Do companies seeking patent and trademark protection in Europe apply for EU-wide protections, or do they apply directly to the individual countries?
A company must evaluate the costs and the need for a broad trademark protection. Everything depends, how big is a potential market of the product or service.If you are going to use your brand in at least four Member States of EU, I advice to register the EU trade mark. Why? Because basically paying the same application fee as paying in four countries, you have a protection in all EU (EU trademark costs at least 850 Eur, while a trademark in UK is £170; similarly in Germany or France).But, if your target audience is a single Member State, for example a German market, it might be sufficient to register a trademark only in Germany.Also, if you find a similar or same trademark already registered and used in one Member States, you can be prevented by the owner of that mark to register an EU mark (*some notes explaining my answer - the EU trademark can be opposed by the national mark. So, if there is a Lithuanian mark registered, the owner of this national mark can prevent all other parties to register the European trademark). In such a case, the only possibility for you is to register national trademarks.The national registration is not a bad decision also when:you are still not sure if you keep the brand or will change it in some time (lower investment at the beginning);you are a start-up company, but still want at least the minimum protection;you do not want to monopolise the brand, but you want to prevent somebody else to do it at EU level (you file a cheaper registration in one Member State and in this way you can prevent other companies to register same brand in all EU).You should always check the registered earlier marks at TMview database.Ella Patel, Trademark lawyerInternational Trademark, Design and Patent Registration Services
Can I trademark "Elite Potions" if someone already registered "Kingdom Potion" (same industry and product, but completely different logos and branding)?
I wish there was a good way to answer this but the reality is it depends. The marks appear to be different enough, but there are a lot of variables to review that I can’t do from just this question.You are going to want to get a full extensive search report covering not just the class of goods or services you wish to register your mark in so you can properly compare and see what potential conflicts there might be.And then even if you submit your application and the USPTO approves it for publication there is still a chance that company or another similar will oppose your mark if it feels like your mark and your business are too closely related to what they do.Its just too hard to say yes or no. I would find an attorney to work with on this, I have seen one too many applications go down the drain because people didn’t do a decent search and analyze all the possibilities.Im sure this was not helpful, but if you have more specific questions feel free to email me at shannon@montgomerypllc.com I handle IP frequently.Please note that none of the above is to be considered legal advice nor has an attorney client relationship been created. I do not know you or your situation and I have not been retained as your counsel. This is merely meant as some general legal knowledge
What kind of attorney should I seek to draw up startup documents? And what kind of documents do I need?
If you are From India then you need the following important documents which is required professional like CA/Lawyer -Company Registration Incorporation Certificate with the MOA & AOA - You will get these things during the incorporation of a private limited company. its required always during the opening a current bank account. COI is always treat proof of the company registration.Tax Registration Certificate like GST - if you are deals in goods or service which are taxable then its requried the GST CERTIFICATE. you can show this certificate to your suppliers or bank to avail the gst input credits for the same.Other Below are optional documents which are not popular in India but required -a) Founders agreement - if you are start a company then its required betweeen the founder regarding the roles & responbiilty of the same.b) NDA Agreements - if you hire any website developer or freelancer then you have to create the NDA between the parties so he can’t reveal your ideas to anyone. even during the pitch to investors its required the NDA Agreement for the same.c) Website Terms & Policy with Vendor Agreement - if you are doing any ecommerce type business then you have to draft the website terms and conditions with the refund policy & vendor agreement for the same.d) Trademark Registration - Trademark Registration is optional but if you want to protect your brand name then you can go for it.So ultimate if i talk about the mandatory requirements then there is only above top 2 requirements to register your company and getting the tax certificate only.if you are from India then you can take the help from MyOnlineCA
I am teaching and living in South Korea and have recently become pregnant.?
I have been searching online for what my options are and have decided that termination is the best choice for me. I know that abortion is technically illegal here, but that it is also a widely used form of birth control for unwanted pregnancies. Does anyone know what I can do to receive safe and proper treatment?
How do I get free legal advice in India?
What kind of free legal advice? Is it an area where you can go to Legal Aid? If so, do you meet the income requirements. If so, then look into such groups. They normally help with Landlord/Tenant matters, protection from abuse orders and the like. Law school clinics are also available sometimes. They still have income requirements.If the area involves a cause that organizations are interested in, you might be able to find a group to help you.If it is a criminal matter, you would still need to meet income requirements and have to actually be charged with a crime. Then you (in most circumstances) could get a public defender.) Online, you can go to websites like Avvo, but, the advice is worth what you pay for it and the lawyers will only be able to give general information.
Tips on becoming a great writer?
I love to write, I am currently a college student trying to decide between being a journalist or a lawyer. I eventually want to be a full time fiction writer. Any advice?
What do I risk starting a business without trademarking a name (for a domain) to protect it?
Hey There,You are not risking anything.But, there definitely an advantage if you have Trademark in your basket, trust me, that attracts investors.Coming to the details of your question:A Trademark is a name, logo, tagline, colors that identify a product or service. Business owners are given rights on their trademarks. Trademark is essential as it protects any word, name, slogan, design, or image that identifies a business or brand and distinguishes it from others. It also gives right to the mark and allows the holder to file lawsuit against infringers. It has an unlimited term but must be renewed after every 10 years.Process for Trademark registrationBefore you start registration of your trademark, you need to conduct a trademark search in which you need to search the trademark database to check whether there is any other similar or identical trademark. After the completion of trademark search, Trademark registration can be filed with the fees in the Trademark Registrar. Then the registration application is allotted to a Trademark officer, who decides whether the application is accepted or rejected. If the trademark registration application is rejected, the applicant can appear before the officer to address the problem occurred at a given date and time. When the application is accepted it is published in the trademark journal with other trademark registrations for the public to see and if needed then oppose. If there is no objection within 90days then registration is accepted. But if there is an objection then a hearing is called before the Trademark hearing office where the applicant and the objecting party gives evidence for their stand. Based on the evidence and hearing the officer decides to accept or reject the Trademark registration.If not opposed then the Trademark registration certificate will be given.Documents Required for Trademark Registration· Date of using the Logo/Tagline (Any supporting document for the same)· Power of Attorney signed by the applicant· Softcopy of the Logo/Tagline- See more at: Trademark Registration process - WazzeerIn case, you are thinking of getting some free advise from an experienced Lawyer (and Accountant), checkout Counsel application of Wazzeer.#WazzeerKACounselPS: Wazzeer Loves entrepreneurs #GoGetIt
What does one do if they paid a debt collector 2 years ago, and today a brand new agency is asking for it?
Their name is Bryant,Hodge & Associates...my checking account says Bryant, Hodge & ACH. All the phone numbers I had for them are out of service. I know you shouldn't do what I did with regards to paying a credit card...now.... that's why I feel absolutely sick about what I did knowing I probably got ripped off. I called consumer protection(banking) who gave me a different number to reach them, and I kept getting transferred. Finally I spoke with the "manager" who said they destroy files after a year and they have nothing of me on file. The person I had dealt with originally no longer worked there. They can't do anything for me they said, cause they said I must have something from them on paper from the mail. But I never got anything, it was handled on the phone, I know completely stupid of me. The card was opened in 2002, scheduled to be removed from my credit report in 2012. But what do I do with the new person, whose threatening with court etc.....just pay them if they verify e