic for little girls that love just about anything Disney Princess as well as love dolls. This excellent Disney Princess and Me doll is actually an absolute must have addition for collectors and devoted Disney devotees.

Disney Princess and Me Review

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John Paul DeJoria: 2011 Entrepreneurship Conference Keynote

!±8± John Paul DeJoria: 2011 Entrepreneurship Conference Keynote

As part of the 2011 GSB Entrepreneurship Conference, John Paul DeJoria, Founder of John Paul Mitchell Systems and The Patron Spirits Company, delivered a keynote address. John Paul DeJoria's rags-to-riches biography exemplifies the American dream - he is a first generation American turned entrepreneur, philanthropist, government servant, and pillar of the business community. Chapters: 1. How America Still Works www.youtube.com 2. John Paul Mitchell: A Global Company is Born www.youtube.com 3. Starting a Business with Little or No Money www.youtube.com 4. How to Build Your Business www.youtube.com 5. Product Placement and Design www.youtube.com 6. Creative Pricing Strategies www.youtube.com 7. Management Techniques: Maintaining a Loyal Work Force www.youtube.com 8. Maintaining Product Integrity www.youtube.com 9. The Paul Mitchell Culture www.youtube.com 10. Overcoming Obstacles www.youtube.com 11. 'The Four Agreements' www.youtube.com 12. The Ultimate High www.youtube.com 13. From Hair Care to Tequila www.youtube.com 14. Student Q & A: How Street Smarts Lead to Profits www.youtube.com 15. Student Q & A: What Kept You Going? www.youtube.com 16. Student Q & A: Selling the Idea www.youtube.com 17. Student Q & A: Picking the Right Partner www.youtube.com 18. Student Q & A: Timing is Everything www.youtube.com 19. Student Q & A: Hiring the Right Employee www.youtube.com Related Links: www.econference.org http www.gsb.stanford.edu www.gsb.stanford.edu www.gsb.stanford.edu

John Paul DeJoria: 2011 Entrepreneurship Conference Keynote

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Ready-Made Logos - Choose Wisely

!±8± Ready-Made Logos - Choose Wisely

It could be a mixed feeling that you might encounter when deciding on the design of trademark for your firm. Probably, the most essential and tough job is to settle on which particular image should be used so as to strike a right chord with prospective customers. Ready logos are created by professionals of the industry with a generic business name. More often than not they are designed for particular industries and sectors and using them could work well in saving time and cost whilst you as well get a corporate identity in the market. So possibly what is included when we it comes to opting a design out of the given pre-made range? Here are the points to be kept in mind:

Pattern attributes match your business type- Since there are various styles in trademarks from cartoons to the traditional ones and of course some of the in-between mix too, it becomes important to see that what you want to be depicted is being aptly done by the design chosen. If you are successful in choosing the right one then you'd start getting a good response for it as well.

Exclusive design- There is nothing best than taking inspiration and ideas from the pre-made logo designs and then coming up with your own original pattern. A lot of pre-designed logo firms even offer opportunity to buy exclusive rights to a design that has been endorsed by you. Carefully a design is customized to suit your trade and business, with the help of proper selection of hues, fonts and shapes.

Tag lines- Some tag line that is interesting enough for people to remember would add to the possibilities of making your trademark a hit and be recognized easily. Also, a tag line is a means to convey message in the best way possible which in a way lets people know about the work ethics you believe in.

Apt file-type usage- A vector file format is what you'd need for your symbol. This is a format which can be enlarged whilst retaining the quality well in place. This is important because you might require using the design at various places like on stationery items, boards and this format would maintain the right effect of the pattern.

Ready-Made Logos - Choose Wisely

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Renault Fluence Price Review and Specifications

!±8± Renault Fluence Price Review and Specifications

Exterior: The outside is really eye-catching with a totally different design on the front. The grill, chrome and headlamps are really well placed. The boot is really strong with lots of space. The sleek line along the entire stretch of the body gives a sporty aero look. The ground clearance is about 17cms which should surely put some doubts to rest regarding its compatibility with Indian roads.

