One of the most difficult aspects of protecting your trademark in today's world is protecting it on an international level. Unfortunately, there is no tool that allows business owners to register a trademark "globally". Otherwise, trademark owners must register its trademark in each and every individual country where it seeks trademark protection. Starting October 1, 2017, the European Union trade mark regulation changes. The European Union Intellectual Property Office; among other things, has made a number of procedural changes, thus it is vital you speak to a Glendale trademark attorney in order to help protect your business. Here are three reasons why you should register your trademark internationally.
Once you begin selling your products in international markets, your business name and brand may become more attractive as your popularity grows. Registering your trademark in countries which your products are available can prevent other businesses from attempting to confuse consumers by using your businesses identical or similar name or profit from your business's popularity.
Foreign trademark filing is a big business decision, thus businesses should consider many factors when doing so. U.S. trademark law provides protection against businesses importing counterfeit goods. However, you may also register your trademark in a country where you believe counterfeit goods are originating from. This will not only help prevent counterfeit goods being exported to other countries.
If your business fails to register their trademark internationally, you bare the risk of allowing another party to "take" your trademark first in the foreign country. This can obviously create a lot of problems. For instance, this can disrupt the distribution of your products in or from the country. If you have questions regarding trademark applications or any other business law questions give us a call and receive a free consultation with one of our experienced Glendale business lawyers. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Many business owners believe that incorporating a business is too costly and time consuming. On the other hand, you may be wondering if you truly need to incorporate your business. Quiet frankly, business owners' may find themselves facing personal debts and liabilities in the event of a business dispute or lawsuit. Consequently, business owners then find themselves racking up far more legal fees, costs, stress, and lengthy lawsuits.
There are number of ways California business owners can benefits from incorporating their business. Likewise, California offers a number of different business forms which a business owner may file under. The California Corporations Code outlines minimum filing requirements for incorporating businesses in California. Not all business structure are alike, each offer different benefits and posses disadvantages. Choosing the business structure that best fits your needs its probably the most vital questions any business owners should ask themselves. After all, the foundation and structure of which you build your business will play a major role in your success. Thus, it is a good idea to contact a that can consult you on your options and help you fill in the gaps. We invite you to contact our office and schedule a consultation with a Los Angeles business attorney with strong background in business and economics. Our , near Los Angeles is committed to provide a balanced approach to your legal needs, sound advice and assistance to prevent and or resolve problems.
Some common causes of motorcycle accidents, Los Angeles County:
As an owner of a registered trademark or service, you probably wonder when others are responsible for infringing your mark. You should know that the test for trademark infringement is the likelihood of confusion as a result of the similarity of the marks.
A person may be liable for infringement of a federally registered mark if his use of a mark in relation to any goods of services is likely to cause confusion, mistake or to deceive. 15 U.S.C.A. § 1114(1). This test to determine whether a registered mark is being infringed is known as the test of likelihood of confusion.
The test of likelihood of confusion includes not only the confusion as to source but also as to affiliation, connection or sponsorship. Champions Golf Club v. Champions Golf Club, 78 F.3d 1111, 1121 (6th Cir. 1996) (internal citations omitted). This means that a user of a mark may be liable for trademark infringement if the use creates a likelihood of confusion that the goods are affiliated to, connected with or sponsored by the owner of the registered mark.
In California, a corporation is formed by filing the articles of incorporation with the Secretary of State. The incorporators may either file the articles of incorporation by using the form articles of incorporation developed by the Secretary of State, or they can draft their own articles of incorporation with specific provisions. The second option is common for corporations with complex organizational and financial structures. The articles of incorporation filed with the Secretary of State must contain all the information required by Section 202 of California Corporations Code.
First of all, the articles of incorporation must state the name of the corporation. Corps. C. § 202(a). The name of the corporation cannot be the same as or closely resemble the name of a domestic corporation or a name of a foreign corporation qualified to do business in California. Id. 201(b). Before filing the articles of incorporation the incorporators should conduct a research on the website of the Secretary of State to see if the particular name is available or not. The incorporators also have the option to reserve a particular name before filing the articles of incorporation.
Major proposed key changes for Assembly Bill 729, marijuana licensee in California should know about! Accordingly, the bill allows its licensee or employees to "refuse to sell marijuana to a person who is unable to produce adequate personal identification showing that he or she is 21 years of age or older and to seize any personal identification presented by a person that shows the person to be under 21 years of age or that is false, as specified.
No. Assembly Bill 729, prohibits the sale, offer for sale, or distribution of marijuana or marijuana products in a vending machine or appliance, or any other coin- or token-operated mechanical device designed or used for vending purposes.
