According to the Department of Commerce, losses to U.S. businesses from the counterfeiting of trademarked consumer products are estimated at $200 billion a year. A model trademark law proposed by the International Trademark Association and currently winding its way through the legislative process in California includes a provision which appears to be an attempt to slow this ever growing enterprise.

In the case of brick and mortar commerce, this provision appears to be entirely reasonable. If a landlord leasing retail space to a business receives a cease and desist letter from a mark owner, the landlord has the ability to visit the property and investigate the claim. Likewise, a swap meet operator receiving such a cease and desist letter can investigate the claim and, presumably after personally inspecting the complained of goods, would have the ability to determine whether the goods are infringing or legitimate. Given the ability to reasonably investigate any such infringement claims, it is reasonable that persons akin to landlords and swap meet operators bear some responsibility for merchandise sold on their premises. However, the question being posed now by Internet activists such as the Electronic Frontier Foundation is how such a provision will play out in cyberspace.

 The proposed new trademark law provides that the owner of a state registered mark may bring an action for infringement against any persons that “knowingly facilitate, enable, or otherwise assist a person to manufacture, use, distribute, display, or sell any goods or services bearing any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter, without the consent of the registrant.” Under the new trademark law, a person is presumed to have acted knowingly if that person continues to engage in the complained of activity following delivery and receipt of a cease and desist demand letter containing certain language and information.

While companies such as Google, Yahoo and eBay have a large enough legal department to handle the predicted onslaught of cease and desist letters, smaller providers would be hard pressed to deal with the receipt a significant number of cease and desist letters in a cost efficient manner. Rather than face litigation and any possible adverse judgment, its likely that a smaller provider would rather terminate service to the alleged infringer.

Cease and desist letters sent under California’s proposed new trademark law appear somewhat related in function to the “takedown notices” under the Digital Millennium Copyright Act. The takedown provisions of the DMCA essentially compels an internet service provider to disable access to material allegedly infringing the complainant’s copyright or otherwise face the loss of immunity from claims of contributory infringement. Similarly, under the proposed trademark law, an ISP who receives a cease and desist demand could face a trademark infringement claim if it continues to provide access for the infringer or otherwise continues to facilitate the infringing activity.

bolivia trademark

The U.S. customs and FDA work closely and recently while doing a spot examination of a mail shipment of foreign drugs, the US Customs revealed that such shipments usually contain counterfeit and unapproved drugs that create severe safety problems. This joint operation by customs and FDA was carried out to help customs and FDA stop counterfeit and potentially unsafe drugs from entering the United States. Ideally this is the task of compliance programs.

CFSAN and the effects FDA compliance failure

FDA compliance programs are documents created by agencies that guide Agency field offices for investigations, inspections, sample collections, sample analysis, and regulatory activities in defined program areas, such as domestic seafood and pesticides in domestic foods. FDA compliance is necessary for the businesses selling food, cosmetic and medical products in the US. FDA compliance standards issued by CFSAN are updated every 3 years but for some programs they are re-issued sooner due to changes in procedures, regulatory concerns, etc. One such standard for compliance is FDA's Quality Systems Regulation (QSR). Complaint handling and reporting requirements are an integral part of the FDA QSR.

For businesses dealing with food products, FDA anticipates that it, or a state agency acting on its behalf, will discover a domestic facility's failure to be registered during a routine food safety inspection. During the inspection the inspector will check for FDA validation with respect to the validity of the registration. If the facility is not registered, then that is brought to the notice District FDA Compliance
Branch.

Regulatory action can take place in cases of continuing failure to register and in cases which may cause a threat to food supply, adverse health or death to people or animals. In addition, FDA may also consider the failure to register as an additional charge in a legal action on other statutory violations.

For foreign facilities, the FDA law generally enforced is based on the registration requirements in accordance with the policies set out in the "Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness Response Act of 2002" (revised November, 2004)"

To avoid such experiences, FDA Registrar Corp helps companies comply with U.S.

such as:

* U.S. FDA Food Facility Registration

* U.S. Customs and FDA Prior Notice (Forms to ship food and beverages to the USA)

* U.S. Food Labeling Regulations

* U.S. Food Canning Establishment Registration (FCE) and Process Filings (SID)

* U.S. FDA Medical Device Establishment Registration

* U.S. FDA Medical Device Listings

* U.S. FDA Cosmetic Registration

* U.S. FDA Cosmetic Formulation Filings, etc.

