Patent Trademark Office 1

In the January, 2006 issue of Intellectual Property Today, attorneys Thomas J. Van Gilder and Carl A. Kukkonen cited to a document on the webpage of the United States Patent and Trademark Office [USPTO] for the proposition that “patent filings have grown from 353,394 to 406,302, an increase of nearly 15%, from FY 2002 to FY 2005.” In footnote 3 of their article, they carefully provided the page number of the document and the link to the document: See USPTO 2005 Annual Report at 61, http://www.uspto.gov/web/offices/com/annual/2005/2005annualreport.pdf.
The interesting, and troubling, aspect about this is that one will not find in the cited document at the given link the number “406,302″.

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It s very upsetting to find someone using your business name, or one that is confusingly similar. Taking advantage of Trademark law can help prevent problems and protect your rights.

Question: What does Trademark law protect?

Trademark protection may be available for any word, phrase, name, symbol, sound (called the mark ) that identifies or distinguishes your product or service from those made or sold by others. It includes the exclusive right to use the mark in connection with the goods and/or services listed in the registration.

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The corporate environment is characterized by a number of variables: competition, dynamism, turbulence, complexity and change. All organizations must develop ability to continuously and consciously transform themselves and their contexts. Such contexts include restructuring for optimum effectiveness, reengineering key processes and streamlining functions that are able to provide a source of competitive advantage. The aim is to adapt, regenerate and most important, survive. (McLean, 2006).

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You are a business owner with a web presence. During a routine Google search for your page ranking, you discover something disturbing. There is another company out there with a name very similar to yours and almost identical content on their website. What do you do? Is your company name and website content automatically protected by copyright law? Should you have registered your company name as a trademark? Can you demand that they change their name and dismantle their website immediately?

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“Lawsuits primarily benefit the attorneys and nobody else.”
- Bryce’s Law

INTRODUCTION

The protection of intellectual property should be a significant concern to all Information Technology organizations. Without protection, commercial hardware/software vendors would quickly evaporate as others would inevitably steal their designs and programs. Corporate developers would also suffer if their ideas, inventions, and programs were misappropriated thereby causing them to lose their competitive advantage. In fact, our corporate landscape and standard of living would be radically different if we had no such protection. Fortunately, the framers of the U.S. Constitution were wise enough to implement legislation safeguarding the authorship and ownership of literature, art, and inventions, thus causing the United States to flourish in the

arts and sciences. But the advent of the computer caused us to reconsider how we safeguard such property. For example, the concept of a computer program has been a bit nebulous to some people; should the source code be protected by copyright? What about the object code (executable)? Attorneys have been debating this subject over the last thirty years and there is still
general confusion in the field.

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