Copyright - WWE : All World Wrestling Entertainment programming, talent names, images, likenesses, slogans, wrestling moves, trademarks, logos and copyrights are the exclusive property of World Wrestling Entertainment, Inc. and its subsidiaries. All other trademarks, logos and copyrights are the property of their respective owners. © 2011 World Wrestling Entertainment, Inc. All Rights Reserved
Tuesday, November 29, 2011
Saturday, November 26, 2011
How to Trademark a Company or Product Name
CatchwordBranding.com How to choose a strong and available trademark for your company or product, presented by naming expert Mark Skoultchi. Check out our other "How To" videos!
Tuesday, November 22, 2011
How to Trademark a Name
A name that is to be trademarked can be a slogan, name of the company or its products. The trademark name plays a major role as it represents a perfect identity to the product or a company. The trademark name can also be termed as trade name. The most important aspect of the trade name is that it should be distinct from the other names. It should not be alike or sound the same as the other trade name, if so the trade name will not be registered.
The name that is to be trademarked, should first undergo a trademark search which can be done through the official IPIndia website and the search can be made through the link in the IPIndia website. To begin with the search it is necessary to first make the registration process. The registration can either me made online or can be made directly in the trademark office. The fees for the search for a single class will be Rs 400/-. After the payment, the client or the trademark attorney will receive a user name and a password through which a detailed search can be made. The search can be made only for fifteen minutes after which the process will be automatically logged off. The search will provide the user the complete details of the trade name.
Once the search is over, the user can make sure that he/she can register the name. This can be done by filing form 1 and form 2 (for convention country) with a prescribed fee of Rs 2,500/- (Two Thousand Five Hundred Only) each. The registration form should be made in triplet and the representation should be made five in number. The trademark registration form should contain details such as the name, address, nationality, state and country of the proprietor of the trade name. Incomplete forms will not be considered by the officials.
The name trademark which is registered in India may be granted, issued for examination or opposed. This can be viewed by visiting the above mentioned website, where the status of the trademark can be viewed by entering the application number of the trademark that was registered. A notification of the same will also be sent through letter by the patent office.
The name trademark that is registered in India can have the symbol ® (for those who are the proprietor the trademark, it would be unlawful if a person who is not a proprietor uses such symbol) ™ (can be used just to mention that he/she is a proprietor of the trademark, but its not unlawful to use)
The name trademark registration can be made by the trademark attorney who will follow out the procedure to register a trademark, notification of opposition if any, to prepare trademark responses and other necessary legal information related to trademark or service mark.
The trademark that is registered can make the business of the proprietor as a secured one. The can be people who can rely upon the products whose name is a registered trademark. Even if there are other confusing marks with that of your name, the registration of trademark will make it a point to keep your product away form any infringement cases and thus prevent any loss to your company and to your business.
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Sunday, November 6, 2011
Trademark a Slogan And You Can Protect Your Rights
Copyrights and patents are, at least in theory, granted for one-off fixed terms. On the other hand, trademarks are valid as long as the trademark owner actively defends and uses them.
However, the owner must maintain his or her trademark registration with their state's trademark registry. Often there will be a periodic renewal fee involved.
In the United States patents and copyrights eventually expire and become part of the public domain, but trademarks don't.
A trademark is a distinctive symbol, phrase, name, style, picture, or design that a business uses to identify its products and itself to the public. If the business offers a service instead of a product then the trademark is also known as a service mark.
Trademark law has been established to protect consumers from being deceived or confused about the quality and the origin off a product. The trademark owner does this by stopping his or her competitors from using their mark or a trademark that people are likely to confuse with theirs.
This could happen if, for example, another tissue manufacturer calls itself "Kleenex" or if the name is sufficiently similar. This would be the case, for example, if a beer company tries to imitate "Budweiser" and calls itself "Badweiser."
Trademarks are protected when the law permits trademark owners to prevent competitors from infringing on their marks by using marks that are confusingly similar. Although it isn't necessary to show that infringement was intentional, if it can be proven that there was the intent to deceive then the settlement for an infringement lawsuit can be greater.
Trademarks aren't strictly treated as property because some words have to remain free in order to describe or to identify a general class of products. Therefore, generic terms won't be protected. For example, you if you owned the trademark for "Apple" you couldn't use it as a trademark for the fruit.
The trademarks that can be most easily protected are those that use invented words, such as "Polaroid."
In addition, if a trademark identifies the source of services or goods, it can help the consumer to identify those goods and services which meet their expectations. Because trademarks fix responsibility they are an incentive for companies to maintain their good reputations and the quality of their products.
If quality is not consistent then it can lead to the mark being abandoned. If so the law won't continue to protect the trademark because it no longer functions as the indicator of that particular product.
Abandonment of a trademark can also happen by "naked licensing." This happens when the owner grants rights for someone else to use the mark but doesn't sufficiently control when or how they can use it. If that happens then the trademark would be released for general use.
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