IP IQ

Intellectual Property refers to a number of distinct types of creations of the mind.
Nice definition, but what does all that mean? We try to answer the questions that are frequently asked.

As with all areas of the law, we see the same questions pop up time after time and thought it might be helpful to provide answers to the trademark questions in one convenient and easy to find spot. If you have any additional questions you would like to see referenced on this page, please feel free to drop us an email. We always appreciate feedback and input.

What is the difference between trademarks, patents, and copyrights?

Trademarks protect brands such as company or product names, logos, and distinctive coloring. Patents, on the other hand, protect inventions such as machines, processes, products and chemical compositions that are used to make or comprise a part of the product. Copyrights protect original works of authorship such as writings, computer programs, and works of art.
Let’s think of this in terms of an example – M&M’s® candies. Trademarks protect the M&M’s® brand name. Patents, on the other hand, protect the machine that can print images on M&M’S® candies and copyrights protect the written and graphic content on the M&M’s® website, such as the artwork for the M&M’s® characters.

For more discussion about the differences between each of these types of intellectual property, please see this PHOSITA post.

What is the difference among trademarks, patents, and copyrights?

Trademarks protect brands such as company or product names, logos, and distinctive coloring. Patents, on the other hand, protect inventions such as machines, processes, products and chemical compositions that are used to make or comprise a part of the product. Copyrights protect original works of authorship such as writings, computer programs, and works of art.
Let’s think of this in terms of an example – M&M’s® candies. Trademarks protect the M&M’s® brand name. Patents, on the other hand, protect the machine that can print images on M&M’S® candies and copyrights protect the written and graphic content on the M&M’s® website, such as the artwork for the M&M’s® characters.

For more discussion about the differences between each of these types of intellectual property, please see this PHOSITA post.

How can a trademark attorney help my company?

A trademark attorney can assist your efforts in selecting a trademark by researching and analyzing similar trademarks in order to reduce the risk of adopting a mark that is in use by someone else. A trademark attorney can also assist in the legal steps necessary to obtain state, federal, and international trademark registrations for your company’s name, logos, product names, slogans, and the like. Management and oversight of your trademark portfolio is necessary in order to “police” your mark against infringers. Setting up trademark monitoring services is an important first step. Once an infringer is found, a trademark attorney can facilitate the enforcement of your trademark rights by sending cease and desist letters and, in some instances, filing lawsuits against third parties to stop their use of the mark and collect damages.

I am starting a new business and recently came up with a name for my business. What should I know about trademarks before I use this name?

Rights in a name are generally established by being the first to use the name in connection with a product or service. As such, it is a good rule of thumb to “test the water before jumping in.” Before you invest too much in marketing and branding for your business, it is recommended that a trademark search be conducted by an attorney to determine whether your proposed name is fit to enter the marketplace.
A thorough trademark search involves an extensive search of a variety of resources, including United States Patent and Trademark Office records, industry directories, trade journals, the Internet, and domain name databases. With the results of the trademark search in hand, you may make an informed decision as to whether your proposed name is available for your use. Without the information provided by a trademark search, you risk adopting a trademark that is susceptible to a claim of infringement, and all that comes along with such a claim, including the possibility of having to change your name after having already invested a significant amount of time and money.

Can your company benefit from an intellectual property strategy, including trademark protection?

Nearly all companies have intellectual property assets of some form, whether they know it or not. Such intellectual property assets may include patents, trademarks, copyrights and trade secrets. Although patents themselves, for example, remain a boring and dry subject, (read one and see for yourself) by protecting innovations and by giving patent owners the exclusive right to practice the invention, patents can be of great importance and value to any company. Nevertheless, many companies have not used the inherent wealth producing potential of intellectual property effectively due to the fact that much of the value of intellectual property is often simply ignored or forgotten. Intellectual property is an asset, and can often be a valuable one, but companies must have a strategy in place for properly utilizing it. Given the diversity of types of intellectual property, and the varied circumstances surrounding its creation, an intellectual property audit is often a beneficial first step in any intellectual property strategy, allowing companies to identify and utilize forgotten assets.

