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http://www.smh.com.au/national/austrade-forced-to-find-brand-new-logo-20100509-ulqq.html Why – because it appears that they (and their ad agency) did not do a trademark search prior to announcing it. A lesson for all of us, including Government agencies when trademark filing – check first. Patrick Posted via email from trademarkfiling’s posterous  Provides a good illustration of trademark filing as a 3 stage process. P
Sent to you via Google ReaderThe Trademark Application Process and Costs (Detailed)A United States trademark grants its owner the right to prevent others from using a confusingly similar mark in connection with similar goods or services. www.hg.org/article.asp?id=18808 Posted via email from trademarkfiling’s posterous 
Google threatens a tiny Australian start-up, alleging trademark infringement. It’s classic David versus Goliath. But does Google have a choice? Source: http://www.crikey.com.au/2010/04/29/google%E2%80%99s-got-groggle-by-the-goolies-squeezing-hard/ , article by Stilgherrian A good article that explains why Google (and anyone else) who does a Trademark Filing needs to protect their brand if they trademark a name. Remember, a trademark is only as valuable as you want to protect it. Patrick
Posted via email from trademarkfiling’s posterous To trademark online, you need to know what you want to trademark and if it can be trademarked – legally. Effective trademark filing starts with good trademark search. So, what should you do? Do it yourself using the USPTO services or engage a professional firm online. Well, consider just what is involved in a comprehensive trademark search. First
Now, other trademark research companies combine the Trademark and Common Law searches together because they offer no analysis of the searches. So, even if your trade name is legally blocked early in the Trademark search, you will pay for the complete Common Law search. Even trademark attorneys will almost always order your entire Trademark and Common Law research together, before actually analyzing your research for Conflicts or Similarities, thereby wasting your money if there is a legal block in the Trademark search. Solution – split the searches and analyse at each step; as described above. I’ve found that TradeMark Express * has saved their clients millions of dollars, just with this common sense approach to legal research. And it too can save you time and money as well. This logical legal research approach requires more expertise and is more time consuming for firms like TradeMark Express, but immensely better for you as the client (note the Step-by-Step Research described above is not included as a feature of TradeMark Express’s Value Package). The key message is “If your trademark search isn’t comprehensive, it isn’t done!”* Hope this helps you in your efforts to trademark online. * affiliate link This is the second in a series of trademark filing basics. Must I hire an attorneyNo. However, if you prepare and submit your own application, you must comply with all requirements of the trademark statute and rules. If you choose to appoint an attorney to represent your interests before the USPTO, they will correspond only with your attorney. What must the application include?An trademark filing must include the following elements before the USPTO will accept it:
If your application does not meet these requirements, the USPTO will return the application papers and refund any fees submitted. If you file a paper application, and it meets the minimum filing requirements, the USPTO will assign a serial number and send a filing receipt. You should review this receipt for accuracy, and notify the USPTO of any errors, following the directions on the receipt. An electronically-filed application must include the same information to receive a filing date. However, at the time of filing, an e-mail summary, including a serial number, is sent. No paper filing receipt is generated. If through later review the USPTO determines that the application did not include the required information, they will cancel the serial number and filing date, return the application, and refund the filing fee. If you transmit your application over the Internet, the filing date is the date the transmission reaches the USPTO server. Otherwise, the filing date of an application is the date the USPTO receives the application. NOTE: Receiving a trademark filing date does not mean that you have satisfied ALL registration requirements. To obtain a registration, you must comply with all application requirements, and overcome any refusal(s) issued by the examining attorney during examination. Although only the minimum trademark filing requirements must appear in your initial application to receive a filing date, submitting all available information requested in the application form will help reduce delays in processing your application. See below for more information about these requirements. Name of the ApplicantThe application must be filed in the name of the owner of the mark. The owner of the mark is the person or entity who controls the nature and quality of the goods identified by the mark and/or the services rendered in connection with the mark. The owner may be an individual, corporation, partnership, or other type of legal entity. Do you have to be a U.S. citizen to apply?No. However, if you do not reside in the United States, you may appoint a “domestic representative” as part of the application process (see below). Name and Address for correspondenceThe name and address for correspondence is the address where the USPTO will send communications concerning the application. It may be that of the applicant or the applicant’s legal representative. Also, an applicant residing outside the United States may list a domestic representative, that is, the name and address of any person residing in the U.S. “upon whom notices or process may be served for proceedings affecting the mark.” You must keep your mailing address up-to-date with the USPTO. This can be done through the USPTO’s (Trademark Electronic Application System) TEAS at http://www.uspto. gov/teas/index.html . If you send a notice of change of address on paper, please include at the top of the request a “heading” listing the applicant’s name, mark, and the application serial number. Mail the change of address to: Commissioner for Trademarks P.O. Box 1451 Alexandria , VA 22313-1451 Depiction of the Mark (“the drawing’)Every application must include a clear drawing of the mark you want to register. We use the drawing to file the mark in the USPTO search records and to print the mark in the Official Gazette and on the registration certificate. USPTO’s TEAS (Trademark Electronic Application System) generates a proper drawing for you, based on the information you enter. . If you are preparing the drawing page yourself, use white, non-shiny paper that is 8½ inches wide by 11 inches long (21.59 cm by 27.94 cm). The mark can be no larger than 3.5 inches high by 3.5 inches wide (8 cm by 8 cm). The drawing page should include a “heading” with the following elements:
The representation of the mark must then appear below the heading, in the middle of the page, in the proper format for either a “standard character” drawing or a “stylized or special form” drawing (see below). Important: Once filed, you cannot make a material change to your mark. Depiction of the Mark (as a drawing) in more detail. There are two (2) types of depiction of the Mark as a Drawing:
Standard Character You may submit a standard character drawing if:
You must also submit the following statement: “The mark is presented in standard character format without claim to any particular font style, size or color.” You may depict the mark in any font style; may use bold or italicized letters; and may use both uppercase and lowercase letters, all uppercase letters or all lowercase letters. The USPTO has created a standard character set that lists letters, numerals, punctuation marks, and diacritical marks that may be used in a standard character drawing, available on the USPTO’s website at http://teas.uspto.gov/ standardCharacterSet.html. If you want to register characters that are not in the set, then you must file a special form drawing. Stylised or Special Form drawing If the particular style of lettering is important or the mark includes color or a design or logo, you must select the “stylized or special form” drawing format. The drawing page should show a black and white image of the mark unless color is claimed as a feature of the mark, no larger than 3.5 inches by 3.5 inches (8 cm by 8 cm). The drawing in special form must be a substantially exact representation of the mark as it appears on the specimen or on the foreign registration, as appropriate. Colour If colour is important then you can depict color in your application. You must submit a color drawing and;
You need to pay attention to details like color and description of your mark before you do the actual trademark filing,
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Hi, I'm Patrick. I write about intellectual property, copyright and trademark matters from practical business experience. for more info see...more>>>
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