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Blog posts in Intellectual property
Five Facts you need about US trade marks
February 01, 2012
At first glance, registering a trade mark in the United States can seem confusing, especially to companies from abroad. But with the guidance of a US trade mark attorney, it can be smooth and easy.
As in the UK, the US trade mark registration process is comprised of several steps. First, conduct a comprehensive US trade mark search to make sure no one else holds a claim to your intended trade mark. Then draft and file a trade mark application with the US government. The government will review the application and issue registration (if approved) within 8-12 months.
Sounds simple. Nonetheless, many misunderstandings surround the process of applying for and maintaining a US trade mark. Here in Washington DC at Gerben Law Firm, we often see confusion from our international clients. To help clear this up, we’ve compiled five facts that any foreign company should know before filing for a trade mark here in the United States:
- In the US, there are three types of trade marks: federal, state and common law. Your search should include all three types to avoid potential conflicts arising in future. For example, even if you receive a federal trade mark registration, a pre-existing state or common law trade mark could still challenge your ability to use the trade mark in the US.
- You do not need to be a US citizen or have a US-based business to register a trade mark with the US government.
- You do not physically need to be in the US to register your trade mark. Filing can be done online, and even your names can be signed electronically, making the US trade mark application process easy for companies worldwide.
- It takes longer for the US government to review and issue the trade mark than it does in many other countries. In the US, it is usually six to eight months before you receive a response from the government.
- US trade mark applications are assigned priority based on the order in which they are received. This means that if you file an application for your trade mark , and someone else files after you, you will be first in line for that trade mark . If yours goes through, then theirs will be refused. If there is a problem with your application and it must be re-filed, then you lose that priority, so they would get ahead. By making sure everything is done properly the first time, you can avoid such a situation.
These are just five of the most common issues we’re asked about by our international clients, and there are many other things to consider when filing an application. For more information or to begin the US trade mark registration process, contact an experienced trade mark attorney at Gerben Law Firm, PLLC.
Josh Gerben of Gerben Law Firm is an experienced trade mark attorney, serving 18 countries worldwide.
Bank of England set to shed some pounds with new SME icon
June 21, 2010
As of 30 June 2010, the £20 note featuring the composer Edward Elgar is to be withdrawn from circulation. The original black-and-white £20 note was first issued in 1725 by the Bank of England - while I can’t say I have seen one and I am no Numismatist [ed’s note: get you, a coin dealer], my inner geek has always hotly anticipated the issue of ‘new’ money.
The Elgar note has been phased out since 2007 with a new face, Adam Smith [don’t all say “Who?” at once – see below] and by a ‘slightly brighter’ colour design to combat fraud, explains Andrew Bailey, Executive Director, Banking and Chief Cashier of the Bank:
“The new £20 has a number of new design features; it includes a much larger silver holograph.
“It is very important that we produce notes that the public can recognise as being genuine.”
The new design will help to avoid counterfeiting of the most common note in circulation — between 1.1 and 1.2 billion. And while only one per cent of all notes in circulation are fake, the counterfeit industry remains appealing - designs need to be updated regularly to outwit forgers
If you run a business where you need to identify genuine banknotes, the Bank suggests the following measures for businesses that should help:
- Train staff by using Bank of England counterfeit detection material, including leaflets, posters, a short film and a training CD.
- Establish an anti-counterfeit checking policy and ensure that staff are aware of it.
- Avoid confrontation and do not put staff at risk of attack or injury.
- Where possible, retain the counterfeit note(s) and ask for another means of payment. Take the customer's details and give them a receipt, so they can be reimbursed by the Bank of England if the notes are found to be genuine.
- Call the police as soon as possible and hand over the counterfeit notes, or take them to the police station.
For several months after the end of June, most banks, building societies and Post Offices will accept old £20 notes for deposit to customer accounts and other customer transactions. The old note will remain legal tender for small businesses that handle cash transactions for some time but it is at the owner’s discretion how quickly they decide to decline the Elgar-faced note.
While previous icons on the £20 note included William Shakespeare and Michael Faraday, the appearance of Adam Smith on the new note is particularly appropriate for small firms.
