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Trademark Legal Care for Your Business and Product Name

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ISBN-10: 1413319521

ISBN-13: 9781413319521

Edition: 10th 2013

Authors: Stephen Elias, Richard Stim

List price: $39.99
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Protect your trademark, protect your business.Trademarks -- the names and symbols that identify your business, brand, and products in the marketplace -- are important assets that you need to choose carefully and vigilantly defend. Using the information in this all-in-one reference, you'll learn how to protect:- business names- product names- product packaging- logos- slogans- domain names- anything that identifies your company, product, or serviceTrademark provides you with the plain-English explanations and step-by-step instructions you need to navigate the requirements of the U.S. Patent & Trademark Office (USPTO) and successfully register your unique mark. Learn how to:- choose marks…    
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Book details

List price: $39.99
Edition: 10th
Copyright year: 2013
Publisher: NOLO
Publication date: 8/30/2013
Binding: Paperback
Pages: 464
Size: 7.00" wide x 9.00" long x 1.25" tall
Weight: 1.584
Language: English

Attorney Richard Stim specializes in small business, copyright, patents, and trademark issues at Nolo. He practices law in San Francisco and has represented photographers, software developers, craftspeople, publishers, musicians, and toy designers. He is the author of many books, including Music Law: How to Run Your Band's Business Patent, Copyright & Trademark: An Intellectual Property Desk Reference, and Profit From Your Idea. Stim regularly answers readers' intellectual property questions at Dear Rich: Nolo's Patent, Copyright & Trademark Blog.

Q 20 Frequently Asked Trademark Questions
I Your Legal Companion for Trademarks
What's New Since the Last Edition?
A Trademark Primer
Trademarks and Trademark Law
Basic Principles of Trademark Law
The Role of Federal Registration in Protecting Trademarks
Not All Business Names Are Trademarks
Trade Name Formalities
Trade Dress and Product Designs
Sources of Trademark Law
The Difference Between Trademark and Copyright
The Difference Between Trademark and Patent
Trademark, Domain Names, and the Internet
How to Clear and Register Domain Names
What to Do If the Domain Name. You Want Is Already Registered
Domain Names and Trademarks
Other Trademark Issues in Cyberspace
How to Choose a Good Name for Your Business, Product, or Service
Anatomy of a Product or Service Name Trademark
Distinctive Names Make Legally Strong Trademarks
How Trademark Law Treats Marks With Common Terms
What Makes a Distinctive Trademark a Legally Strong Trademark?
Guidelines for Making a Mark Distinctive
Marketing Considerations When Choosing a Name Mark
Trademark Searches-What They Are and Why You Should Do One
What Is a Trademark Search?
Why Do a Trademark Search?
What Resources Are Used in a Trademark Search?
Where Are Trademark Search Resources Located?
Different Levels of Trademark Searches-What They Are; When They're Appropriate
Planning Your Trademark Search
Using a Professional Search Service
Using a Patent and Trademark Depository Library to Do Your Own Search
Does Your Failure to Search Mean You Acted in Bad Faith?
How to Do Your Own Trademark Search
Meet TESS-The Trademark Electronic Search System
Getting Started With TESS
Understand the TESS Word and/or Design Mark Search (Structured)
Trademark Searching With TESS: An Example
Understanding the Results of Your Search
Searching for Designs
Searching State-Registered Trademarks and Trade Names
Searching for Trade Names and Unregistered Marks
How to Evaluate the Results of Your Trademark Search
What's Involved in Evaluating Trademark Search Results?
What Is the Likelihood of Customer Confusion?
An Overview of How Marks Are Evaluated for Their Potential to Cause Customer Confusion
How Closely Related Are the Goods and Services?
Do the Goods or Services Compete?
How Similar Are the Marks?
Additional Factors
Final Factors
How to Read a Trademark Search Report
Federal Trademark Registration
Brief Overview of Federal Registration
What Marks Qualify for Federal Registration
If You Haven't Started Using Your Mark, Should You File an Intent-to-Use Application?
What Examples of Your Mark Will You Submit With Your Application?
What International Class Is the Best Fit for Your Product or Service?
Deciding How Many Marks You Want to Register
Applying for Registration Online
If You Are Filing by Mail
What Happens Next?
Communicating With the PTO
If the Examiner Issues a Rejection Letter
Follow-Up Activity Required for Intent-to-Use Applications
Follow-Up Activity Required After Registration
How to Use and Care for Your Trademark
Use of the Trademark Registration � Symbol
Use of the TM or SM Symbol for Unregistered Trademarks
File Your Section 8 and 15 Declarations
File Your Section 8 Declaration and Section 9 Application for Renewal
Use It or Risk Losing It
Maintain Tight Control of Your Mark
Use the Mark Properly-Avoid Genericide
Transferring Ownership of a Trademark
Evaluating Trademark Strength
A Brief Review of What Makes a Strong Mark
For Marks Consisting of Words, Identify the Distinctive Part of the Mark
Assess the Legal Strength of the Trademark Aspect of Your Word Mark
Sorting Out Trademark Disputes
Trademark Infringement
Determining Priority in an Infringement Dispute
If Someone Infringes Your Mark
What Litigation Costs
How Much Is Your Mark Really Worth to You?
Negotiate-Don't Litigate
How to Handle an Infringer
If Someone Claims That You Infringed a Trademark
What the Complaining Party Can Do to You
Steps You Should Take
International Trademark Protection
Where Will You Seek Protection?
How Will You Register Abroad?
Help Beyond This Book
Nolo: Your One-Stop Trademark Resource
Finding Trademark Laws and Information on the Internet
Doing Your Own Research in a Law Library
Finding a Lawyer
International Classifications of Goods and Services
Glossary of Terms
Selected Pages From Thomson CompuMark Trademark Research Report