Patents & Trademarks Questions for ip

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Statistics USPTO vs. WIPO

Statistics USPTO vs. WIPO

In Trademark Registration    -  updated on 11/11/2009
Hi, I´m a knowledge economics researcher and, making some graphs, I found that the numbers of trademarks registered are quite different in the USPTO and in  the US row of the WIPO -the difference isn´t based on the register office, or the Madrid System, as far as I know. The former data seems better, but it only goes back to 1974. The WIPO information, conversely, starts in 1883. So
a) Can somebody share with me the numbers of trademarks registered by the USPTO in the peri...
International Trademark Infringement / IP rights?

International Trademark Infringement / IP rights?

In International Trademarks    -  updated on 11/11/2009
I launched a website about a year ago selling one single product (for exemple: photo books).
A bigger company located in the UK sent me a letter (from the CEO, no attorneys yet) stating that they own the Intellectual Property rights of this product.
They have been in business many years before me and have partnerships with big US websites. They state owning the IP rights, Copyright, general goodwill, visual effect and use of the term "PhotoBooks". After checking, I do see ...
Current 3L w/no job offers - IP LLM worthwhile option?

Current 3L w/no job offers - IP LLM worthwhile option?

In Copyright vs. Trademark    -  updated on 11/11/2009
I'm a 3L and will graduate in May 2009.  My main interests are in copyright/trademark law but I have not yet been able to get any solid job offers for post-graduation.  I have contemplated applying for an LLM in Intellectual Property law, both to wait out the economic downturn and no-offer period, and also to gain more expertise in IP law.  Does this sound like a worthwhile option - I am hopeful that employers would look favorably on the IP LLM.  However, I'm uns...
Acronym of merely descriptive phrase

Acronym of merely descriptive phrase

In Can I Trademark it?    -  updated on 11/11/2009
Have an issue with a client re: moving forward with TM protection and was interested in any advice/opinions people wanted to throw out.

Client has a mark that is an acronym of what I'm pretty sure would be considered a merely descriptive phrase.  (The phrase is essentially [adjective] [adjective] [adjective] [noun], with noun being the generic name of the good.)  The acronym itself is a standard English word, but sufficiently un-linkable to the goods on which it appe...
Can a multi-class application be divided after receipt of a Final OA?

Can a multi-class application be divided after receipt of a Final OA?

In Trademark Office Action Responses    -  updated on 11/11/2009
Post Final OA issuance, can a multi-class, use-based application be divided out into two applications - two classes remaining as use-based and one class reassigned as an ITU?  The non-final action stated the option of dividing and amending the single class to ITU, but if the response fails and a Final OA is issued, is that option still available if not addressed in the non-final response?  I can't find anything that states it can be done.  Thanks.
Response to Office Action - Merely Descriptive Rejection

Response to Office Action - Merely Descriptive Rejection

In Trademark Office Action Responses    -  updated on 11/11/2009
I need to draft a response to office action for a mark that was rejected as merely descriptive.  Based on the rejection, it appears that the examining attorney misunderstands the nature of my client's business.

From your experience, what is the most effective response for these types of rejections?  What is the best evidence of the actual type of business that my client is engaged in? 

The rejection merely points to a Google article that says that on...
Descriptive Trademark?

Descriptive Trademark?

In Domain Names    -  updated on 11/11/2009
My question relates to trademarks and domain names.

I registered a DBA company name in my state, and I also purchased my company domain name which was created by adding a truncated adjective in front of a recognizable noun. An example of such a name is "intelliservices.com".

I have purchased such a domain name ending in "s", and I recently noticed that someone already purchased the singular form of the domain name (for example) intelliservice.com, le...
Manufacture/Distributorship

Manufacture/Distributorship

In Trademark Registration    -  updated on 11/11/2009
Group:

Is there any reason to include "distributorship" in the goods statement rather than just have a goods statement?  I am unclear about whether a distinction needs to be drawn between distributorship and manufacture.  Does it really matter?  The goods you are sending out are the goods you are sending out, regardless of where they were manufactured, right?

Regards,

Am I violating IP rights or any other rights for that matter?

Am I violating IP rights or any other rights for that matter?

In Trademark Ownership    -  updated on 11/11/2009
I legally purchased t-shirts from internet sites and some from ebay that carried their label and tags still attached.  These t-shirts have the designers logo all over them.  Well I cut up the t-shirts and made them into headbands and listed them on ebay store.  I did not copy or replicate or draw any of the material myself.  I named the designer of the t-shirt and I wrote they are handmade by me using newly bought authentic designer t-shirts.  So that no one is confus...
Cease and desist the sale of company X equipment

Cease and desist the sale of company X equipment

In Trademark Disputes    -  updated on 11/11/2009
Company X states: "You are hereby notified to cease and desist the sale of company X equipment and any use of company X trademarks or brands."

