Protecting A Logo: One Key to Branding Success

Logos play an important part in marketing and brand recognition. Take, for example, Nike's "Swoosh," Mercedes-Benz's "Star," or Target's "Bullseye." These logos have become immediately recognizable as identifying the source of particular goods and services. Typically, companies will invest a lot of capital developing a flashy or eye-catching logo in order to build strong brand recognition. However, in building this brand recognition, companies, especially small businesses, may sometimes overlook the importance of protecting their logos through the trademark registration process.

Many trademark applications are filed using simple word marks in a standard character drawing. The standard character form is appropriate when the applicant wishes to register a mark that consists only of one or more words, letters, numbers, common forms of punctuation, or combinations of any of these elements, without any particular stylization. On the other hand, a trademark application for a logo cannot be filed using a standard character drawing. Instead, a special form drawing must be used. Special form drawings are required if the mark includes a two or three dimensional design, color, or words, letters, or numbers in a stylized form. Despite the fact that different drawing forms are required, a logo may be registered as a trademark just as easily as a word mark.

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Another difference between logos and word marks becomes readily apparent when conducting a trademark search. Word marks may be easily searched by keyword to locate marks that are the same as or similar to the mark being searched. But how does one search for a logo, especially if the logo does not contain words? The answer lies in the design codes.

Protecting A Logo: One Key to Branding Success

The United States Patent & Trademark Office (USPTO) maintains a searchable design mark database. Trademarks that only contain standard characters, type print, block or stylized lettering are not coded because they do not include design elements. However, if a trademark registration or application does contain a design element, then the mark gets coded based upon the particular designs featured in the mark.

The design search code is a numerical classification index that codifies design elements into categories, divisions, and sections. There are currently twenty-nine categories ranging from celestial bodies, natural phenomena, and geographical maps (category 1) to arms, ammunition, and armor (category 24). Each design element in a specific category is given a six-digit number, with the first two numbers indicating the category, the second group of two-digit numbers representing the division, and the last group of two-digit numbers indicating the section. For example, the Mercedes-Benz "Star" is coded as 01.01.01, which represents celestial bodies, natural phenomena, and geographical maps (category 01); stars, comets (division 01); and stars with three points (section 01).

Using the design codes, a search can be performed to review all designs with a particular design element, or all designs which incorporate a combination of design elements. For example, if you wanted to review all the designs featuring a cat wearing a top hat, you would enter the design codes for domestic cats (03.01.04) and top hats (09.05.02).

Although the methods of searching for a word mark are different from that of a logo, the examination process for each type of mark is very much the same. One of the main issues considered by the examining attorney is whether an applicant's mark would create a likelihood of confusion with any registered or pending marks. The examining attorney searches registered trademarks and pending trademark applications for marks substantially similar to the applicant's mark as to be likely to cause confusion as to the source of the goods or services. If the examining attorney discovers any such confusingly similar marks, applicant's mark will be refused registration.

Similarity between word marks is found by comparing the appearance, sound, and meaning of the applicant's mark and the cited marks. A finding of similarity as to any one of the above factors may be sufficient to support a refusal based upon a likelihood of confusion. With logos, the question of the similarity of the marks is determined primarily on the basis of their visual similarity. However, if the logo contains words, greater weight is often given to the word portion of the mark. On the other hand, if the words are merely descriptive or generic, the design portion of the mark would be given greater weight. That being said, the mark, whether a word mark, logo, or combination logo-word mark, must be viewed as a whole, and each case turns on its own facts.

A memorable or flashy logo can go a long way in helping build strong brand recognition. New businesses or existing businesses that use logos to mark their goods or services should take the required steps to protect such valuable assets. Having a trademark search performed can help determine whether the logo is available for use and registration. It is advisable to conduct a search as early as possible to prevent spending thousands of dollars developing and promoting the logo only to find that a confusingly similar logo already exists. If the search results are favorable, the next step towards gaining trademark protection for your logo is filing a trademark application with the USPTO. If your logo ultimately registers, you will receive all the rights and benefits associated with federal trademark registration.

