Most Inventors are Fully Aware of Patents and the Patent Process. But There are Other Forms of Protection That Can be Vital to Your Success. In This Issue, Ken Tarlow Looks at Trademarks.
By Ken Tarlow
A Trademark is either a word, phrase, symbol, or design or combination thereof, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
It's wise to check to see if the name you want to use for your product has already been taken. You can do a trademark search yourself at your local patent library or you can have a search done for you by a patent attorney or agent.
Once you know that the name is clear, you can fill out a trademark application form and include a drawing showing how and where the name will be used. All applicants must include a drawing page or the application will be denied a filing date and returned to the applicant. The PTO uses the drawing to file the mark in the PTO search records and to print the mark in the Official Gazette and on the registration.
The drawing must be on pure white, durable, non-shiny paper which is approximately eight and one-half inches wide by 11 inches long. There must be at least a one-inch margin on the sides, top and bottom of the page and at least one inch between the heading and the display of the mark.
At the top of the drawing, there must be a heading, listing on separate lines, the applicant's complete name, address, the goods and services specified in the application and in applications based on use in commerce, the date of first use of the mark and the date of first use of the mark in commerce. This heading should be typewritten. If the drawing is in special form, the heading should include a description of the essential elements of the mark.
The drawing of the mark should appear at the center of the page. The drawing of the mark may be typewritten or it may be in special form. If the mark includes words, numbers or letters, the applicant can usually elect to submit either a typewritten or a special form drawing. If the applicant wishes to register a mark consisting of only words, letters, or numbers, without indicating any particular style of design, the applicant may provide a typewritten drawing. In a typewritten drawing, the mark must be typed entirely in CAPITAL LETTERS, even if the mark, as used, includes lower-case letters. Use a standard typewriter or type of the same size and style as that on a standard typewriter.
If the applicant wishes to register a word mark in the form in which it is actually used or intended to be used in commerce, or any mark including a design, the applicant must submit a special form drawing. In a special form drawing, the mark must not be larger than four inches by four inches. If the display of the mark is larger than four inches by four inches, the application will be denied a filing date and returned to the applicant. The mark in a special form drawing must be identical to the display of the mark on the specimens. However, the drawing must appear only in black and white, with every line and letter black and clear. No color or gray is allowed
NEXT ISSUE: Copyrights
Ken Tarlow is president of Tarlow Design, a full-service product development company that helps independent inventors design, prototype, patent and license consumer product ideas. He has developed more than 300 consumer products worth over one billion dollars in retail sales. Tarlow's office is in San Rafael, CA. He may be reached at (415) 457-6428.
The above article was excerpted from Tarlow's MIND TO MONEY, a cassette tape/workbook package that can help you develop a new product from the idea stage to the marketplace. MIND TO MONEY may be ordered from the Dream Merchant at $59.95 plus $4.95 CA sales tax and$5 shipping and handling ($69.90 total). Send orders to the Dream Merchant, 2309 Torrance Blvd., Suite 104, Torrance, CA 90501.
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