This was company x response to me. Of course if I think they have no rights then I continue my sales and ads as is.

Does this mean that no matter what in any case I can not use their name any longer even as a descriptive title or info about products that I do have a legal right to resell using company x name?

...
Commercial Relationship of Goods and Services

Commercial Relationship of Goods and Services

In Trademark Disputes    -  updated on 11/11/2009
In a 1052(d) refusal, EA points to an existing registration for an identical mark, in a different International Class of goods and services.  The EA asserts that both marks are in the "oil and gas industry." 

Applicant replies that "oil and gas" is very broad, and that the marks in are different unrelated segments of the industry (pipelines vs. seismic research).  Applicant cites cases that say "a broad general market category is not a gener...
Question on descriptiveness

Question on descriptiveness

In Trademark Registration    -  updated on 11/11/2009
Hi,

I'm considering registering a trademark that I'm concerned might be considered descriptive.  Let's say that term was something like "Mowbot" for a robot that mowed lawns.  Or "Maidbot" for a robot that cleaned your house.  Or "Paintbot" for a robot that paints houses.  You see where I'm going.  Thoughts?

Thanks.

JT
TM descriptiveness question

TM descriptiveness question

In Trademark Office Action Responses    -  updated on 11/11/2009
any ideas on how to overcome a descriptiveness rejection for the proposed mark - GLACIAL for bottled glacier water?
First Used in Commerce - When product manufactured and shipped to seller?

First Used in Commerce - When product manufactured and shipped to seller?

In Trademark Registration    -  updated on 11/11/2009
Thanks for the answer to my previous question about DOFU and LLC.

If I will be trademarking a series of DVDs that I have produced out-of-state, can I claim DOFU as the first date that I transmitted the DVD data (the actual video plus art for the case, etc...) to the production facility?  The data is transmitted via internet, and as soon as the production facility receives it, they also list the DVD for sale on their website's e-commerce webpage.

Or, do I need t...
Descriptive trademarks?

Descriptive trademarks?

In Trademark Registration    -  updated on 11/11/2009
I started a business two years ago and came up with a catchy name and slogan. It is very descriptive...... similar to Coca-Cola or Bank of America.

I made a composite mark or stylized logo name and slogan in the form of a picture with the slogan in quotations. I placed the tm on the picture and have had it on my website since the beginning. Obviously the website displays the copyright.

In print I cannot use the picture of the name and slogan so I just use text.
web site - trademark- discription

web site - trademark- discription

In Expired Trademarks    -  updated on 11/11/2009
Q1

I want to trademark a name that has been registered before. They did not renew it.

Someone has the Dotcom to do with this name.

Once I trademark it can I ask them to remove it since we both sell the same products ?

Q2.

I noticed in other trademark some discribes the trademark with ex. hundreds of words from pigs goats
to activities.

I believe this is so someone doesn't use a name simalar to this for any and all purpose... correct ?

Q3<...
Trademark of common name or description

Trademark of common name or description

In Trademark Registration    -  updated on 11/11/2009
How is someone able to Trademark a common name or description and when they do, how can you use it to describe your product without violating the law?  

A company put a TM on the phrase "Love Potion" and any variations of the phrase for their perfume.  The issue I have with that is, that is something that goes way back in history and even certain religions.  It is a common term that without being able to use it, I can't describe something without people knowing...
Trademark Class - multiple?

Trademark Class - multiple?

In Trademark Registration    -  updated on 11/11/2009
Any help would be appreciated. I am starting a magazine. I want to sell products to stores with the name of the mag on it -- Hats - T's -- gloves and also other products such as knives.

I wanted to trademark this name -- do I have to do it for multiple classes? Should I do it for publication, clothing and other classes?

Thanks!!!
Trademarking a descriptive phrase

Trademarking a descriptive phrase

In Trademark Disputes    -  updated on 11/11/2009
I have a small business that sells personalized pet collars. ?A competitor of mine has trademarked a composite which includes the wording "personalized pet collars". ?Their attorney has sent me a letter saying that I cannot use this phrase. ?At what extent can I use the phrase "personalized pet collars" in my marketing as this describes the product I sell?
scription goods

scription goods

In Trademark Registration    -  updated on 11/11/2009
I am a few months away from releasing a software product that helps disabled people interface with the computer.  The product will be released in software form but I plan to add a hardware device to it in about a year.  How should I describe it in the application? Do I describe the software portion only as it is the only part that will be in commercial use in < 6 months or can I include everything? I've noticed there are some trademarks that seem to include everything! See Movist...