© 2006, Gallagher & Dawsey Co., LPA
December 2006

DISCLAIMER

We hope you understand that a brief article cannot provide accurate legal advice. Accordingly, nothing in the above is intended as specific legal advice to any person. Such legal advice can only be given by a qualified practitioner after a careful review of all the individual facts. We urge you to consult us, or another licensed professional, before you proceed.

Protecting A Logo: One Key to Branding Success

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Violation Nation - What We Are Hearing About RESPA Crime Today

"Have you heard of the term, 'organized crime?" one reader asked, in commenting on the state of the industry today. "They are bad news bears and are eliminating legitimate unbiased businesses," another reader said, remarking on the proliferation of affiliated business arrangements. It's time once again to take the pulse of the industry for our ongoing "What we're hearing" report. In a recent poll on RESPAnews, we asked, "How's the market where you are in terms of the number of kickbacks and RESPA violations you're seeing?"

Survey says...

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"Have you heard of the term, 'organized crime?'" one reader asked, in commenting on the state of the industry today.

Violation Nation - What We Are Hearing About RESPA Crime Today

"They are bad news bears and are eliminating legitimate unbiased businesses," another reader said, remarking on the proliferation of affiliated business arrangements.

It's time once again to take the pulse of the industry for our ongoing "What we're hearing" report.

In a recent poll on RESPAnews.com, we asked, "How's the market where you are in terms of the number of kickbacks and RESPA violations you're seeing?"

Survey says...

Nearly 100 readers responded, with a full 60 percent saying, "They're increasing. Corruption is rampant here."

Just 12 percent said, "They're decreasing. People are paying attention to HUD's enforcement warnings," while 28 percent said, "They're staying the same. Some people still need extra incentives to do business and some don't."

One respondent said, "I am sick and tired of the regulators doing nothing about the blatant violations. I have been reporting violations to the DOC for years. They do absolutely nothing, and this is hurting my business."

Another said, "It's been around for awhile, but it seems to be getting worse."

Yet another stated, "Brokers continue to pay Realtors under the table or offer to pay them for each referral. Out-of-sight, out-of-mind theory: It's just you and I, and no one else knows. Meanwhile, legitimate brokers are being shunned. The bigger problem lies with the lead generators falsely advertising that the borrower wins when they apply and receive calls from four lenders. The problem is that those lenders have paid and thereby are not obligated to be competitive. Borrowers think they are applying to most online companies who are nothing more than lead generators who are selling their information over and over again."

And another added, "Let's all play by the same rules and make it a level playing field for the clients and the brokers to do business on a fair and equitable basis with straightforward truth and honesty."

State of the nation

Here's what we're hearing anecdotally from readers across the nation and across industry lines.

Disclaimer: We cannot confirm that any of these alleged practices are occurring, nor can we claim for certain that they violate RESPA. All reports were received from members of the industry in each respective state.

Arizona

"I encounter the bait-and-switch, kickbacks, etc. constantly in Yuma and, most importantly, in the Phoenix area with Phoenix lenders (primarily brokers). I chalk this unfortunate situation up to nothing more than greed."

California

"I have been a sales rep for the last 10 years in two different counties in California. The counties I work in are not as competitive as the larger counties in Southern California. I have seen many different title companies taking fines from the Dept. of Insurance and I have never seen a Realtor who is usually asking for the perks get in any type of trouble whatsoever. Why are the violations so one-sided? If the perks were never asked for, then it would never be a problem."

"What about all of the illegal kickbacks that are being paid to the brokers and agents for the use of the affiliated escrow and title companies? This problem is rampant, it must be stopped immediately. Consumers are being ripped off by having to pay higher prices to the affiliated companies so they can pay the illegal kickbacks to the brokers and agents. This is well known throughout the industry, but the regulators don't do anything about it. I am sick and tired of having to compete against this illegal activity."

Illinois

"Underwriter/lawyer/agent subterfuge only exists in Northern Illinois. Tell HUD to clean it up. The Illinois DFI certainly doesn't want to ruffle any feathers."

Indiana

"Brokerages are pushing their independent subcontractors to use their title companies, mortgage loan company and allow the sales agents to pick the one or two approved appraisers. The consumer doesn't have a chance in Northwest Indiana."