Do you have any tips for selecting a trademark?

Absolutely. Generally, it is a good idea to select a mark that is different from other marks in your industry. For example, APPEL as a mark for computer accessories would be a poor choice because it is similar to and would likely be confused with APPLE® computers.
Start by generating a list of several marks. Write down every mark that comes to mind. Try to think of a few that are completely unrelated to your products or services, for example, BLUE DIAMOND® for nuts or XEROX® for photocopiers. After narrowing your list down to a select few, it is recommended that you consult an attorney to conduct a trademark search to determine whether your proposed marks are available for use in the marketplace.

Do I have to register my trademark to protect it?

To prevent others from using your trademark anywhere in the United States, you should federally register your trademark. Although “common law” trademark rights are created just by using a mark, these rights are generally limited to the geographic areas in which the mark is being used.

Consider this example. Robert opens up a hot dog stand in Oklahoma City called HOT DIGGITY DOGS™. Carrie later opens up a hot dog stand in Edmond called HOT DIGGITY DAWGS™. Since both hot dog stands are in the same geographic area, Robert could sue Carrie for trademark infringement if consumers are likely to confuse HOT DIGGITY DOGS™ with HOT DIGGITY DAWGS™. Without a federal trademark registration, however, Robert may not be able to prevent someone from using a similar mark in a market he has not yet entered, such as Dallas or New York City. Thus, Robert should obtain a federal registration to obtain priority to the trademark throughout the United States.

What is the value of a unique trademark?

It has been estimated that the average resident of the United States encounters approximately 1,500 different trademarks each day and 30,000 after a visit to the supermarket. Just imagine how many trademarks the average resident encounters during the holiday season as the level of shopping and advertising increases – these numbers could double or even triple!

This is why selecting and protecting a unique trademark is so important. A unique trademark helps consumers recognize and distinguish your brand from thousands of others.

So, while you are out finishing up some last minute holiday shopping, try counting the number of trademarks you see. You might be surprised to find out just how many you encounter. Take note of the trademarks to which you are drawn to the most. Are they unique?

Why should I federally register my trademark?

A federal trademark registration is one of the cornerstones of brand protection. A federal trademark registration provides several benefits that can be invaluable in a competitive marketplace. For example, a federal trademark registration (unlike a state registration) provides nationwide protection, even if you are not using a trademark everywhere in the United States. In addition, a federal trademark registration provides notice to the public of your claim of ownership in a trademark, allows a lawsuit for trademark infringement to be brought in federal court, and provides means for preventing infringing and counterfeit goods from being imported into the United States.

What steps should I take to protect my trademark?

Two basic steps that should be taken to protect your trademark rights are (1) use your trademark properly and (2) instruct third parties how to properly use your trademark. Proper trademark usage is essential to maintaining trademark rights and in acquiring new trademark rights. Proper trademark usage includes the use of appropriate markings (e.g., ® or TM) and proper grammatical usage of the trademark (e.g., use as adjective, not as noun). Also, trademark owners have an obligation to police the use of their trademarks to ensure their trademarks are used appropriately. Policing your trademarks may include educating third parties as to proper trademark usage and correcting third parties (such as the news media) who may incorrectly use your trademarks.

Someone recently started a business with a name that is similar to my company’s name. How can I tell if this is trademark infringement?

Receiving phone calls or e-mails from individuals who have confused your company with the other company is a good indication that trademark infringement exists. Generally, trademark infringement arises when one person or company uses a name for its product or service that is identical or very similar to another. For example, after the recent storms in the metro area, an out of town roofing company came to this market and used the same name as an existing Oklahoma roofing company. Those affected by the storms were unable to distinguish the two roofing companies. The company recognized the problem and contacted an attorney and the matter was resolved shortly thereafter.

Your company’s reputation is vital to its success. If your company’s reputation is affected by the actions of another company, consider contacting an attorney specializing in trademark law to discuss your potential remedies.

Someone recently started a business with a name that is similar to my company’s name. How can I tell if this is trademark infringement?

