Trademark and copyright infringement and cost report

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Presentation transcript:

Trademark and copyright infringement and cost report HTRC, Trademark Design Trademark and copyright infringement and cost report

A Trademark Protects names, terms and symbols that are used to identify the source of goods and/or services on the market. In other words, a trademark lets the consumer distinguish one company's offerings from another's. ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

A Trademark Trademarks include brand names such as "Coca-Cola" and images such as Nike's famous "swoosh." As the owner of a federally registered trademark, you can sue for trademark infringement in federal court and prevent the importation of foreign goods that display your trademark. ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

A Copyright Protects original creative works such as books, movies, songs, paintings, photographs, web content and choreography. ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

A Copyright As the owner of a federally registered copyright, you can control how your work is reproduced, distributed and presented publicly, and you can sue infringers in federal court and prevent others from importing infringing goods. ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

Infringement of copyright under Section 107 of the Copyright Act Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

Infringement of copyright under Section 107 of the Copyright Act In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) —the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

Infringement of copyright under Section 107 of the Copyright Act (2) —the nature of the copyrighted work; (3) —the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) —the effect of the use upon the potential market for or value of the copyrighted work. ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

After conducting Research at the United States Patent and Trademark Office (USPTO) within their Trademark Electronic Search System (TESS), as well as several Internet search engines to determine if there are conflicts with the design mark “H” within a broken circle ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

A Summary My Findings Concludes That the object as describe by HTRC is one that already exist ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

The existing Trademark is for a company Called―Word Mark H C That Provides Goods and Services Foods Dietary Supplements Beverages ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

The Best Recommendation is to alter the design so that it is more unique, or choose a design no longer being used because the Indicator is mark DEAD For Example ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

Trademark Fee Information Almost all Trademark Fees for any part of the process are calculated on a “per class basis” for all listed goods and/or services, which will make overall fees higher if goods/services fall in more than one Class ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

Trademark Fee Information Also, fees presented here are based on electronic filing (paper filings, are permitted, but have much higher associated fees). Option 1: $225 Option 2: $275 Option 3: $400 ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)

References United States Patent and Trademark Office. (2017). Uspto.gov. Retrieved 24 March 2017, from https://www.uspto.gov/ TESS -- Error. (2017). Tmsearch.uspto.gov. Retrieved 24 March 2017, from http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4805:609l9p.1.1 ("United States Patent and Trademark Office", 2017)("TESS -- Error", 2017)