Kentucky

"I was told secondhand that HUD was in town investigating rumors of kickbacks from a mortgage company to Realtors in Paducah. I don't wish ill to them, I just would like the playing field level so we little people can play, too! Supposedly, for every loan closed with them, they would give them 0 in 'advertising' money. I'm not one to stick my nose in other people's business, but it's at the point where it's affecting my business also."

Ohio

"One large underwriter closed a large AfBA with the second-largest real estate company in Columbus, Ohio, and the Realtors just move down the road to the next company that will create a sham business to put money back in the prohibited entity's hands. Title insurance, although a commodity, is a service industry and we need to get back to that. Realtors and mortgage lenders make the largest gross revenue per real estate transaction. I would not be disappointed at all to see AfBAs or joint ventures go away. They are bad for the consumer."

Oklahoma

"Oklahoma is corrupted all the way to the state capital and no-one seems to be interested in bringing it to a halt. At least a dozen questionable LLC's exist in Tulsa alone between Realtors, builders, title insurance companies, closing companies and lenders. The state insurance commissioner and the state attorney general have been notified for years but always turn a blind eye once the Realtors stop financing their re-election campaigns. Oklahomans are being swindled out of millions of dollars every year, but we can't get any help. HUD really needs to crack down on the big insurance companies that are allowing these practices to continue."

"Sham AfBAs are going on in every state. In Oklahoma, I am constantly in competition with my own underwriters. The nationwide title insurance companies are taking over all the business in every state and we feel helpless to do anything about it."

"I've been screaming about this for three years and noone listens. The agents are conflicted over whether to get the best deal for the customer or put more money in their own pockets. There are too many of these illegal AfBAs across the country, but how can they be stopped? The big Realtors and builders have found an unregulated industry and are ignoring every aspect of RESPA, and it is all being blessed by the underwriters and our spineless insurance commissioner. I am fed up with the level of corruption. The public has no concept of what is happening and the bad guys and their attorneys are capitalizing on that ignorance to win the war and continue to take hundreds of thousands of dollars every year in illegal kickbacks."

Pennsylvania

"My business has been greatly damaged by sham AfBAs that don't do ANY of the title work, let alone perform 'core title services.' Unfortunately, I am in a small town and turning in the offending parties is tricky."

Massachusetts

"Kickbacks by lawyers to lenders is common in Massachusetts -- typically 0 per closing. Is this not sharing legal fees? Kickbacks to lenders by appraisers is also commonly known in Massachusetts, New Hampshire and Connecticut. Is this not the lender getting appraisal fees without a license? We see no end to the practice."

Michigan

"Michigan is out of control!"

Nevada

"Several real estate companies in the Las Vegas market are ties with mortgage companies. That is not so new, but when they are recruiting agents, their fees are so low that it concerns me that they are subsidizing the cost for the agents' fees on the real estate side with the mortgage fees. This to me would be an influence to the consumer even if they disclosed they were receiving compensation from the lending side. The consumer acknowledging the compensation may do so unknowingly or is lead by the agent in a manner that is not apparent to the consumer and are actually paying more for the cost of the loan to subsidize the agent's or broker's overhead cost of doing business. One company also was advertising 125 percent commission on the sale if tied with a mortgage from the company. New homebuilders do this all the time with their lenders offering incentives only through the in-house lender. My thought is that if this practice is allowable, that we should do the same to stay competitive in the marketplace, although I do not believe this to be in the best interest of the consumer, and would violate the fiduciary responsibility of the agent and the broker."

Texas

"RESPA violations are plentiful in the Dallas-Ft. Worth area, as many Realtors do not disclose anything and some mortgage companies are receiving gifts from appraisers to get more of their business that is not disclosed by either party."