Receiving phone calls or e-mails from individuals who have confused your company with the other company is a good indication that trademark infringement exists. Generally, trademark infringement arises when one person or company uses a name for its product or service that is identical or very similar to another. For example, after the recent storms in the metro area, an out of town roofing company came to this market and used the same name as an existing Oklahoma roofing company. Those affected by the storms were unable to distinguish the two roofing companies. The company recognized the problem and contacted an attorney and the matter was resolved shortly thereafter.

Your company’s reputation is vital to its success. If your company’s reputation is affected by the actions of another company, consider contacting an attorney specializing in trademark law to discuss your potential remedies.

Is it legal to copy the works of others?

No, if the work is protected by intellectual property rights, e.g., patent, trademark, copyright, or trade secret. However, works not protected by intellectual property rights are part of the public domain and are free to be copied.

Determining whether something is protected by intellectual property rights is not always simple. For example, products purported to be protected by a patent may not actually be covered by a patent, or if a product is covered by a patent, the protection may be very narrow in scope. Trademarks you may want to use, even though similar to someone else’s marks might be allowable if the goods and/or services provided under the two marks are sufficiently unrelated (e.g. DELTA faucets and DELTA airlines). On the other hand, certain works are protected by very broad intellectual property rights to the point that attempting to copy these works will inevitably subject you to a lawsuit for infringement.

In the end, an experienced intellectual property attorney can help you create defensive strategies to avoid illegally copying works that are protected by intellectual property rights, as well as offensive strategies to protect your own intellectual property rights.