Interior: It's a nice and refreshes feeling once you are inside. There is good leg space and room. It also has adjustable seats, semi fold-able back seats. The entertainment is given by the USB and Bluetooth connectivity with an MP3 player. Rear blinds, rain senor wipers, light sensor headlamps, neatly positioned spaces for cups and other things, surely one can forget home. The AC is really cool with vents on the rear too and with the option of dual climate control one can be in their own elements irrespective of the outside weather. On the tech side, the Renault Fluence also comes with the option of key-less entry using a smart card and on/off button. Even the boot can accessed using a remote card.

Engine performance, fuel economy and gearbox: Although the automatic gearshifts allow for a smooth ride, there is a bit of noise as the ratios are a bit delayed during the shifting of gears. The company proclaims about a good fuel mileage but fails to live up to a good torque, especially when you want to speed up during overtake. This delay again is largely due to the preset ratios in the CVT engine. The gear box though is smooth as knife passing through butter.

Ride Handling and Safety: The driver will surely have a smooth handling and ride experience. The suspensions are not creaky and are really springy and smooth. The low quality roads and bumpy jumps should be a thing of the past with this baby and even the cabin is exempted from the jumping experience.
Overall this is a nice and neatly done car. The driver will be in for easy handling, really soothing interiors and a great technology to give a great driving experience. Surely one can't just ignore the Fluence. All said and done, it does lack on the power front a bit calling for a manual model which should allow people to take off fast who don't spending some extra fuel.

Renault Fluence is launched in two variants- 2.0L petrol and another 1.4L diesel. The Renault Fluence price in India is Rs14.40 lakh for the 2.0 L petrol CVT Automatic version while the 1.5 L diesel is priced at Rs12.99 lakh ex-showroom in Delhi.

The luxury sedan car from Renault, Fluence might be launched in India with trademark body colors; however there has been no official confirmation regarding the shades.

Unmatched features with advanced options. Good room space and a decent mileage figure to go with it, the Fluence has all the ingredients of becoming the next big thing. Stay tuned for more updates on colors and other specifications.

Renault Fluence Price Review and Specifications

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Tea Party of Fiscal Responsibility Wasting Time & Money on Licensing Fight

!±8± Tea Party of Fiscal Responsibility Wasting Time & Money on Licensing Fight

--A battle is taking place over who has the rights to license Tea Party merchandise, and money is being spent on that instead of on pushing the message of fiscal responsibility in typical hypocrisy. --On the Bonus Show Wikileaks reveals US funding Syria, North Korean magic show propaganda, how to tell if people are lying, more. The David Pakman Show is an internationally syndicated talk radio and television program hosted by David Pakman www.davidpakman.com http www.facebook.com www.twitter.com feeds.feedburner.com 24/7 Voicemail Line & Studio Number: (219)-2DAVIDP Broadcast on April 18, 2011

Tea Party of Fiscal Responsibility Wasting Time & Money on Licensing Fight

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Patent Search - How Much Will it Cost Me?

!±8± Patent Search - How Much Will it Cost Me?

Typically, this type of service generally costs between 0-600.

However, you can visit the web and search for free patent tools to get you started. Imagine:

You have a great idea and think it can make you millions. You start the application process with a Patent Attorney and invest thousands of dollars; only to find out the idea has been on the market for years. Had you done your homework using the free patent tools available on the internet, you would have found this out before ever spending a dollar!

Regarding patent costs, some patents may cost more than 0, depending on the nature of the project and the scope of the research needed to obtain the patent. However, don't let the numbers stop you from making your dream become a reality.

Other patents can be obtained quickly and inexpensively; thus, turning your dream into a reality faster than you ever imagined! Regardless of the outcome of the process, here are a few factors to keep in mind:

1. Once you have performed the search, it's time to step back and evaluate your new idea, invention, product, service, to determine its chance for commercial success. Many factors and attributes of your invention, the prior art, competing or similar products/services should be evaluated as indicators of probable success and whether a window of opportunity is available for your new idea, invention, product, or service.

