An overview of the basics of US trademark law for entrepreneurs, business people, and creative professionals. "What Is a Trademark?" includes the following:
A brief definition of trademarks.
Definitions of the other forms of intellectual property (copyright, patent, and trade secrets).
Types of trademarks.
What's trade dress?
How are trademark rights acquired?
Trademark registration, and what do those symbols ™ and ® mean, anyway?
How long do trademark rights last?
For more information, please go to LizerbramLaw.com
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others
The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities....
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others
The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities....
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
Procedure For Registration Of Trademark In IndiaStartupwala
Procedure for Registration of Trademark in India, How to register trademark in India Guide, Brand and logo protection in India, registration of logo in India, How to apply for your TRADEMARK in India, Why to file Trademark, benefits of trademark application.
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
intellectual Property Rights [Industrial design]Anil Kumar
Industrial Design protection is a type of intellectual property right that gives the exclusive right to make, sell, and use articles that embody the protected design, to selected people only. Protection rights are provided for a period of 10 years.
A geographical indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country)
Examples: Basmati rice, Swiss watches etc
Indian Trademarks Act presentation with case study of
1. Amul vs Ichhamati Co-Operative Milk Producers Union Limited
2. SBL Limited v. Himalaya Drug Company
3. Colgate Pamolive Co vs Anchor Health and Beauty care
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
Procedure For Registration Of Trademark In IndiaStartupwala
Procedure for Registration of Trademark in India, How to register trademark in India Guide, Brand and logo protection in India, registration of logo in India, How to apply for your TRADEMARK in India, Why to file Trademark, benefits of trademark application.
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
intellectual Property Rights [Industrial design]Anil Kumar
Industrial Design protection is a type of intellectual property right that gives the exclusive right to make, sell, and use articles that embody the protected design, to selected people only. Protection rights are provided for a period of 10 years.
A geographical indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country)
Examples: Basmati rice, Swiss watches etc
Indian Trademarks Act presentation with case study of
1. Amul vs Ichhamati Co-Operative Milk Producers Union Limited
2. SBL Limited v. Himalaya Drug Company
3. Colgate Pamolive Co vs Anchor Health and Beauty care
Intellectual Property Rights In India: Patents Trademarks And Copyrights JRA & Associates
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.
What do businesses need to know about Intellectual Property? This presentation covers the basics of Trade Secrets, Patents, Trademarks, and Copyrights for entrepreneurs, business owners, freelancers, and creative professionals.
IPR (Intellectual Property Right) Type :- Trademark
Trademark is one of the type of IPR.
Trademark is helpful for maintain Rights against Mark(logo).
In this presentation, we describe the full process of Trademark Registration.
If you like my work then please like the ppt and comment your review.
Thank You.
What’s in a Name? Everything! Trademark and Copyright EssentialsJason Springer
Your company name, your slogan and the goodwill of your customers are critical to elevating your bottom line. This free seminar will show you how to protect, leverage and capitalize on these valuable assets, and provide useful tips on protecting and enforcing your rights as a business owner.
Intellectual Property Rights are legal rights governing the use of creations of the human mind. The recognition and protection of these rights is of recent origin. Patents, designs and trademarks are considered as industrial property.
The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules made thereunder. It acts as a resource and information Centre and is a facilitator in matters relating to trademarks in the country.
The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trademark for goods and services and also to prevent fraudulent use of the mark.
The main function of the Registry is to register trademarks which qualify for registration as per provisions of the Trade Marks Act and Rules, and to maintain the Register of trademarks.
Trademarks, copyrights, and patents are important elements of your business. Without protecting them, you may lose your business, your ideas may be stolen, or your products may be copied. This booklet provides useful basic information about trademarks, copyrights, and patents, and can serve as a good foundation for further discussions with your intellectual property lawyer.
Trademarks, copyrights and patents are important elements of your business. Without protecting them, your ideas may be stolen, your products may be copied, and you may even lose your business. This booklet not only provides useful basic information about trademarks, copyrights and patents, but outlines answers to frequently asked questions about litigation should that ever be a consideration. This information can serve as a good foundation for further discussions with your intellectual property lawyer.
Branding for Growth: Using Intellectual Property to Grow Your Businessnextfab
Follow up slides from Penn Law’s Entrepreneurship Legal Clinic at NextFab event.
http://nextfab.ticketleap.com/penn-law-entrepreneurial-legal-clinic-at-nextfab/details
Watching your invention or any idea to be under someone else’s ownership, be it a book or a machine. So, you start considering the options to get copyright, patent or trademark for your product and legally have the authority. But what should you opt for? Should you trademark your product or get a patent for it? Don’t worry as after reading this guide on Copyright Vs Trademark Vs Patent.
3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
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Kyiv PMDay 2024 Summer
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Youtube – https://www.youtube.com/startuplviv
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Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
Have you ever heard that user-generated content or video testimonials can take your brand to the next level? We will explore how you can effectively use video testimonials to leverage and boost your sales, content strategy, and increase your CRM data.🤯
We will dig deeper into:
1. How to capture video testimonials that convert from your audience 🎥
2. How to leverage your testimonials to boost your sales 💲
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Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
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➢ Winner [CROSS] Tour in HCM
➢ Super Show 9 in HCM with Super Junior
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➢ Korean Vietnam Partnership - Fair with LG
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➢ Vietnam Food Expo with Lotte Wellfood
"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
Improving profitability for small businessBen Wann
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Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
2. Other Forms of Intellectual Property (We’ll Get
to Trademarks on the Next Slide)
• Copyright protects original works of authorship, including literary,
dramatic, musical, and artistic works. Copyright law protects the
form of expression - the underlying ideas are not copyrightable.