Excellent Execution Of Multi-model Procedures

L'OREAL owns about five hundred brand names. P&G owns 300 manufacturers. GM owns twelve auto brand names. Electrolux possesses about 50 brands.They focus on particular fields and use multi-brand tactics in buy to develop even bigger business so that competition have no probability http://tinyurl.com/nr65jqz of threatening their marketplaces.By means of their experiences and individual techniques we can see they confirm multi-brand name strategies are efficient and effective.Less than Coca Cola co. they are four hundred non-alcoholic beverage models in two hundred countries all over the world. Why do they have so lots of models? The explanation is incredibly basic: distinctive individuals want to consume various beverages for the reason that of distinctive factors at distinctive instances in unique locations. Likewise, firms this kind of as Unilever, P&G, LREAL, GM and Electrolux and so on also make the most of multi-model strategies owing to the similar motive.Why and how do these productive enterprises use multi-brand name tactics? What is the logic and methods driving it? Permit dig into the answers.Various Amounts and Unique ModelsAre you acquainted with the manufacturer BLANCPAIN? In accordance to its publicity data, it considers alone as he very last mechanical check out in the globe? which has a history of four hundred a long time and has been sold in restricted figures all over the environment. How considerably is it? The most recent produced BLANCPAIN 1735 wrist check out prices extra than RMB 6 million, It goes devoid http://tinyurl.com/nr65jqz of indicating that handful of could find the money for it.You may also know the common Swiss wrist enjoy model SWATCH. It is renowned for its delicate craftwork and daring layouts. Each and every year sees its constant improvement in numerous vintage layouts. The watches have even motivated some to obtain them as a pastime.Having said that, it might be unidentified that additional than twenty popular wrist observe models like BLANCPAIN, SWATCH, OMEGA in fact belong to a person enterprise: Swiss SMH Group. SMH would seem to be unwilling to disclose this truth, which is distinctive from providers such as P&G and Unilever. As a result it is only brands, not which company the models belong to, that is used for communications.SMH has arranged its manufacturers in to three stages: lower-stage pricing, one hundred Swiss francs medium-level pricing, one thousand Swiss francs and superior-level magnificent pricing as higher as a person million Swiss francs and extra. As the SMH president Hayek reported, he selling price can be as higher as the sky.?br /> Very similar products are sorted to diverse price sections. Distinct price ranges in fact correspond with diverse types of people, mainly because of their distinctive psychological cost points and spending plan. Immediately after unique brand names are presented diverse value ranges, their high-quality not only should match the selling price, but manufacturer connotations will have to also be distinctive. A standard definition of distinctive amounts of makes can be presented in a most simplistic way: higher-stage goods are fully commited to delivering substantial-quality products and solutions for unique folks, and the products and solutions have different brand exterior functions medium-degree merchandise are fully commited to conference the desires of individuals pursuing for greater high quality who are able to afford solutions of better priceLow-stage products and solutions are committed to delivering choices of highest price tag-to-benefit ratio.This type of brand name layout is referred to as evels?of the consumers?minds.When Bentley is described, what do you consider? Is your to start with impression a luxury limousine worth RMB eight million, which is the symbol of a multi-millionaire? What about if Audi is brought up? Do you imagine of a new Audi A6 the image of electric power and strength, which are the tools of Chinese authorities officials or CEOs? If Volkswagen is mentioned, do you assume of Jetta, Bora and Passat really worth concerning 100 thousand to two hundred thousand RMB? Their trustworthiness, practicality, and large high quality have manufactured them the first preference for the middle class in mainstream society. There is no Volkswagen with the price tag of 8 million or Audi with the cost of one hundred thousand, since these costs do not correspond with the brand concentrations in the shoppers?minds.Design diverse charges for unique models and make evel?perceptions in individuals?minds so that the individuals?desires for different evels?can be fulfilled. These two strategies are 1 part of a multi-manufacturer strategy.Unique Characteristics and Distinct Brand namesWhy does SMH have 20 wrist enjoy models as an alternative of just obtaining a substantial stage, medium stage and a very low level model? The rationale staying some folks want adult males?watches, others want watches with simplified styles or extensive histories. It is the famous people?excellent personalities that make folks want to purchase OMEGA its RADO scratch-resistant surface and highly developed industrial types that arouse customers?notice LONGINES passionate fashion and classy attributes that make customers pretty confident in their items?br /> This is also the reason why P&G develops 5 makes of shampoo. Significant-scale brand interaction has built us so familiar with them. The complete shampoo industry is completely lined in all instructions by their shampoo manufacturers. This efficient occupancy of so a lot of makes in the market place also makes rivals unwilling enter the marketplace.This is also the major rationale why LVMH has 13 brands of clothes and bags: Basic bags like LV and CELINE the two have completely various luxury characteristics. MARC JACOB western romance lifestyle is distinctive from KENZO japanese mystery GIVENCHY is much more experienced and steady LOEWE is famed for its?leather solutions ?br /> If there are two brand names with the very same solutions and neither item have any one of a kind options, than it will make no big difference to the buyers which solution they select. This exhibits that in the industry there is only home for one particular of