Frequently Asked Questions

With correct trademark and service mark symbols: The symbol "®" refers to a federally registered mark, and should be placed after the trademark (e.g. Dove Canyon®). In contrast, names that have not been registered with the United States Patent and Trademark Office or those that still have applications pending may not use the "®" symbol.

Q.  How do I establish Trademark Rights?

Trademark rights are established by filing a proper application to register a mark in the Patent and Trademark Office (PTO). Although registering with the PTO is not necessary for establishing trademark rights, registration of your mark can help secure benefits such as giving everyone notice of your claim to the mark, having evidence of ownership of the mark, being able to invoke federal court jurisdiction, being able to use the registration as a basis for obtaining registration in foreign countries and being able to prevent the importation of infringing foreign goods.

Q:  What is the difference between copyright and trademark?

A:  Trademark and Copyright registration are both means of protecting the intangible rights of intellectual property. There are, however, important differences between Trademark and Copyright protection. 

Copyright does not cover intellectual property such as titles, names, short phrases, and slogans; familiar symbols or designs; or mere variations of typographic ornamentation, lettering, or coloring. This type of intangible property is often more appropriately protected by a Trademark. 

Trademark protection, on the other hand, is designed to protect a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods or services of one person or company from those of others.

Q:  Why should I get a  trademark?

A:  Many people assume that they can protect their trademark by simply using the mark in commerce. Although it is true that you are not required to get a registered trademark to achieve some level of protection for your trademark a federal registered trademark serves as constructive notice to the public of the registrant's claim of ownership of the mark. In addition, a registered trademark establishes a legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration. Further, a federal registered trademark gives the registrant the ability to bring an action concerning the mark in federal court. In addition, the U.S registration can be used as a basis to obtain registration in foreign countries; and provides the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

Q:  What is the relationship between my product and a trademark?

A:  Your trademarks, just like your brands, are part of your intellectual property portfolio.  Think of your intellectual property portfolio as a giant jigsaw puzzle - all the piece have to fit nicely - Aczess can help you make sense of the puzzle, or assemble one for you

Q:  Can the ownership of a trademark be assigned or transferred from one person to another?

Yes. A registered mark, or a mark for which an application to register has been filed can be transferred or sold. Written assignments may be recorded in the U.S. Patent and Trademark Office for a fee

Q:  How do I contest someone else using a trademark similar to mine?

A:  There are several ways to dispute use of your trademark by a third party. Depending on the factual situation, the Trademark Office may or may not be the proper forum. You should consider contacting an attorney, preferably one specializing in trademark law.

Q.  Under what conditions can  my trademark application be refused -  Grounds For Refusal

A.  The USPTO will refuse to register a mark if it does not function as a trademark or service mark. Not all words, names, symbols or devices function as trademarks. For example, names which merely describe the goods on which it is used cannot be registered. You cannot register the mark "keyboard", for example, for a computer keypad.

Additionally, Section 2 of the Trademark Act contains several of the most common grounds for refusing registration. The grounds for refusal under Section 2 may be summarized as:

• The proposed mark consists of or comprises immoral, deceptive, or scandalous matter;
• The proposed mark may disparage or falsely suggest a connection with persons (living or dead), institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
• The proposed mark consists of or comprises the flag or coat of arms, or other insignia of the United States, or of any State or municipality, or of any foreign nation;
• The proposed mark consists of or comprises a name, portrait or signature identifying a particular living individual, except by that individual's written consent; or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow;
• The proposed mark so resembles a mark already registered in the Patent and Trademark Office (PTO) that use of the mark on applicant's goods or services are likely to cause confusion, mistake, or deception;
• The proposed mark is merely descriptive or deceptively mis-descriptive of applicant's goods or services;
• The proposed mark is primarily geographically descriptive or deceptively geographically mis-descriptive of applicant's goods or services;
• The proposed mark is primarily merely a surname; and
• Matter that, as a whole, is functional.

Q:  What are common law trademark rights?

A.  Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and to registration. However, there are many benefits of federal trademark registration.

Q.  How are my trademark rights enforced?  

A.  Once you have registered your trademark, you will have legal ownership of the trademark. Additionally, you can have the U.S. Customs Service prevent the importation of goods that infringe on your trademark rights. However, if a domestic company infringes on your trademark, an attorney specializing in trademark law can be of great benefit. The factual situation of your particular case will determine the best way to resolve the dispute. 

