Not Just Patents ® can help your business by helping you to acquire Trademarks and Copyrights in the U.S. and abroad and help you monitor and enforce those rights. See Steps to a Trademark for more information on acquiring Trademark rights.




Anti-Counterfeit enforcement &

anti-Piracy enforcement

Secure Rights Through Registration and Prosecute Counterfeiters and Pirates

Copyrighted works are protected against unauthorized reproductions or distribution by criminal sanctions in the U.S. if the copyright owner takes action to protect their work. A copyright owner has the duty to monitor commercial transactions involving their work and inform federal law enforcement of pirates, pirated goods, counterfeit trademarked labels, etc. (See 18 USC 2319 Criminal infringement of a copyright.)


Trademark owners can also protect their goods and services against counterfeiters by monitoring commercial use of their federally registered marks or confusingly similar marks and alerting federal law enforcement of counterfeiting. (See 18 USC 2318 Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging and 18 USC 2320 Trafficking in counterfeit goods or services.)

A trademark owner with a trademark on the Principal Register may also seek protection through exclusion orders from the International Trade Commission (ITC) barring the products at issue from entry into the United States, as well as a cease and desist order directing the violating parties to cease certain actions under Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Some trademark common law rights are also protectable through the ITC.

“Section 337 specifically declares the infringement of the following statutory rights to be unlawful import practices: a U.S. patent or a U.S. copyright registered under Title 17, [ and] a registered trademark . . . In cases involving infringement of these intellectual property rights, there is no injury requirement.” (Source: U.S. International Trade Commission Answers to Frequency Asked Questions.)


Record Trademarks, Tradenames, & Copyrights with U.S. Customs & Border Protection Service

Enforcement of Intellectual Property Rights (IPRs) for U.S. businesses (with recorded IP rights) is growing with government-wide efforts being made to protect business from threats from abroad. Seizures by U.S. Customs and Border Protection (CBP) (part of the U.S. Department of Homeland Security) are growing every year with $196,754,377 in goods seized in 2007. See U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement FY 2007 Top IPR Commodities Seized.

The most common goods that are seized in violation of U.S. Trademark, Trade Name and Copyright Law are footwear, wearing apparel, consumer electronics (consumer electronics includes cell phones and accessories, radios, power strips, electrical tools and appliances), handbags/wallets/backpacks, pharmaceuticals, computers, hardware, media (media includes motion pictures on tape, laser disc, and DVD; interactive and computer software on CD-ROM; and music on CD or tape), sunglasses and headwear.

Many businesses and individuals protect their innovations and goods by recording their rights with the Customs and Border Protection (CBP). For examples see: Examples: U.S. Customs and Border Protection- Intellectual Property Rights. This chart contains Copyrights, Trademarks and Tradenames of some of the over 23,000 recordations that are currently being protected by the U.S. Customs and Border Protection (CBP). Examples in this chart include software, hardware, jewelry, food, books, manuals, key chains, vehicle accessories, electronics, clothing, web sites, toys, pharmaceuticals, and more.

Intellectual Property Owners of trademarks, copyrights and tradenames must take action-- Record Their Rights--to have their Intellectual Property Rights protected from threats from abroad. Without recordation, the CBP cannot enforce the importation of counterfeit and pirated goods.

“The trade in counterfeit and pirated goods threatens America’s innovation economy, the competitiveness of our businesses, the livelihoods of U.S. workers, and, in some cases, national security and the health and safety of consumers. The trade in these illegitimate goods is associated with smuggling and other criminal activities, and often funds criminal enterprises.”

U.S. Department of Homeland Security at http://www.cbp.gov/xp/cgov/trade/priority_trade/ipr/overview_ipr.xml.

Goods or services with trademarks that have been registered on the USPTO Trademark Principal Register or Copyrights registered through the Library of Commerce can be protected through U.S. Customs and Border Protection (CBP). There is a fee per classification and protection lasts for the life of the trademark  or copyright (can be indefinitely). Unregistered trade names (or trade styles) that are being used by manufacturers or traders (6 month minimum use) may also be recorded with CBP to afford the business with increased intellectual property protection.

Protection by the U.S. Customs and Border Protection (CBP) is in the form of seizures of fake goods or gray-market goods, denial of entry of goods into the U.S. and civil fines “on any person who directs, assists financially or otherwise, or aids and abets the importation of merchandise for sale or public distribution that bears a counterfeit mark resulting in a seizure of the merchandise under 19 U.S.C. 1526(e).”


Not Just Patents ® Legal Services provide a broad range of services for Intellectual Property Protection. Call us with questions at (651) 500-7590. Don’t assume that protecting your legal rights is too expensive if you haven’t even called to see what it would cost. In today’s economy (and for the future), Intellectual Property may be one of the best ways to invest in your business.