these two solutions to exist. A single of them could essentially be ignored. The indicating of brand names lies in differentiation, and the meaning of differentiation lies in meeting exclusive requires of exclusive consumers and developing a differentiation amongst brand names in consumers?minds. The 20 wrist observe brands have their individual features the five shampoo brands of P&G have their individual emphasis there are delicate variances amongst LVMH magnificent brand names. Makes of different options and variations will meet up with distinct people?calls for, as a result of this, multi-brand tactics are carried out.The Origins of Multi-brand TechniqueBusiness leaders such as Coca-cola Company, Automobile producer GM, cosmetic company LREAL, Commodity enterprise P&G luxury company LVMH and so on continuously focus on particular industries and organizations, and emphasize their personal main competitiveness. But what do multi-brand procedures mean to them and why do they use multi-brand name procedures?Merely speaking, it is to make larger organization and compete with other individuals.Firstly, the multi-model tactic conforms to the principle of business improvement, i.e. the field enhancement process exists for continuously enlarging and subdividing markets. When IBM mainframes managed the pc industry, it would be impossible to forecast the personal computer developments of today: servers, desktop computers, laptops, tablets, PDAs, workstations, smart phones etcetera?Just as when autos were being very first invented, it would be challenging to even consider the future progress of autos like: SUVs, autos, two-compartment vehicles, MPS, MPV, lorries, microbuses, mini-microbus, limousines and so on?Various merchandise will be developed into the market place for various buyers?distinctive requires, and they require to differentiate with the unique brand names and emphasize positioning.Some individuals can only afford to pay for certain costs other individuals are prepared to shell out greater charges for solutions of higher high quality some like gentle meals other individuals are fond of spicy food items some pursue accomplishment other individuals delight in everyday living?People today of diverse degrees of wealth can pay for various charges unique people today may perhaps be attracted by the attributes of distinctive merchandise values, beliefs essentially existence variations of diverse individuals. These differences lay the foundations for multi-brand name procedures since industries have distinctive sub-divided markets.Next, multi-brand name techniques are also employed as a suggests for each offensive and defensive enterprise tactics. The enterprises can appear for, lead, motivate and develop distinct requires for individuals. If enterprises do not provide precise products and solutions and services for persons unique demands even though protecting impressive manufacturer, their competitors will. Their opponents will develop a a lot more strong brand in purchase to set up a very clear product orientation in individuals?minds. Then enterprises will see their dropped consumers, lesser sector share and its damaged income margins. sixteen million Ford Product-T vehicles have been offered, but fifty% of the American vehicle sector was later on seized by GM Chevrolet, Buick and Cadillac. Confronting opponents?productive brands, enterprises may perhaps compete with them by developing makes of the exact same orientation. Maybach targets the identical customers as Rolls-royce and Bentley, although the definition of shoppers of Lancome, SKII, and Guerlain are all almost the identical. When the current market dominator actively commences applying a multi-manufacturer technique and achieves a variety of customers by obviously defining model combinations, its competitors will be tough-pressed to discover a likelihood to prosper or space to income. Wrigley Organization captured over 60% of Chinese gum marketplace by Wrigley's Doublemint, Spearmint, Juicy Fruit and so on. If you were a single of its competition, where by will your merchandise be observed in supermarkets and retailers?These enterprises have attained strengths by concentrating on common industries and properly implementing model tactics. Mainly because of their market share and model power, they can get greater returns in features these kinds of as suppliers?fees, production and administration, and controlling channels. Enterprises can obtain bigger inventory sector values soon after every single brand name in the market place has attained accomplishment.The System of Developing Many Brand namesEnterprises could generate several brands, but how does this materialize? Simply just talking, they properly outline industry alternatives and then effectively manage their brand names.In buy to give a suitable definition on marketplaces, we should first of all figure out below we are? in other text what our company is, and what form of individuals?calls for we are conference? LREAL concentrates on eauty? GM will involve itself in earning raffic applications on land? LVMH is popular for its uxury? Wrigley manages the um?business.The place are the market place opportunities? Acquire the gum sector for example the demands of this market are various. Some men and women want gum with a solid minty taste other folks want to blow bubbles even though owning fresh new breath. Would individuals be a lot more eager to invest in gum that is excellent for dental hygiene?The response for every single problem actually corresponds with specific individuals, a market place and a potential income possibility.Do some individuals want a sweet sugar-free gum? Are consumers reluctant to invest in this, since its substantial sugar content material will trigger people to attain body weight? If they understood gum made up of xylitol will successfully assist them stay away from cavities, how will they answer to this? These forms of people really exist and so do these types of demands. Do you assume gum devoid of sugar should really be created as shortly as doable? Correct brand name selections have to be manufactured if new products and solutions are designed and proper model selections are based on asking the correct questions: What variety of brands need to be utilised? Ought