Archive for the ‘Trademark’ Category
The most important marketing decision one can make is choosing a name, a sign, or a commercial shibboleth for his products or services. In order to protect the mark from the competition, it must be registered.
In the first place, one should know that a trademark is a type of intellectual property, alongside with the patents and copyrights. The right over the mark is obtained by the first person who deposits the mark registration application and gets his mark registered, and not by the person who first uses a mark.
The registration can be: national, international, which are of community origin (all member states of European Union).
National Mark Registering
By national mark we understand a mark registered directly in one country, through the national system of registration. In the United States, the organism in charge of marks and patents registration is called “The United States Patent and Trademark Office” (USPTO). The USPTO checks if the applicant fulfills all the conditions for registration.
The application must include the following data so the USPTO accepts it: the applicant’s name and signature, address and other information for correspondence, the image or drawing of the mark, the mentioning of the products or services it is used for, certain fees. The applicant doesn’t have to be a US citizen.
The product or service connected to the mark must be launched in commerce. If the mark hasn’t been used before filing the application, the applicant must declare under oath that he is going to use it in commerce.
The next step is that an attorney will examine if the applicant has complied with all requirements. Any refusal of his will be motivated in front of the Office and can be appealed. The attorney will check if there is another similar mark linked to similar products, in which case the registration will be rejected for likelihood of confusion. The best thing to do is for the applicant to search himself if there is any conflicting mark before filing, to avoid unpleasant surprises and save time, because the examination lasts several months. If anything is missing or it is wrong, the application will be sent back to the applicant for completion or rectification, which takes even more time. So, it is better for the applicant to research and offer additional information when filing, just in case.
If there is nothing wrong with the application, the attorney will accept it and approve registration; this will be published in the USPTO’s official newspaper. Within 30 days from this moment, any person with a damaged interest or right can file an opposition to the decision, which will be judged by USPTO’s tribunal.
After overcoming successfully any opposition, the applicant is ready to get his registration certificate. Trademark registrations are available for a ten-year term, with possibility of renewal. Another application is needed for renewal, filed before the term expiration. The main condition is for the mark to have been used in commerce for at least five years in a row, starting from the registration date.
Trademark Works
Level 19, Two IFC
8 Finance Street
Central, Hong Kong
(852) 2251 8140
If you are related to the field of law then it is important that you have known what is a contract for deed? It is known to serve as a real estate special type of real estate property contract, which involves a buyer and a seller. In this case, the seller usually releases control, but not the legal title of the real estate property to the buyer. The transfer of the title takes place only after all the contractual requirements, including the whole payment on the asset is written out to the seller. This implies that if you are a seller or a buyer of real estate property in California and you wish to acquire or sell a home within a land contract, then you must have full understanding of the pros and cons of stepping into such a contract under the California real estate law.
The land contract, as a legal arrangement and instrument, has its beginnings rooted in the development in the residential neighborhood called colonials in the 1950s. The builders of that area bought huge tracts of land property and build affordable housing units on it. These real estate owners gave the possession of these houses to the underprivileged citizens, in exchange of down-payments and monthly installments. The individuals who were not capable for getting institutional financing had the ability to possess the houses without the legal title.
These days, the success to a contract for deed is mainly dependent on the amount of good faith that is included in the contract. For instance, if both the buyer as well as the seller has honestly laid down aims and they agree not just to the contract letter but also to the spirit behind the letter of contract, then this increases the chances of favorable results between both the parties. There have been several cases in which the crooked brokers and sellers have pawned the properties, which were either encumbered or possessed an unclear legal history.
California law has made many changes to ensure that the interests of the buyer under a contract for deed are well protected. The seller is highly responsible for disclosing the information that is related to, but doesn’t limit the title, insurance status or condition of the property under consideration. The seller also faces penalties in case of any non-conformity on predetermined legal requirements. The buyer of the real estate property under consideration has the full rights to reject the contract and render it void. Furthermore, the seller also needs to gratefully add a notice of buyer’s right in order to end the contract, within a time frame of two weeks, with the contract becoming forceful.
In general sense, a contract for deed not only includes the interests from the buyer’s side but also includes that of the seller. If in any case, a buyer fails to meet the requirements of the contracted home payments, the seller has the full rights to take the house into his possession or simply call it for foreclosure. If you are in California and want to deal with properties in the state then a California real estate lawyer can provide help.
Trademark Works
Level 29 Chifley Tower 2
Chifley Square, Sydney, NSW
2000 Australia
1-800-601-502