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Call 1-651-500-7590 or email info@notjustpatents.com or ContactTrademark.com for Responses to Office Actions; File or Defend an Opposition or Cancellation; Patent or Trademark Searches and Applications; Send or Respond to Cease and Desist Letters.

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Patents

Trademarks

Steps to a Patent    How to Patent An Invention

Patent Search Steps

Trademark e Search    Strong Trademark     Enforcing Trade Names

Common Law Trademarks  Trademark Goodwill  Abandoned Trademarks

Should I Get A Trademark or Patent?

Patentability Evaluation

Trademark Disclaimers   Trademark Dilution     Oppose or Cancel?

Examples of Disclaimers  Business Name Cease and Desist

35 U.S.C. 101 Inventions patentable.

Verify a Trademark  Be First To File   How to Trademark Search

35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent.

Using Slogans (Taglines), Model Numbers as Trademarks

Which format? When Should I  Use Standard Characters?

35 U.S.C. 103 Conditions for patentability; non-obvious subject matter.

Trademark Statistics    Business Name Cease and Desist Letters

How To Answer A Trademark Cease and Desist Letter

35 U.S.C. 282 Presumption of validity; defenses

Trademark Refusals    Does not Function as a Mark Refusals

37 CFR § 1.53 Application number, filing date, and completion of application

Acceptable Specimen       Supplemental Register  $199 Statement of Use

How To Show Acquired Distinctiveness Under 2(f)

Filing Requirements for Patent Applications

Trademark Attorney for Overcoming Office Actions

Functional Trademarks   How to Trademark     Surname Refusal

List of U.S. Patent Classifications

Grounds for Opposition & Cancellation     Cease and Desist Letter

How Do U.S. Patent Classifications Work?

Valid/Invalid Use of Trademarks     Trademark Searching

Patent Statistics     Sample Patent, Trademark & Copyright Inventory Forms

Examples and General Rules for Likelihood of Confusion

USPTO Search Method for Likelihood of Confusion

Examples of Refusals for Likelihood of Confusion  DuPont Factors

Proximate Function

Color as Trade Dress  3D Marks as Trade Dress

Invention Information-  What is the Invention?

Ornamental Refusal  Standard TTAB Protective Order

Patent Field of Search

Descriptive Trademarks Trademark2e.com  Likelihood of Confusion 2d

Patent search-New invention

Merely Descriptive Trademarks   Merely Descriptive Refusals

Patent Search-Non-Obvious

Register a Trademark-Step by Step   Trademark Fixer

Difference between Provisional and Nonprovisional Patent Application

Likelihood of confusion-Circuit Court tests

Pseudo Marks    How to Reply to Cease and Desist Letter

Converting Provisional to Nonprovisional Patent Application (or claiming benefit of)

Overcome Merely Descriptive Refusal   Overcome Likelihood Confusion

What Does ‘Use in Commerce’ Mean?    SCAM Letters

Shop Rights

Section 2(d) Refusals   ApplyToTrademark.com

Patent Pending see also Patent Marking

Typical Brand Name Refusals  What is a Family of Marks?

Patent Drawings

Trademark Steps Trademark Registration Answers TESS  

Trademark Searching Using TESS  Trademark Search Tips

TSDR Trademark Status and Document Retrieval

What is a Small or Micro Entity?

Published for Opposition see also Opposition Steps/Cancellation Steps

Counterclaims and Affirmative Defenses

How to Respond to Office Actions

What is a Compact Patent Prosecution?

Protecting Trademark Rights (Common Law)

Steps in a Trademark Opposition Process   How do I Know If Someone Has Filed for An Extension of Time to Oppose?

Changes To Implement the First Inventor To File Provisions of the America Invents Act

What is the Difference between Principal & Supplemental Register? What If Someone Files An Opposition Against My Trademark?

Patent steps

How to Respond Office Actions  DIY Overcoming Descriptive Refusals

PCT Patent Application information

Trademark Clearance Search   DIY Trademark Strategies

Provisional Patent Effect on Patentability

Samples of Responses to Office Actions

ID of Goods and Services see also Headings (list) of International Trademark Classes

Broad Patents

Geographically Descriptive or Deceptive

Making Amendments in Response to Office Actions

TTAB/TBMP Discovery Conferences & Stipulations

TBMP 113 Service of TTAB Documents  TBMP 309 Standing

Examples Office Action Responses More Examples

Trademark Incontestability  TTAB Manual (TBMP)

Trade Secrets

What are Dead or Abandoned Trademarks? Can I Use An Abandoned Trademark?  Can I Abandon a Trademark During An Opposition?

State & Federal Trade Secret Laws

Differences between TEAS and TEAS plus  Zombie Trademark

Chart of Patent vs. Trade Secret

What Does Published for Opposition Mean?

How to Keep A Trade Secret

Acquired Distinctiveness  2(f) or 2(f) in part Extension of Time to Oppose

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