to the existing model ouble Mint?be made use of or ought to a new brand be established?If the previous manufacturer is employed, ugar-cost-free?and ylitol?should be extra to differentiate previous items and new solutions. If many flavors this sort of as rape? trawberry?and so on are further more added, the name will be modified into rape Flavor Xylitol Doublemint?Furthermore, if the offer ought to have discrepancies, diverse hues can be created for diverse flavors. Thus traditional Doublemint will turn out to be colourful, which will get rid of its obvious orientation and primary brand name impression. Opponents will also get a possibility to create ylitol?sugar-absolutely free gum makes for the market place to get industry share. Also rape Taste Xylitol Doublemint?would not only shed the initial classic indicating of Doublemint gum, but it also lacks competitiveness with it rivals of ugar-absolutely free gum? because the more it needs to have all the functions of other gums, the simpler it will be to lose their original manufacturer orientation.So it is intelligent to produce a new model.A new brand xtra?is created. When a consumer wants refreshing breath, he could buy Doublemint. Even so, If the buyer cares about how substantially sugar he will be consuming, he might desire Further. Hunting at the problem on the big scale, the entire industry is divided into two teams of folks every single will get Doublemint or Excess for the reason that of diverse factors. From the organization perspective, whilst Doublemint and Extra belong to distinctive purchaser groups, the two brand names each contribute to their businesses?performance. If the entire company possesses fastened market place shares and income margins, distinct makes meet up with unique consumers?calls for, why not try out generating a new manufacturer?In fact this instance is very simplified but as usually it is much more complex in true practice. Even so, employing the very same ideas and imagining, we can have an understanding of the logic powering the multi-brand approaches of distinctive markets and enterprises, or we can create our very own way of practice.Administration Emphasis of Numerous ModelsThe main perception of the multi-model tactic is: different markets, diverse makes.Any business concentrating on a multi-model tactic ought to regulate the current models on the substantial scale, don allow for only a solitary brand to produce by itself but make all the models improve alongside one another. Different types of brand name corporations need to be upgraded from tactics, organizations, producing and promoting.If LREAL only concentrates on eauty? are the enterprise executives largely imagining about how to make people extra beautiful? For the individuals through the globe, when they have to have to dye hair, nurse their skin, use perfume, what sort of manufacturers do they imagine of? How do they use these makes? What are their requirements that are not happy? What is the recent craze and how is it transforming?Soon after wholly understanding buyers, the prime leaders in the company will assess the existing model combination in accordance to model perception, benefit, increasing probable and profits contribution. Manufacturers will be managed in a strategic way by signifies this sort of as building, repositioning, buying, selling, combing, deleting, and so on.A multi-brand approach is not concentrating on any makes? but the indicating lies in igh top quality? Dependent on points, enterprises will make a decision what manufacturers to create and how a lot of manufacturers will be created according to authentic wants, subdivided marketplaces and business toughness. Toyota five manufacturers Toyota, SCION, Copen, Hino and Lexus put together provide 7.forty seven million autos in 2004, second location in the planet.The multi-brand name management emphasis lies in the stringent management on margins. Brands by themselves can share some info in facets this kind of as manufacturing, getting, channel negotiation, financing and so on, so that scale outcome can be utilised to foster a competitive advantage. Having said that, brand name differentiations should be emphasized in any areas that buyers can interact with.Differentiations are generally expressed by the subsequent elements: rate details, focus on people, model orientations, products models, kinds, profits channels, products and services, and expertise etcetera... Lexus is a division in the Toyota corporation framework, but it will not market products and solutions and provide products and services as a result of Toyota channels. Its?4S store is fully commited to offer best and specific provider activities LVMH Team will negotiate with the business developing management for all their makes suppliers appearances except for Kenzo, Louis Vuitton and Fendi. These brands retailers upholstering need to be completely distinctive The NOKIA luxury model Vertu core procedures may be less advanced than its other items, it nevertheless helps make difference in the public cell phone market by working with highly-priced supplies for the physique and furnishing 24-hour provider. If you are ready to study these examples, you will find a good deal far more which have manufactured variances among their models. Most importantly, the main objective for differentiation is to make customers believe that that they are acquiring different brand names. Variation is the origin of manufacturer electricity.ConclusionFor Chinese businessmen, it appears to be our opportunities are starting to be less in the everyday use items market these as cosmetics, food items, beverages, autos, mobile phones, and so forth. Basically, our options have develop into much less. In unique nearby markets, levels of competition is among international models and global running skills.In this condition, different organizations, distinct marketplaces and various competitors scenarios have created us thoroughly feel about diverse organization approaches and our brand name strategies. There is no fixed system or approach in branding. It may well be an helpful usually means of making more robust and even bigger business to effectively understand the theory of ne enterprise, many brand names?

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