○Have the right to bring legal action concerning the registered mark in federal court. ○You have the ability to use your U.S. trademark registration as a basis for applying for a trademark registration in may foreign countries. ○You have the right to use the coveted “R in the circle” symbol with your mark. And that’s something you cannot do unless your mark is federally registered. That symbol indicates that you have federally registered your trademark with the United States Patent and Trademark Office. ■Also can serve to cut off the rights of others who might have started using the same mark after you applied to register your mark. ●3. How to Select/Choose/Create Own Trademark: ○Unlikely to cause confusion. ○Two marks can be the same if unrelated and if the mark isn’t incredibly famous. ○Trademark Clearance Search: searching for the use of marks that are similar to yours. ■Look in USPTO database using TESS for federally registered marks. ■State trademark databases, also business name databases, Internet, etc. ■Can hire trademark lawyers. ○Legally protectable. ○“Strong marks are ■Descriptive: warmer than generic, still hard to protect and usually not registrable and may not be as cost efficient as it seems. ●Not immediately protectable, costly to enforce rights. ■Suggestive: even warmer, registrable. ■Fanciful/Arbitrary: distinctive and immediately function as source identifiers. ●Fanciful: invented words. ●Arbitrary: known meaning, but no relationship (Apple) ○“Weak,” cold marks are generic. ●4. Resources for Application Help ○Cannot provide legal advice. It cannot tell you whether your mark is eligible for registration before you file. It’s also not allowed to conduct a pre-application clearance search for you. ○Cannot enforce your trademark rights or bring legal action against an infringer. ●You can hire an attorney. ●Law School Clinic program. ●SCORE program run by the Small Business Administration. ●Patent and Trademark Resource Center program
****Pamphlet for patents**** Info on intellectual property. Video: “Abdel Halim Hafez- Khosara” ●Jay-Z sampled song in “Big Pimpin.” ●In our POV: Ask owner for permission to use intellectual property. ○Issue: owner is not in U.S. ■Send e-mail. ■In Jay-Z case, family member did not understand how sampling was going to be used. ■License and purpose of it is now in question.Video: “Andrew Oldham Orchestra - The Last Time (1965)” ●Used in “Bittersweet Symphony” by the Verve. ○Licensing failure caused the downfall of the band. ●Asked AOO for licensing for $1,000. ●AOO agreed but they’re not the original creator of the arrangement. ●Original was from The Rolling Stones, who gave AOO licensing rights to “remix.” ●The Rolling Stones claims they violated intellectual property, wanted every single penny from song.