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What is the procedure for recording a document other than an assignment with the United States Patent and Trademark Office?

admin @ June 19, 2008 # No Comment Yet

By Rayan F. Coutinho
37 C.F.R. §3.11 and MPEP §3.11 provide the list of documents that may be recorded with the United States Patent and Trademark Office (USPTO). §(a) provides as follows – “Assignments of applications, patents, and registrations, accompanied by completed cover sheets as specified in §§3.28 and 3.31, will be recorded with the office. […]

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Why Every Employer Needs To Proactively Manage Employee E-Mail, Internet and Blogs

admin @ January 2, 2008 # No Comment Yet

By Rayan F. Coutinho, Ph.D, Esq.

There is no law that requires an employer to create, maintain or provide employees with policies pertaining to the use of technology facilities. However, policies related to internet usage, email and blogging have become extremely important documents in today’s technological world. Many employers find it useful to distribute written policies, […]

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Trademarks, Reputation and Goodwill.

admin @ December 26, 2007 # No Comment Yet

By Rayan Felix Coutinho
Brands are everywhere these days – in your neighborhood supermarket, in your newspaper, in the SMEÂŽ magazine and in this Queen City BulletinTM. Development of a brand through advertising, promotion and sales would be extremely difficult without the concept of trademarks. In its simplest sense, a trademark is a “source identifier” i.e. […]

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How Strong Is My Trademark?

admin @ July 7, 2007 # No Comment Yet

By Rayan Felix Coutinho
If you already have a trademark or service mark, or if you are contemplating the adoption of a new mark, you can evaluate the strength of your existing or proposed mark using the principles that follow to determine the degree of protection afforded to it under the law. If your mark is […]

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Making Proper Use of your Trademark

admin @ July 7, 2007 # No Comment Yet

By Rayan Felix Coutinho
Introduction
This article will discuss how to make proper use of trademarks to ensure the long term viability of your mark and the goodwill associated with it. The rights to a trademark can be lost through abandonment, improper licensing or assignment, or genericity.
Abandonment
A person or entity cannot warehouse potentially useful marks. The basic […]

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Recognizing infringement of your mark and what to do about it!

admin @ April 2, 2007 # No Comment Yet

By Rayan Felix Coutinho
 Introduction
This is the last in the series of articles on trademarks. In this article, we will look at trademark infringement, how to recognize it, and how to enforce your rights. The general principles for recognizing infringement are the same regardless of whether the mark is registered or not and regardless of whether […]

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Overview of Intellectual Property Law in the United States

admin @ March 24, 2007 # No Comment Yet

By Rayan Felix Coutinho
Indian businesses are rapidly expanding across the globe. An understanding of foreign business law and the legal regimes that protect corporate intellectual property assets is crucial for success. In the United States, intellectual property is largely governed by federal law. However, each state has some limited protections for certain types of intellectual […]

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Tips for making proper use of your trademark!

admin @ March 21, 2007 # No Comment Yet

By Rayan Felix Coutinho
 Introduction
In previous articles, we have reviewed the substantive aspects of trademark law such as what is a trademark, and how to determine the strength of a mark. In this article we will learn the procedural aspects i.e. how to make proper use of trademarks to ensure the long term viability of your […]

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Starting A Small Business In The United States - Intangible Property Issues

admin @ May 7, 2006 # No Comment Yet

By Rayan Felix Coutinho
Last week, we dealt with real property issues. This week we will address intangible property that your business may own and how to protect them. In the United States, intellectual property is largely governed by federal law. However, each state provides some limited protections for certain types of intellectual property as well. […]

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