Virginia

"A problem that I continually see in our market lies with CRESPA (Consumer Real Estate Settlement Protection Act) - approved settlement companies marking-up fees. Typically, I see the surveyor's fee increased 0+ with the HUD line reading 'Survey to Sam Surveyor/XYZ Settlement Services...0." Having made inquiry of the surveyor, I was able to confirm that his invoiced fee was 0. Same thing occurs with the abstractor's fee. Fees are charged for the preparation of the R-5 form (a Virginia-required seller form ONLY if the seller is moving out-of-state or is an out-of-state resident) even if the seller is a Virginia resident and not moving out-of-state. The most disturbing thing that I see is the marking-up of title insurance rates beyond the normal rates found in Virginia. What I encounter are companies charging no or a minimal settlement or closing fee and then marking-up the title premium 0-0. We also have a situation where a particular title agency whose primary stockholders are various local banks. Loan officers are paid bonuses by the bank for every loan that is insured through the bank-owned title company. Borrowers are given a very lukewarm choice of competing title companies and, on occasion, a loan is approved with an unwritten agreement that the borrower will use the bank-affiliated title company. Title companies having affiliations with local Realtors is an ongoing problem. Sales agents are highly pressured to use the broker-related title agency. The current situation is making it harder and harder for us to compete. I have never complained about competition but the playing field is not level. My choice to remain competitive is to break the rules. I have no desire to encourage this cancer that is destroying our industry."

Insert your state here

Do you know of suspicious things going on in your local marketplace that you'd like to see investigated?

In order to report a RESPA violation, you should send HUD a written complaint describing the practice that you believe violates RESPA. The complaint should include the names, addresses and phone numbers of the alleged violators. HUD prefers that you also include your name and phone number in case an investigator wishes to ask further questions. You may request confidentiality. Send the complaint to:

U.S. Department of HUD

Office of RESPA and Interstate Land Sales

451 7th Street, SW, Room 9154

Washington, DC 20410

You can also reach HUD's RESPA division by phone at (202) 708-0502 or by e-mail at hsg-respa@hud.gov

You may also wish to send a complaint to state and other federal agencies that have the responsibility for regulating the settlement providers engaged in the referenced practice. As far as we know, there is no way to know if a company has already been reported, because the agencies won't release that information until after an investigation is completed.

Violation Nation - What We Are Hearing About RESPA Crime Today

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How Real Estate Agents Lose Home Buyers

As a home inspector and the neutral person during a real estate purchase I occasionally get information as to why a home buyer decides to use a different real estate agent. What I will do here is to share some of these reasons so that perhaps you can learn to be a better sales person or representative for your clients. Whether you are an agent or not this information will be helpful to you and your employees.

As I perform home inspections around the Columbus Ohio area I have the opportunity to do inspections for many people. Sometimes I will do second inspections for someone because the first home purchase did not happen. This happens for a variety of reasons such as loan issues, septic system problems, influenced by family, etc. This is somewhat expected. People have different levels of comfort when it comes buying a home. Every now and then I will notice that the home buyer is using a different agent as their representative. When this occurs the buyer will often come out and tell me why they switched agents.

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The first time I encountered a person changing agents they told me it was because the entire time the agent was showing them some houses, the agent was talking on the cell phone to someone else. The agent was not giving them the attention that they deserved and expected.

How Real Estate Agents Lose Home Buyers

Another time the buyer decided to find another agent was when their agent pushed them harder to buy a home than they liked. The agent even tried to make them feel guilty by saying that if they did not buy the house then the sellers would be foreclosed on by the bank. The buyers did not feel that the agent was being a good representative for them.

Another client that I did several home inspections for got out of a home purchase for a couple of reasons. There were some expensive issues with the septic system that the septic company revealed but that was not all. The listing agent was part of what killed the deal. The listing agent was way too slow in responding to communications. This slowness to respond and to help solve issues made it too much of a difficulty to deal with so they got out of the home purchase. If the agent was fast to respond and was helpful then the issues may have been dealt with fast and appropriately, saving the home purchase.

As a home inspector in Ohio I am in a position of trust when it comes to the home buying process. Buyers will tell me things that they may not reveal to the agents. When they tell me issues and why they changed agents I use that information to learn from and to check how I do things. Perhaps that is why I get the good number of referrals I get from past clients.

How Real Estate Agents Lose Home Buyers

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What Role Does Litigation Support Play in a Court Case?

A definitive report of the events that have happened and the proceedings are important for future references. Litigation support concerns the adequate conversion of written reports, diskettes and other file forms to a searchable form, of which readers or users could access from electronic files. Litigation support workers are ordinarily people that are highly trained in certain areas, such as forensics, psychology and other professions that would be able to assist the lawyers win their case.

