I have been holding off my marketing and advertising efforts for this blog until my trademark for thephotographer4you® became federally registered and approved by the trademark office. thephotographer4you® will be officially published on the United States Patent and Trademark Office. Effective in January visitors can find thephotographer4you® in the United States Patent and Trademark Office database.
What’s is in a name? Your reputation and your brand is on the line. Imagine Beanie Baby surprise when it was discovered that TY INC. V. CLARK (2000 U.S. Dist. LEXIS 383) Case Number: 99 C 5532 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION 2000 U.S. Dist. LEXIS 383 January 13, 2000, Decided JUDGES: David H. Coar, United States District Judge. OPINIONBY: David H. Coar
For the following reasons, plaintiff Ty Inc.’s action for trademark infringement, unfair competition, trademark dilution, common law trademark infringement, consumer fraud and deceptive business and trade practices, against defendants Max Clark and Expedient I.T. Solutions Ltd., is dismissed without prejudice because of lack of personal jurisdiction.
The plaintiff, Ty Inc. (“plaintiff” or “Ty”) is a Delaware corporation with its principal place of business in Westmont, Illinois. (Complaint P 1). Ty is the creator of the world famous plush stuffed toys named “Beanie Babies.” Ty markets these Beanie Babies throughout the world and sells them through authorized dealers. (Complaint P 6). Since their introduction in 1994, Beanie Babies have become extremely [*2] popular, with sales over one billion dollars. (Complaint PP 6, 9). Ty has obtained a federal registration from the United States Patent and Trademark Office for the marks “Ty” (Reg. Nos. 1,722,141 and 2,118,114) and “Beanie Babies” (Reg. No. 1,049,196). (Complaint P 7).
One aspect of Ty’s marketing strategy for Beanie Babies and related products is Ty’s web site on the Internet, which contains the domain names, “www.beaniebabies.com” and “www.ty.com.” (Complaint P 8).
How to trademark your company name: You can do it yourself, hire me as a paralegal to do your paperwork or hired an attorney. The cost $275-$325. It is amazing that folks will set up shop without first minding their business. Before you complete the registration form that is available online, check for the Trademark Electronic Search System (”TESS”) database available on the site, so as to ensure that no other company has registered a similar or identical mark for the category of services or goods you are offering. The U.S. trademark protection is given to the first person using a particular mark within the geographic region where it is operating, without considering the registration of the mark. But if the mark chosen by you is registered by some other company, though it was first used by you, your application for registration will be rejected. You can take help from a lawyer to proceed further.
The Trademark law varies from country to country…in the United States the trademark rights are generally acquired through use. What some folks do not realize is that common law rights arise from the proper use of an trademark, many businesses end up acquiring rights in a trademark without realizing they have done so. True story: Model Bride Photography found themselves in this situation when the owner of MODELBRIDE wanted to trademark the name and wanted to be the only business with the name in Google search.
There is a difference with common law rights and significant advantages to obtaining a federal registration.
You will require information related to the category of service or goods for which you will be using the mark, when you first used the mark, and the design component of the mark. Those who are running internet businesses and are planning to register their names must take care to register it without the web extension, or else register the name with as well as without the extension. If you register the trademark without the extension, it will help you in preventing other businesses to register the same name with different extension. Avoid designation of a specific design, this will provide you with maximum protection.
Presumptions: Federal registered trademarks go through an examination process, a trademark carries with it certain presumptions, which means it acquired secondary meaning that is able to identify good or services. These presumptions become important when you seek to enforce your trademark. A trademark owner bears the burden of proving the trademark has secondary meaning but it far outweighs the cost of registration and related fees.
What is a constructive notice? A federal trademark registration provides constructive notice to anyone else anywhere in the country seeking to use the same or similiar trademark. According to the official website of U.S. Patent and Trademark Office, generally a response is received within 6 months from the date of application. It is recommended to register the trademark with the help of an intellectual property attorney or at least take legal advice in advance. The benefits of registered trademarks are the trademark examiners will include the mark in the database to determine if the new trademark is similar to existing trademarks.
Remedies if thephotographer4you® owner Delores Randall who is the owner of the federal registered trademark finds anyone using the mark without permission. Damages may be recovered in an action for infringement which can be three times the infringer’s profits or damages. Only owners of federally registered trademarks are permitted to use the registration symbol thephotographer4you® with their trademark. There is one partial exception the general rule that the U.S. trademark rights arquired through use, and that is what’s referred to as an intent to use (ITU) trademark application. Basicially it allows the business the a good faith intent to begin using a trademark for the purpose of clear the mark for registration and establish priority over those would seek to later adopt the dame or confusingly similiar mark. The ITU application still requires proof of actual use of the trademark before the USPTO will issue a trademark registration.
There are several reasons you may want to pursue a registered trademark:
It will identify your business or photography studio. Your devoting resources to advertising the promoting your business and your services implicate interstate commerce. Your basically working outside of your local area or your is being published outside of your local area. If you find your competition stepping on your toes from all of your efforts….you will be glad you formally trademark your name. Read all about it on the United States Patent and Trademark Office database. The process is timely and the entire process can take 8-12 months. Once your trademark is registered, it is good for ten years and is renewable for successive terms. In order to keep the registration current, a trademark owner is required to periodically file certain documents and pay certain fees. Between the 5th-6th year after the registration issues, the owners are required to file an affidavit confirming that the trademark owner is still using the trademark. The feel for filing the affidavit is currently $100 per class. If the trademark owner wants to renew the registration, the owner must file a renewal application together with the fee between the 9th-10th year after the registration issues. How cool is that? Now that United States Patent and Trademark Office database. has approve thephotographer4you® I can officially use the the registration symbol to identify the website as being an formally registered trademark and to ensure that folks have actual knowledge of the registration. It is important to note that care must be considered when thephotographer4you® use the trademark to make sure the mark is being use correctly. thephotographer4you® only using the registration symbol when use as an adjective rather than an noun.
Now thephotographer4you® will be allowed to troll the internet for any inf ringers and police thephotographer4you® name to prevent others in an effort to prevent infringement against thephotographer4you® official trademark rights.
Some things you can expect in 2011 from thephotographer4you®, @thephotographer4you®, #thephotographer4you® will be listed in January 2011. Over the next two weeks this blog will updated periodically……and will return to update content frequently by January 5, 2011. Thank you for your continue sup