Q.  Are any of the Aczess trademarks for sale?

A.  In general, all of the Aczess managed intellectual property are part of a giant puzzle.  However, under the right conditions, we may be able to change the perspective of that puzzle. 

Q.  You place a lot of emphasis on trademarks.  Do you help with the process?

A.  We place a lot of importance on intellectual property.  However, this is just but a small piece of the big picture.  Although we can help with the selection and processing of trademarks, this would only be a small but critical component of the corporate vision.

Q.  Do you have a standard trademark agreement?

A.   work with clients who may use our intellectual property for co-marketing or loyalty programs, a specific agreement is developed.

Q.  Do you have employment opportunities?

A.  We are always looking for key employees in marketing, sales and technology.  However, ethical decision making is a key attribute.  If you would like to contribute to the well-being of the community, give us a ring

Q.  What is viral marketing?

A.  Viral marketing sometimes refers to Internet-based stealth marketing campaigns, including the use of blogs, seemingly amateur web sites, and other forms of astroturfing, designed to create word of mouth for a new product or service. Often the goal of viral marketing campaigns is to generate media coverage via "offbeat" stories worth many times more than the campaigning company's advertising budget.

The term  viral advertising refers to the idea that people will pass on and share interesting and entertaining content; this is often sponsored by a brand, which is looking to build awareness of a product or service. These viral commercials often take the form of funny video clips, or interactive Flash games, an advergame, images, and even text.

Viral marketing is popular because of the ease of executing the marketing campaign, relative low-cost (compared to direct mail), good targeting, and the high and rapid response rate. The main strength of viral marketing is its ability to obtain a large number of interested people at a low cost.

The hardest task for any company is to acquire and retain a large customer base. Through the use of the internet and the effects of e-mail advertising, the business-to-consumer (B2C) efforts have a greater impact than many other tools of marketing. Viral marketing is a technique that avoids the annoyance of spam mail; it encourages users of a specific product or service to tell a friend. This would be a positive word-of-mouth recommendation. One of the most successful framework used  to achieve this customer base is the integrated marketing communication IMC one.

Q.  How can my organization be socially responsible?

A.  The social response is a function of the organization's vision and core values.  For example, there are corporations who refuse to invest or do business with certain manufacturers or with the tobacco, alcohol and or gabling industries.

These organizations tend to invest in funds which can help promote their cause.  For example:

1. Women's Equity Fund -Advance  status of women in the workplace

2. Timothy Plan - Avoids companies contrary to Judeo-Christian principles

3. Amana Funds - investment per Islamic principles

4. MFS Union Standard - Pro labor issues

Contrary to popular opinion, using these instruments, the return on the investment in the long run, is usually comparable with any other market instrument.  According to Morningstar:

1.  Socially responsible funds perform no better than other funds.

2.  Socially responsible investors are not focused on short term performance.

Additionally, there are international organizations with a focus on social responsibility, such as:

•infoDeV - Global program managed by the World Bank. Seeks to help developing economies fully benefit from modern information systems

•SDNP -  assist developing countries in acquiring the capacity to access and to contribute to solutions for sustainable development via the medium of information and communication technologies

•DOI - Digital Opportunity Initiative, a public/private partnership of Accenture

•DOT Force - Digital Opportunity Task" Force drafted at the G-8s' Okinawa Summit. Published "Digital Opportunities for All" in May, 2001.

Q.  What are the non-profit organizations you support?

A.  We support non-profit organizations with an uber-low overhead, and the ones we feel have a high probability that the funds go where there are intended to.

Q.  I would like to do business with Aczess.  Can my company dictate the non-profit organization?

A.  In general, Aczess determines the community's non-profit organization that should benefit from our initiatives.  Under the right conditions, the non-profit can be changed, and as long as the values promoted by such non-profit are not in conflict with those of Aczess.  For example, we would not support the National Girl's Scout, because of their support of the homosexual lifestyle.

Q.  What are other communities you support?

The focus of this site seems to be South Orange County.  More specifically, Trabuco Canyon and  neighborhoods in the vicinity.  Are there other communities you work with?

A.  Yes - this site is indeed dedicated to South Orange County and intended to be used simply as an example of what we can do with any other community across the United States.