Smith was a key proponent of free trade and capitalism and in his most famous work, ‘The Wealth of Nations’ (1776) he outlined the economic ideology that is still highly regarded today. Andrew Bailey explains why the 18th-century economist was chosen.
“Adam Smith was not just an economist; he was also a moral philosopher, a very famous figure. The insights he developed have stood the test of time; they lie at the heart of our understanding of the economy and human behaviour.”
Smith’s most often-quoted soundbite is:
"It is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own self-interest. We address ourselves, not to their humanity but to their self-love, and never talk to them of our own necessities but of their advantages."
- The Bank of England will always exchange its old notes. To exchange an old note for a new one, either take it or post it to: Dept NEX Bank of England Threadneedle Street London EC2R 8AH
Death of a PlayStation
August 11, 2009
I took my PlayStation 3 (PS3) around my friends the other night for a fun evening of button bashing and beer drinking. Midway through the evening I suffered a problem all gamers fear – their prized console breaking down. On my knees, I turned it on and off, plugged and unplugged it, hugged it and begged it to no avail. I eventually faced up to the realisation that my console had beeped its last blink.
There was another problem though. My one year warranty had expired by a few months. I phoned Sony and was told I would need to pay £145 to have it repaired. £145?! I was livid. I’ve always found Sony’s products to be of a high quality. I have an old PS2 (and an even older PS1) that still works like a dream. For an expensive purchase such as a PS3 to break down after less than 18 months made me feel cheated. Surely there was something I could do?
I spoke to friends, looked online and found that my problem was not a rare case. Many people had experienced similar scenarios with their PS3 breaking mere months after the warranty had expired. One of my friends had gone through three PS3’s in a two year period. Sadly the overwhelming majority of them had accepted Sony’s response that it was out of guarantee and had paid the repair fee.
I looked into my legal stance on the matter and found some good news. Electronic items sold in Europe are now covered by EU consumer rules which give the buyer a right to repair or replacement if the item fails within two years. This is not a new rule, and the law in the area is complicated but a check on the European Union website confirms the two-year guarantee.
I also referred to the Sale of Goods Act and came to the conclusion that the technical problem suffered by myself and others with Sony’s PS3 went against this act that states all goods sold have to be of "satisfactory quality and fit for purpose".
Armed with this legal knowledge, I went back to Sony and argued these points successfully. I also pointed out that Sony had a reputation for quality and this was in danger of being tarnished by placing a faulty product on the market and charging people an extortionate repair bill to fix it. I warned them of the damage the X-Box “ring of death” caused their main rival Microsoft.
With credit to Sony, they took what I said on board and advised that they would wave the repair charge and fix my PS3. But the issue remains that they most likely wouldn’t have done this unless I had some legal weight behind my argument. What concerns me is that many consumers are largely unaware of how the law can protect them in these matters, and I wonder how many retailers and manufacturers have taken advantage of this?
My recommendations: Manufacturers and retailers:
- Even If you’re a small business you still need to be aware of consumer laws and any changes that come into affect. Ignorance could have serious legal ramifications on your business.
- Make sure your products comply with The Sale of Goods Act and other relevant legislation.
- Good customer care is vital. Handle a complaint well and you may increase the customer’s loyalty. Handle it badly and you may lose custom and even create a negative impression of your business. You can be sure that an angry customer won’t keep their feelings to themselves.
Customers:
- Seek advice from friends and family. They may have experienced a similar issue.
- Never accept at face value what you are told by a seller.
- Make sure you know legally where you stand.
Alphabet soup – from DTI to BERR to BIS
June 29, 2009
The Department of Business, Enterprise and Regulatory Reform (BERR), formerly the Department of Trade and Industry (DTI), has merged with the Department for Innovation Universities and Skills (DIUS), to form a new Department for Business, Innovation and Skills (BIS), headed by Peter Mandelson.
The government has merged the former Department for Innovation, Universities and Skills (DIUS) with the former Department for Business, Enterprise and Regulatory Reform (BERR), to form a new Department for Business, Innovation and Skills (BIS), headed by Peter Mandelson. BERR was previously known as the Department of Trade and Industry (DTI) and, briefly, the Department for Productivity, Energy and Industry (DPEI). Four of BISs 11 new ministers are entitled to attend cabinet meetings.
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