• A Patent for an invention is the grant of a property
right to the inventor.
• A Trade Secret is a piece of information, not generally known or
reasonably ascertainable, that gives a business an economic
advantage over its competitors.
3. OK, So What’s a Trademark?
• A Trademark is anything that identifies and distinguishes the source
of the goods or services of one party from those of others.
• Most trademarks are comprised of words, images, or a combination
of the two, but anything that can identify the source of goods or
services can be a trademark.
• The core purpose of trademark law is to allow consumers to have
confidence in the accuracy of labels and other information that tells
them where goods or services come from. This allows the market to
build trust in the consistent quality of brands.
4. Types of Trademarks:
Word Marks
• Word marks are perhaps the most common type of trademark.
• Word marks can be made up of anything from a single letter or
numeral to a long sequence of words.
• Business Names: FORD, MICROSOFT, MCDONALD’S
• Brand Names: MUSTANG, WINDOWS, BIG MAC
• Slogans: “JUST DO IT.”
• Tip: Word marks are typically expressed in ALL CAPS.
5. Types of Trademarks:
Design Marks
• Design marks can be logos, character designs, or any other type of
image that identifies the source of goods or services.
• Some design marks also include text, numerals, or other characters.
6. Types of Trademarks:
Nontraditional Trademarks
• Nontraditional trademarks can be colors, sounds, or anything else that is a
source identifier.
• Color trademarks include UPS’ brown, Tiffany’s blue, and T-Mobile’s magenta –
note that the protection for those colors extends only to similar goods and
services; they do not “own” the colors in any other context.
• Sound trademarks include Yahoo’s “Yodel,” NBC’s “Chimes,” and THX’s
“Deep Note.”
• The mark must not be a functional feature of the good or service. Sometimes
it is difficult to prove non-functionality. For more information on the issue of
“functionality,” go to: http://lizerbramlaw.com/blog/2012/05/16/hershey-bars-
and-functional-trademarks/
7. Trade Dress
• Trade Dress protection attaches to the overall look and feel of a business or product.
• Common examples of trade dress include the distinctive appearance of certain chain
restaurants (McDonald’s) or retail stores (Apple stores). Trade dress can also refer to a
product’s distinctive packaging (although it must be non-functional), or unique elements
associated with the product’s design.
• A claim of trade dress infringement requires the following elements to be proven:
• The trade dress is non-functional – competitors do not need to use the trade dress in
order to compete effectively.
• The trade dress is either inherently distinctive or has acquired distinctiveness over time.
• The alleged infringement creates a likelihood of confusion on the part of customers.
8. What’s the Difference Between a
Trademark and a Service Mark?
• In some cases, the term “service mark” is used to identify and
distinguish the source of a service rather than a product.
• However, the terms “service mark” and “trademark” are often used
interchangeably.
• When in doubt, simply use the word “trademark” when referring to a
product or service.
9. How are Trademark Rights
Acquired?
• Trademark rights are acquired through use of the
mark in commerce.
• If you use a mark in commerce to identify your goods
or services, you may acquire common law rights in that mark even if
you never register the mark with any state or Federal agency.
• However, without registration, those rights may be difficult to prove,
or may be limited geographically or in other ways.
10. Trademark Registration
• In the United States, the owner of a trademark used
in interstate commerce has the opportunity to register
the mark with the United States Patent and
Trademark Office (USPTO).
• Owning a federal trademark registration provides several
advantages, including creating a legal record of ownership and
the date of filing, providing the opportunity to protect your rights in
Federal court, and the opportunity to pursue to substantial money
damages in the case of infringement.
• Although most contemporary trademark registrations are Federal,
there are also State trademark offices that are useful in some
circumstances.
11. The ® and ™ Symbols
• ™ is the common law trademark symbol. It can be attached to any
mark where the owner is claiming trademark rights in good faith.
• ® may only be used when the USPTO has issued an active Certificate
of Registration.
• Use of ® without a registration is fraud under Federal law.
12. How Long Do Trademark Rights
Last?
• Once a trademark has been used in commerce, as long as the owner
continues to use it, the legal rights can last forever.
• Some trademarks have been in continuous use for hundreds of years.
• Trademark rights can be lost or “abandoned” when they are not used
in commerce for a period of time. The common rule of thumb is that
abandonment occurs after three years of nonuse – however, there
are exceptions. Never assume that a mark has been abandoned (and
is therefore free to use) without conducting thorough due diligence.
13. Prepared and Presented By:
David Lizerbram
David Lizerbram & Associates®
www.LizerbramLaw.com
Twitter: @DavidLizerbram
Direct Phone: (619) 517-2272
3180 University Avenue, Suite 260
San Diego, California 92104
14. Final Note: This Presentation is
Not Legal Advice
I am not your attorney. Nothing in this presentation should be taken as
legal advice. This is simply general information that may be helpful.
Consult an attorney if you have any specific questions or concerns.