Hello!
I hope everyone had a great Memorial Day Weekend!
I am still continuing my "Why You Should Hire a Trademark Lawyer Series." As I have said before, this series is very important because a good percentage of my client base comes from individuals who have attempted to file a trademark on their own.
Another reason, trademark applications are rejected by the USPTO is because they do not include the appropriate specimen. When filing a trademark application based on actual "Use", an appropriate specimen should show that the trademark or servicemark is being used in commerce, i.e., goods or services are being offered or sold to the public.
The following are examples of specimens that are acceptable when submitting a trademark application for products:
1.Product or package labels or tags (for clothing, etc.).
2.Banners, Window Displays, Signs.
3.Catalogs showing the products for sale.
4.Website pages showing the products for sale.
The following are not acceptable specimens for products:
1. Advertisements. Any type of ads, brochures, flyers, etc.
2. Price Lists.
Acceptable Specimens for Services:
1. Advertisements are acceptable here. So any ads, brochures, flyers, etc. advertising the services are appropriate.
2.Company Letterhead. If letter includes an offer for services.
Specimens not acceptable for Services:
1. Memos.
2. Invoices.
3. Business Plans
Remember submitting the wrong specimen can delay your trademark application for 6 months or more. I hope you found this information useful. Please share your thoughts.
Showing posts with label Goods and Services. Show all posts
Showing posts with label Goods and Services. Show all posts
Tuesday, May 26, 2009
Wednesday, January 7, 2009
Introducing a new product online? Protect yourself against false advertising claims
Hello!
I hope all is well. Today I am going to discuss false advertising. Specifically, if you are a newbie to online advertising, how do you protect your business against false advertising claims?
Federal law prohibits unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce. 15 U.S.C. 45(1) Specifically, the Federal Trade Commission Act defines a false ad as one which is "misleading in a material respect." Sec. 12 FTC. Material misleading ads include:
1. false written or oral statements regarding a product or service;
2. misleading price claims or sales;
3. sale of hazardous or defective products or services without proper disclosure;
4. failure to perform promised services; or
5. failure to meet warranty obligations.
Firestone, 81 F.T.C. 398, 451-52 (1972),
When advertising or endorsing a product or service, a retailer or advertiser must be:
1. truthful at ALL COST
2. not deceptively misleading regarding the capabilities of a product or service, i.e., no embellishment
3. not unfair.
Of course, whether an advertiser's claim that a product will achieve the results advertised in some instances, may be subjective. For example, a face cream may achieve the desired results for one customer but not for another customer. The customer who did not achieve the results advertised may assert a claim for false advertising against the advertiser. How can an advertiser avoid such a claim?
An advertiser can protect itself from such a claim by placing very prominent disclosures on the advertisement. A disclosure for skin care may read like this:
Through clinical testing of "Said Product" skin achieved a more balanced and even skin tone within 12 weeks of use. However results may vary.
As stated, the disclosure must be prominent. So do not use small text and make sure the disclosure is in close proximity to your claim.
Although disclosures are a great defense against a frivolous false advertising claim, making purposeful false statements in ads can trigger legal action.
I hope this information was helpful. Leave a comment if you have any further questions.
Best
I hope all is well. Today I am going to discuss false advertising. Specifically, if you are a newbie to online advertising, how do you protect your business against false advertising claims?
Federal law prohibits unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce. 15 U.S.C. 45(1) Specifically, the Federal Trade Commission Act defines a false ad as one which is "misleading in a material respect." Sec. 12 FTC. Material misleading ads include:
1. false written or oral statements regarding a product or service;
2. misleading price claims or sales;
3. sale of hazardous or defective products or services without proper disclosure;
4. failure to perform promised services; or
5. failure to meet warranty obligations.
Firestone, 81 F.T.C. 398, 451-52 (1972),
When advertising or endorsing a product or service, a retailer or advertiser must be:
1. truthful at ALL COST
2. not deceptively misleading regarding the capabilities of a product or service, i.e., no embellishment
3. not unfair.
Of course, whether an advertiser's claim that a product will achieve the results advertised in some instances, may be subjective. For example, a face cream may achieve the desired results for one customer but not for another customer. The customer who did not achieve the results advertised may assert a claim for false advertising against the advertiser. How can an advertiser avoid such a claim?
An advertiser can protect itself from such a claim by placing very prominent disclosures on the advertisement. A disclosure for skin care may read like this:
Through clinical testing of "Said Product" skin achieved a more balanced and even skin tone within 12 weeks of use. However results may vary.
As stated, the disclosure must be prominent. So do not use small text and make sure the disclosure is in close proximity to your claim.
Although disclosures are a great defense against a frivolous false advertising claim, making purposeful false statements in ads can trigger legal action.
I hope this information was helpful. Leave a comment if you have any further questions.
Best
Monday, December 8, 2008
Trademark Registration: Why it is important to choose the appropriate Classifications
Hello!
Welcome Back! Today I will discuss determining what classification your good or services falls under when registering your trademark. This is an important topic because choosing the wrong classification or not including a classification can jeopardize your trademark rights. Here are a few tips:
1. First a classification is a description and scope of the types of goods or services that fit your trademark.
2. When choosing a classification first think about the industry you are in. Specifically, what industry does your product or service serve? For example, if you are a film company you are in the Entertainment Industry. So you would choose Classification 041 which covers Entertainment in the nature of motion pictures.
3. Next make sure you include multiple classifications if your trademark will identify different products or services within your company. For example, the trademark BBB Bar-B-Q may identify Restaurant services, which is covered under classification 043. But the trademark may also identify BBB Bar-B-Q Sauce which is a product covered under classification 030.
4. Lastly, be strategic when identifying classifications for your product and/or service by including classifications of products or services that you have yet to bring to market. For example, you own a restaurant but plan to sell T-Shirts displaying the restaurant's trademark. You can include the classification 025 which covers T-Shirts and base your trademark application on an intent to use basis. This will prevent another company from claiming a trademark right in your trademark on T-shirts. More importantly, if you do not include T-Shirts in your original application and later want to include your trademark on T-Shirts, you would have to go back and apply for a trademark for T-Shirts. It is best to include all Classifications the first time around. It will save you time and money.
Welcome Back! Today I will discuss determining what classification your good or services falls under when registering your trademark. This is an important topic because choosing the wrong classification or not including a classification can jeopardize your trademark rights. Here are a few tips:
1. First a classification is a description and scope of the types of goods or services that fit your trademark.
2. When choosing a classification first think about the industry you are in. Specifically, what industry does your product or service serve? For example, if you are a film company you are in the Entertainment Industry. So you would choose Classification 041 which covers Entertainment in the nature of motion pictures.
3. Next make sure you include multiple classifications if your trademark will identify different products or services within your company. For example, the trademark BBB Bar-B-Q may identify Restaurant services, which is covered under classification 043. But the trademark may also identify BBB Bar-B-Q Sauce which is a product covered under classification 030.
4. Lastly, be strategic when identifying classifications for your product and/or service by including classifications of products or services that you have yet to bring to market. For example, you own a restaurant but plan to sell T-Shirts displaying the restaurant's trademark. You can include the classification 025 which covers T-Shirts and base your trademark application on an intent to use basis. This will prevent another company from claiming a trademark right in your trademark on T-shirts. More importantly, if you do not include T-Shirts in your original application and later want to include your trademark on T-Shirts, you would have to go back and apply for a trademark for T-Shirts. It is best to include all Classifications the first time around. It will save you time and money.
Subscribe to:
Posts (Atom)