Permissions
and trademark guidelines
The
following guidelines are provided for the use of certain copyrighted
materials, such as images, box shots, screen shots, and text; and for the
use of certain trademarked materials, such as logos, marks, and icons.
These materials are owned by ("@WEBO")
and provided under license. To use such materials, you must first agree to
the following license terms:
You
may not sell, alter, modify, license, sublicense, copy, or use the
materials in any way other than has been specifically authorized by
@WEBO in the agreement and iin the permissions and trademark
guidelines described herein.
You
acknowledge that @WEBO reserves the right to revoke the authorization to
use, view, download, and or print
the materials at any time, and for any reason; and such authorization
shall be deemed to be discontinued immediately upon notification in any
form.
You
acknowledge that any rights granted to you constitute a license and not a
transfer of title. You do not obtain any ownership right, title, or other
interest in @WEBO copyrighted materials or trademarks by using,
downloading, copying, or otherwise using these materials.
@WEBO
SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF REVENUE OR
PROFIT OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER
SIMILAR DAMAGES, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE
GROUNDS EVEN IF @WEBO HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE
POSSIBILITY OF SUCH DAMAGES.
ANY
MATERIALS ARE PROVIDED ON AN "AS IS" BASIS. @WEBO SPECIFICALLY
DISCLAIMS ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES RELATING TO THESE
MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE CONCERNING MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD-PARTY
RIGHTS REGARDING THE MATERIALS.
A. Excellent question! Our domain expertise lies in marketing with experience in various industries, combining business fundamentals and technology. However, fundamental attribute is social responsibility. Under these conditions, we can develop turn key marketing solutions, or tackle individual pieces.
Q. What is the proper use of my Trademark Name?Appropriate use of a name that is trademarked is important in complying with Federal law (and, if applicable, state law). It will also help preserve any business relationships you may have with the owner of the trademark name. Because trademarks are words, symbols or designs that specifically identify and distinguish the source of an owner's commercial goods, any way in which the name is used that is likely to cause confusion to the public as to whether the use is made by the owner or by another is generally prohibited.
Though some trademark owners assume that no one else has a right to independently use the mark in any capacity whatsoever, this is not exactly true. One can refer to a trademark name for a legitimate purpose, as long as no more of the mark is being used than is necessary for this purpose. Generally, trademark laws merely control commercial use of the name.
Trademark owners often have their own policies as to how their mark may be used. Here are some typical ways in which a trademark name is authorized for use by a non-owner:
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
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.
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