FDA compliance made quick and easy!

It is often difficult to comprehend FDA standards and regulations. So, FDA Registrar Corp makes it convenient for companies to overcome the hurdles of complex paperwork required by FDA law. This FDA consulting support is particularly helpful to non-U.S. companies that may need to overcome language barriers, time barriers and cultural barriers with regard to U.S. government paperwork and requirements.

First, it's not possible to copyright a slogan.

Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

TRADEMARK REGISTRATION

Marit Lee is a Researcher for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or call Marit directly at 800.550.1520.

PATENT REGISTRATION

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It may be possible to file for a trademark for the slogan as long as it's used to indicate & identify the source of goods/services.

If we're talking about a merely informational slogan or a slogan that conveys advertising information, it's not eligible for trademark registration.

Let's take a look at what the USPTO says (and then what that actually means):

"Slogan or phrases used on items such as t-shirts...have been refused registration as ornamentation that purchasers will perceive as conveying a message rather than indicating source of the goods."

What that essentially means is that if your slogan is merely displayed on the goods themselves and is NOT identified as the source, then the USPTO will likely refuse registration. This is a tricky, gray area so seek advice should you have a slogan that you intend to use for products.

"Use of a...slogan to convey advertising or promotional information...is not service mark use."

The concept is similar to that for goods as described above. Basically, if your slogan describes your service and/or serves as advertising copy, it's not likely eligible for trademark registration. Again, this is a tricky, gray area so seek advice should you have a slogan that you intend to use for services.

After reading this it may seem impossible for any slogan to qualify for trademark protection but really that is not the case. It's all in how the slogan is used & presented. For example, both Nike's ® slogan Just Do It ® and McDonald's ® slogan I'm Lovin' It ® are Federally registered trademarks.

India has amended its trademark law to simplify and streamline the administration of the trade marks law and procedures in the Indian Union. Major changes that have taken place in the Trade Marks Act, 1999 which has replaced the earlier Trade & Merchandise Marks Act, 1958 are:

1. The new Act has enlarged the definition of trade mark. It now includes shape of goods, packaging and combination of colours which can be adopted as a trade mark.

2. The Act provides for registration of trade mark for services in addition to goods.

3. It abolished Part B registration thereby provides for a single Register of Trade Marks with simplified procedures for registration.

4. The Act has simplified the procedure for licensing of registered trade mark (registration of registered user).

FDA compliance made quick and easy!

It is often difficult to comprehend FDA standards and regulations. So, FDA Registrar Corp makes it convenient for companies to overcome the hurdles of complex paperwork required by FDA law. This FDA consulting support is particularly helpful to non-U.S. companies that may need to overcome language barriers, time barriers and cultural barriers with regard to U.S. government paperwork and requirements.

First, it's not possible to copyright a slogan.

Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, films, sculptures, music, fiction, etc. But can also include things that may not necessarily seem "artistic" in the general sense of the word. Copyrights can also be obtained for advertising copy, games, software programs and blueprints, to name just a few.

TRADEMARK REGISTRATION

Marit Lee is a Researcher for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or call Marit directly at 800.550.1520.

5. It also provides for establishment of an Intellectual Property Appellate Board for speedy disposal of appeal from Registrar orders and decision.

6. It provides for registration of collective marks owned by association of persons.

7. The new Act has transferred the final authority for registration of certification of trade marks to the Registrar.

8. It prohibits use of other’s trade mark as part of corporate name or name of business concern.

9. It provides for multi class filing of a single application for goods or services falling in more than one class.

10. It increased the period of registration and renewal to 10 years.

11. It has made some trade mark offenses cognizable and provides for enhanced punishment for offenses relating to trade marks for preventing sale of counterfeit products. The Act has enlarged the powers of the court to grant ex parte injunction in certain cases.