In today s global economy it is becoming increasingly more important for a business to adequately protect and enforce its intellectual property (IP). Most businesses are aware of one of the routes to such protection, namely obtaining patents and trademarks from the U.S. Patent & Trademark Office, and registering copyrights with the U.S. Copyright Office. While registering IP with these entities is fundamental to protection and enforcement, another valuable protection and enforcement resource exists with the U.S. Customs and Border Protection (CBP).
As a bureau of the Department of Homeland Security, the CBP is charged with securing our nation s border, which includes protecting U.S. IP rights (primarily trademarks and copyrights) from infringing or counterfeit imports. The CBP maintains
...get a fuller grasp of "where" CIRM currently is and "what issues" it needs to resolve, especially in the intellectual property area. The present ezine article is related to Ebert, Lawrence. (2006, April 12). Los Angeles Times Article Way Off ...
The CBP s registration process is relatively simple. Currently, an electronic application template for registering a trademark or copyright with the CBP may be found online at www.cbp.gov. Alternatively, www.cbp.gov offers an online application system for registering trademarks and copyrights with the CBP. Explained below are some of the documents and information needed to record a trademark and copyright with the CBP.
Recording Trademarks
First, it should be noted that only those
...trademarks for marks that are used across state lines. A website customers can access in other areas can satisfy this requirement. Otherwise, you will only be able to apply for a state trademark. Only a mark registered and approved by ...
(a) the name, complete business address, and citizenship of the trademark owner or owners (if a partnership, the citizenship of each partner; if an association or corporation the State, country, or other political jurisdiction within which it was organized, incorporated, or created);
(b) the places of manufacture of goods bearing the recorded trademark;
(c) the name and principal business address of each foreign person or business entity authorized or licensed to use the trademark and a statement as to the use authorized; and
(d) The
...doing as well. After all, a guy can be nice and incompetent at the same time. You may be tempted to not hire an attorney and just file the paperwork yourself. It can t be that difficult, right? Wrong! An ...
Along with the information contained in the application, specific documents and fees are required. One of the documents required is an original certificate of registration certified by the U.S. Patent & Trademark Office. Furthermore, an applicant is required to submit five (5) copies of the original certificate of registration with the application. Finally, a fee in the amount of $190 is required for each trademark to be recorded. Additionally, if a trademark is registered in more than one International Class, an additional $190 is required for each class for which the applicant desires to
...application. Here s what I mean by this. Let s suppose Jay s invention was rejected because his potato peeler is just too darn similar to what already exits. The Patent Office decides it isn t novel. Jay didn t ...
After all the necessary paperwork and fees have been submitted, the applicant s registration with the CBP is effective on the date an application for recordation is approved, as shown on the recordation notice issued by the CBP. The registration will remain in force concurrently with the registration period of the trademark at the U.S. Patent & Trademark Office. Thus, when a trademark is renewed with the U.S. Patent & Trademark Office, it must also be renewed with the CBP
Recording Copyrights
In order to record a copyright with the CBP, the copyright must first be registered with the U.S. Copyright Office. The standard information to be listed in the application to record a
...as due the certified letter, and nondeleting software. Taken by itself it is not sufficient protection for your idea, but combine it with the other four methods mentioned in this book and your idea will be more secure. Non Deleting ...
(a) the name and complete address of the copyright owner or owners;
(b) if the applicant is a person claiming actual or potential injury by reason of actual or contemplated importations of copies or phonorecords of the eligible work, a statement setting forth the circumstances of such actual or potential injury;
(c) the country of manufacture of genuine copies or phonorecords of the protected work;
(d) the name and principal address of any foreign person or business entity authorized or licensed to use the protected work, and a statement as to the exclusive rights authorized;
(e) the foreign title of the work, if different from the U.S. title; and
(f) in the case of an
...months for this. At this point, you need to have a lot of patience. Roughly six months will pass before you hear anything else on your application. It could be longer. The delay means nothing in relation to the merits ...
Similar to the application to record a trademark, the application to record a copyright must be accompanied with other documents and fees. The main document required is a certified certificate of copyright registration issued by the U.S. Copyright Office showing title to be presently in the name of the applicant. Also, five (5) copies of the certificate of copyright registration must be attached to the application. Furthermore, the application must include a fee in the amount of
...proposed patent application. In order to protect an invention and apply for a patent, you will need to file an application with the United States Patent and Trademark Office (also known as a PTO application). If you wish to acquire ...
The applicant s registration with the CBP is effective on the date an application for recordation is approved, as shown on the recordation notice issued by the CBP. The registration remains in force for a term of twenty (20) years unless the copyright ownership of the recordant expires before that time.
Benefits of Recording IP with the CBP
By recording IP with the CBP, CBP officers have the power to act against counterfeits, infringing knockoffs, and even imports that are confusingly similar to a recorded trademark or substantially similar to a recorded copyright. Such actions may include the seizure and forfeiture of imports that the CBP determines to be infringing
...sense for them to apply for their patent as soon as possible and begin marketing their product immediately. In this manner, they can 'milk' their patent monopoly for the longest amount of time possible. A utility patent usually only lasts ...
Conclusion
In Fiscal Year 2005, the total domestic value of IP commodities seized by the CBP totaled over $93 million, down from nearly $139 million the previous year. Thus, it is apparent that the pirating and counterfeiting of IP continues to be a large scale problem
...similarity. However, if the logo contains words, greater weight is often given to the word portion of the mark. On the other hand, if the words are merely descriptive or generic, the design portion of the mark would be given ...
DISCLAIMER
We hope you understand that a brief article cannot provide accurate legal advice. Accordingly, nothing in the above is intended as specific legal advice to any person. Such legal advice can only be given by a qualified practitioner after a careful review of all the individual facts. We urge you to consult us, or another licensed professional, before you proceed.
Gallagher and Dawsey Co. LPA is a unique intellectual property law firm whose practice includes intellectual property counseling and services to businesses and individual
...be able to register Amazon , but not bookstore. Generic and Descriptive Terms Domain names that are generic or descriptive in nature cannot be registered because they fail to designate a distinctive product or service. For example, sandiegobusinesslawfirm is comprised ...
Our experienced patent attorneys and trademark attorneys provide various intellectual property legal services such as patent searches, patent applications, trademark searches, trademark applications, copyright applications, infringement advice/opinions, and infringement litigation.
The U.S. patent and trademark attorneys of Gallagher & Dawsey Co. LPA serve clients around the world from our Midwest offices. Our patent and trademark law firm has offices in Columbus, Dayton, and Cincinnati, Ohio.
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