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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