Litigation support however, is more complex than the simple document preparation that is normally expected. To keep up with ever changing technology, litigation support now converts their documentation in other formats so they are easily obtainable digitally.

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Litigation support services

What Role Does Litigation Support Play in a Court Case?

These include all the essential processes involved in supporting lawyers in their cases. The following are litigation support services:

-Choosing appropriate witnesses by questioning all the witnesses in the case.
-Coordinating paperwork into an easily accessed data.
-Preparation of documents for legal purposes.
-Looking through documents that may be of use throughout the legal proceedings.
-Conversion of documents to another form using a software or IT technology.

Things you should know about litigation support services

Support services may well be employed on a case to cases basis and tasked to perform not only the above-mentioned things but may well also be asked to offer case strategy products or electronic information that would help the lawyer win a case.

They must not only be good in records review and organization, but also proficient in switching important files to different IT enhanced files. Examples of these are conversion of files to digital copies, auto-coding of pertinent papers and files, transcription of data to electronic format and the like.

Law firms make good use of court reporters when it comes to preparing hearings, dispositions and court proceedings, and their services are incredibly crucial.

The success of the support individual or agency relies heavily upon their efficiency, reliability and dependability.

What are litigation experts?

Support staff are particularly educated in both their services and in their IT skills. Being able to convert legal court documents in to digital files that are downloadable is a must for these folks.

Some Law firms have their own court litigation staff but eventually they recognized that using the services of legitimate and reliable litigation consultants was more affordable and more practical. Most Law Companies now employ the services of trusted and established litigation organizations or support consultants. This will eliminate the cost of training their own support staff.

The service they will are given is precisely the same whether or not they employ their own litigation support staff or contract the work to an agency or individual.

In essence, court reporter staff is a special service that is there to provide help to the lawyers by giving all the vital paperwork, documents, files and anything else that is needed for the case. Often the service is more in depth when they even help the lawyers to formulate a winning strategy for the case. Once all the information has been supplied, it is up to the law firm or the lawyers to make the finalized decision on how the case should be handled, and what the litigation support should help them with.

What Role Does Litigation Support Play in a Court Case?

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Cheap Ohio Bankruptcy Lawyers - 7 Tips to Find a Low Cost Attorney

Finding the right bankruptcy lawyer Ohio can mean the difference between a smooth and a rough ride. And 'possible bankruptcy procedures to my documents, but lawyers familiar with bankruptcy documents, laws and other techniques for getting the best deal possible.

Tips for finding Bankruptcy Lawyers in Ohio

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Start as soon as possible. Referring to the search for a lawyer in Ohio only cheap swipe at the end leave.A race, a decision can leave you with a lawyer that you are not familiar with the long term. Start searching and already you have the time to make a decision that will help you make the best results. Questions. Ask the people who know all the experiences that may have had with lawyers of local failure. Ask the lawyers who speak their past experiences with you. Look on the Internet for complaints or complimentsseveral lawyers who are considering. Visit the bankruptcy court in your area. You can watch the lawyers to work and get a feel for their experience and know-how. Seeing failures can occur even help you understand the process completely. The Northern District has courthouses in Cleveland, Akron, Canton, Toledo and Youngstown. Southern District has court house in Cincinnati, Columbus and Dayton. You have to talk to other professionals with whom you workedin the past. They may have advice on bankruptcy lawyers Ohio. Accountants and lawyers in other specialties may have the right to submit a proposal for your needs. Use the Internet. Take time to browse the various websites law firm, to see where they specialize. You can also use the Internet to do a search on any lawyer or law firm may be interested in doing. Check with agency services. The Ohio State Legal Services Association (OSLSA) can help in the formwith the bankruptcy lawyer that best meets your needs. They also provide legal assistance to Ohioans, income below 125% of the current official federal poverty guidelines have. Meet with other lawyers. Most Chapter 7 or Chapter 13 lawyers offer a free initial consultation. One session was all that is needed to see if it would be in a position with a lawyer or if you continue to look for work. Be sure to write down a list of questions, so askthat you get the same information from all of the lawyers that you visit.The number one thing that you need to work your way through the bankruptcy lawyers and choose the one for your circumstances is to start early. You will want time on your side as you work through the different sources that may offer you guidance in choosing an Ohio bankruptcy lawyer.

