UNDERSTANDING TRADEMARKS
A Trademark Can Help Distinguish Your Product in the Marketplace.
By Ken Tarlow
A trademark is either a word, phrase, symbol, or design, or combination thereof, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.
It's wise to check to see if the name you want to use for your product has already been taken. You can do a trademark search yourself at your local patent library. Once you know the name is clear, you can visit the patent and trademark website for the necessary forms.
All applicants must include a drawing page, or the application will be denied a filing date and returned to the applicant. The Patent and Trademark Office (PTO) uses the drawing to file the mark in the PTO search records and to print the mark in the Official Gazette and on the registration.
The drawing must be on pure white, durable, non-shiny paper, approximately 8 1/2 by 11 inches in size. There must be at least a one-inch margin on the sides, top and bottom of the page, and at least one inch between the heading and the display of the mark.
At the top of the drawing, there must be a heading, listing on separate lines, the applicant's complete name, address, the goods and services specified in the application, and in applications based on use in commerce, the date of first use of the mark and the date of first use of the mark in commerce. This heading should be typed. If the drawing is in special form, the heading should include a description of the essential elements of the mark.
The drawing of the mark should appear at the center of the page. The drawing of the mark may be typewritten, or it may be in special form.
It the mark includes words, numbers, or letters, the applicant can usually elect to submit either a typewritten or a special form drawing. If the applicant wishes to register a mark consisting of only words, letters or numbers, without indicating any particular style of design, the applicant may provide a typewritten drawing. In a typewritten drawing, the mark must be typed entirely in CAPITAL LETTERS, even if the mark, as used, includes lowercase letters.
If the applicant wishes to register a word mark in the form in which it is actually used or intended to be used in commerce, or any mark including a design, the applicant must submit a special form drawing. In a special form drawing, the mark must not be larger than four inches by four inches. If the display of the mark is larger than that, the application will be denied a filing date and returned to the applicant.
The mark in a special form drawing MUST BE IDENTICAL TO THE DISPLAY OF THE MARK ON THE SPECIMENS. However, the drawing must appear only in black and white, with every line and letter black and clear. No color or gray is allowed.
The above article was excerpted from Ken Tarlow's MIND TO MONEY, a workbook package that can help you develop a new product from the idea stage to the marketplace. MIND TO MONEY may be ordered from the Dream Merchant at $59.95 plus $4.95 CA sales tax and$5 shipping and handling ($69.90 total). Send orders to the Dream Merchant, 2309 Torrance Blvd., Suite 104, Torrance, CA 90501.
|
|
Index |
 |
Idea Help |
|
 |
 |
 |
 |
 |