2. Whether the conclusion of your patent search is favorable or unfavorable, this is not entirely indicative or representative of commercial viability of your invention. In other words, a patented device may not be marketable, and conversely, a non-patentable device may be highly marketable. Never make assumptions in this field.

3. If you have an idea or product, please don't hesitate getting it protected! Too many people wait months or even years; only to find out they already missed the boat, and someone else is cashing in on their idea. Don't let that person be YOU!

Patent Search - How Much Will it Cost Me?

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Protect The Name of your Business Product or Slogan - simple 3 footfall brand course

!±8± Protect The Name of your Business Product or Slogan - simple 3 footfall brand course

www.ProtectTheName.com - After 15 years of doing trademark research for Attorneys, this trademark pro spills the beans. Your name is your most valuable business asset. When you use the name of a business, product or slogan, you are investing in it, more and more, every single day. Imagine the disruption to your business if you suddenly received a cease and desist letter and found out you had stop using your name. You'd probably be out of business or at least suffer a severe financial hit! Unfortunately, protecting your name is confusing and expensive causing most competent and intelligent business people to just do NOTHING... Protect The Name -- Simple 3 step system is here to change that forever! This "Do it Yourself" course will teach you everything you need to know about protecting your name so you can save money not one time, but EVERY TIME you want to protect the name of a Business, Product, or Slogan. For less then the cost of one trademark search, one hour of attorney time, or one trademark registration fee, we will teach you the simple 3 step system attorneys use, and charge thousands of dollars for.

Protect The Name of your Business Product or Slogan - simple 3 footfall brand course

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Trademark Registration - Thinking of Registering A Mark?

!±8± Trademark Registration - Thinking of Registering A Mark?

If you are starting a new business and want to clear the commercial waters for your exclusive use of its name, logo, slogan, color, sound or other identifying device, or you have an existing brand name that you have poured advertising dollars into already and want to make sure your investment is protected as much as possible, then you will want to consider seeking federal registration of your trademark(s). However, before simply throwing money at the U.S. Patent & Trademark Office (PTO) by applying to register your trademarks, and risk spending more time and money down the road, you'll want to do a few things first.

No. 1: Run a quick preliminary search on your own, using the PTO's free TESS online database looking for any direct hits. You are looking for any matches of your mark, but in particular for the parts of the mark that are not obviously descriptive of the good or service. For example, if your business name is Star-Brite Florist, don't worry about every match with the word "florist." This quick search can help you eliminate names right away that you might have wanted to trademark, if they are clearly already taken.

No. 2: Whether you found worrying results or not from this preliminary search, you'll want to find an experienced trademark attorney to evaluate the strength of your mark based on the legal standards of the mark's "inherent distinctiveness" or it having "acquired secondary meaning." Some marks just aren't worth registering because they are too weak.

No. 3: Once you and your trademark attorney decide it's worth looking into registration further, the next step is to conduct a comprehensive search to see if the mark or a similar mark is already registered or if it is unregistered but being used in commerce. By comprehensive, I really do mean comprehensive. Either your attorney can conduct the search on his or her own, or, more likely, the attorney will arrange to have a third-party trademark search company do the search, which is really a combination of searches, including direct hit and analytical searches (similar sound, appearance, etc.) on the federal and state level as well as business directories, yellow pages, ratings companies and more.

Your attorney should evaluate the results of the comprehensive search and write you a legal opinion recommending you pursue registration or not. This legal opinion is your insurance card that you can play if someone later sues you for infringement and your attorney recommended seeking registration, because you can argue that you are an innocent infringer and should therefore not have to pay significant damages in an infringement lawsuit.

No. 4: If your attorney recommends seeking registration, you can have your attorney apply to register the mark, or you can apply for it yourself. If you are going to do it yourself, you should still have an experienced trademark attorney review the application to make sure you've completed it correctly. The cost of having the attorney do the application or review your application is much less than the cost it will be to respond to multiple Office Actions by a PTO Examining Attorney. While there are bound to be some modifications required along the way no matter what, doing it right the first time will minimize the changes necessary.

*This article is for information purposes only and should not be construed as legal advice.

Trademark Registration - Thinking of Registering A Mark?

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