Cheap Ohio Bankruptcy Lawyers - 7 Tips to Find a Low Cost Attorney

Cheap Ohio Bankruptcy Lawyers - 7 Tips to Find a Low Cost Attorney

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Ohio License Plates Search - How To Perform A Quick Search

Ohio is a relatively fresh, but not free from drunk drivers and drivers from driving their vehicles under the influence. Although DUI records in this state is not as high as they are in states like New York, Texas and California, does not mean that people are not unhappy with drunk drivers every day. You probably get your car destroyed in a crash or cut off from one of these drivers, and you wonder how you can build the driver arrested. You can find all the drunk driver orDUI Drivers visiting the easy capture of the Ohio Department of Public Safety for Ohio license plates.

The Ohio Department office is not only in the amount of riders, number plate and driver's license plate number searches, but it is a great place to start your search. If you do not live very far away, you can simply go to the office, pay the fee and receive the desired information in no time. However, you must beTo obtain a representative body, a lawyer, a law enforcement agency, a lawyer, a court or insurance company, access to the file plaque Ohio. Normally, those who are able to access files, but the Privacy Protection Act of drivers has unauthorized access to issues of identity theft and victimization emerge from access to such information by unauthorized persons prohibited.

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To save time, you want to spend to the Ohio Department of Public Safety, you can call the local office to see if you qualify for access to files. This is especially necessary if you live far from the office. You can reach the office by phone 614-466-4344. The office is located in Charles D. Shipley Building, 1970 Broad Street, Columbus, Ohio. Making a call in advance helps you to know, whether it's worth, not all the way o

Ohio License Plates Search - How To Perform A Quick Search

An alternative to the use of> Ohio Department of Public Safety is the Internet. There are some private research companies register on-line and have access to public records and can give information about license plates in Ohio. These sites require only that the indicator of the driver that you want to track, and you will get this information as the name of the driver, address, telephone number and other information that may be of interest.Unfortunately, this service is not free. You should be prepared to pay about $ 20 or so, before you can obtain the necessary information.

Paid online searches are cool because they are faster and easier, and eliminates the bottleneck of protocols you have in any case with you when you visit the business office department in Ohio. The information obtained from this source to be the most authentic of what you get when you visit the office personally. Thisoption will be helpful for those who do not meet the requirements to access the Ohio license plates records at the Department of Public Safety.

Ohio License Plates Search - How To Perform A Quick Search

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Have You Been Arrested for Assault?

Historically, men have been known to resolve their differences with physical confrontations. From bar fights in the old Wild West of the war, young soldiers fighting for a girl, men and women have fought for what they have done for centuries, really long. Today times have changed and nobody can get into a physical fight, without criminal consequences.

The crime of aggression includes the threat of force with the ability to perform coupled. If a woman tries to beat themThe man in the head with a frying pan and lack even accused of crimes of aggression. If a man by force, another man in the chest in a way that could be interpreted as violent or offensive, can be accused of aggression.

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Assault is often confused with the battery. The main difference between the two is that the attack is not necessary that actual physical contact took place while the battery. Were treated with a conviction battery needs body contactbetween the suspect and the victim.

Have You Been Arrested for Assault?

Assault charges are difficult, because there are always two sides to a story and there are always witnesses. Women and men can be victims of aggression. Some men were raised to never hit a girl, but his angry wife or physically assaults his girlfriend in a violent quarrel.

When the man tired of abuse and beatings of women, could be the prime suspect. The police are more feminine than male assault victims of contrast used. Themale victims may explain a difficult, he acted in self-defense, even if it really is.

Even if you were right, you must have your own representation when he was charged with assault. Since the attack will be prosecuted as a crime or a crime, can not afford to make the mistake of thinking that your innocence is to avoid a conviction.

With many allegations of aggression, it's your word against the other person is, which means you will meet yourLegal defense to prove your innocence. If you have been finally sentenced for assault, he could face heavy fines, imprisonment and victim restitution. And 'your right to have an attorney, and it is your right to defend themselves when someone is physically attacked, but you must act quickly to ensure a qualified criminal defense attorney.

Have You Been Arrested for Assault?

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