Assembly Bill 729 require a licensee to post a sign, , and a that reads “” and to include language on the sign that reads “” In other words, if you are an licensed dispensary and an authorized licensee, than you must also include language on the sign that reads without
Many people who consider filing a trademark application wonder what information or documents they need for submitting the application. Title 37 of the Code of Federal Regulations sets forth the requirements for a complete trademark or service mark application. Pursuant to this regulation, the application must be in English and shall include all of the following:
First of all, a trademark or service mark application shall include the name, the citizenship and the address of the applicant. 37 C.F.R § 2.32(a). It should be noted that only the owner of the mark can apply for the registration of the mark. 15 U.S.C. 1051(a). This is a statutory requirement and cannot be waived. Chien Ming Huang v. Tzu Wei Chen Food Co. Ltd. (Fed. Cir. 1988) 849 F.2d 1458, 1460. A license to use a trademark does not make the licensee an owner of the mark. Norden Restaurant Corp. v. Sons of Revolution in State of N.Y. (1980) 51 N.Y.2d 518, 522. Hence, even a licensee cannot file a trademark application.
If you are an individual or a business entity that is using or is willing to use a mark in relation to your business you have probably thought about registering the mark with the United States Patent and Trademark Office. An application to register a trademark can be made only if the applicant’s situation falls under one of the grounds for registration specified by the Lanham Act, also known as the Trademark Act of 1946. The Lanham Act provides four different bases for registering a trademark.
Pursuant to the Lanham Act, the owner of a trademark used in commerce may request registration of its trademark on the principal register. 15 U.S.C. 1051(a)(1). This section of the Lanham Act gives a right to individuals and business entities to register a trademark if they have actually used it in commerce.
The Section 45 of the Lanham Act defines “use in commerce” as a “…bona fide use of a mark in the ordinary course of trade and not merely to reserve a right in the mark.” . For goods, the use in commerce requires (a) placement of the mark on the goods, their containers, the displays associated with goods, the tags or labels affixed to goods or, if such placement is impracticable because of the nature of the goods, on documents associated with goods or their sale, and (b) that the goods be sold or transported in commerce. . For services, the use in commerce requires that the mark be used or displayed in the sale or advertising of services and that the services be rendered in commerce. .
What can plaintiffs, in California, do if they have been wronged, but have only suffered a minor loss or do not have the funds necessary to file a claim? For example, if a bank has been wrongfully charging their clients fees for a year, and each client has suffered a loss of about $100, what options do these clients have? It would not be feasible for each client to file a claim against the bank because the costs would likely outweigh their potential award. In this case, the wronged clients have the option of filling a “class action” suit. California Civil Code § 1781 describes class action lawsuits, and the requirements to receive certification. “Any consumer entitled to bring an action under Section 1780 may, if the unlawful method, act, or practice has caused damage to other consumers similarly situated, bring an action on behalf of himself and such other consumers to recover damages or obtain other relief . . . .” Cal Civ Code § 1781. In order to obtain a class action certification, the court must first find that it would be impracticable for all the members of the wronged class to be brought before them. Second, the issues or facts that are common to the class must be “substantially similar” and must predominate any other issues that affect the individual members of the class. Third, the claims or defenses of the parties representing the class must be typical of the class itself. And lastly, the representing party must fairly and adequately represent the class as a wholeIf a class action suit is certified, members of the class must be notified about the suit. Notifying class members about the suit is important because all members of the class will be bound by the judgment, whether it be favorable or not. If a class member wishes to not be bound by the judgment in that particular suit, they must request to be excluded by the dates specified. Class members who have been notified of the suit, and have not requested exclusion, will be notified if the suit is dismissed, settled, or compromised. Give us a call, speak English, French, Spanish, Russian, Armenian KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. Our , at KAASS LAW do not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
L-1 non-immigrant visa is for intracompany transferees who come to the United States to temporarily work for a U.S. company. If you are a foreign worker overseas, a U.S. company may qualify to transfer you with an L-1 visa, as an overseas employee, to the U.S. to work as a manager, executive, or specialized knowledge personnel.
“A manager generally refers to someone who supervises and controls the work of other supervisory, professional managerial employees. The L-1 visa classification also includes managers of an essential function within the organization or a department or subdivision of the organization.”
“An executive generally refers to someone who primarily directs the organization or a major component or function of the organization.”
“An individual with specialized knowledge is someone who possesses special knowledge, of the organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.”
Prior to starting a business, a business name must be selected that is not already in use. You can find out if the fictitious business name you choose is available for use by going to the Los Angeles County Registrar-Recorder website. If the business name you selected is available, you may then register with the Registrar-Recorder/County Clerk's Office. Likewise, fictitious business name statements must also be filed with the Registrar-Recorder/County Clerk's Office.
Starting a business is no small task and you should be confident in your abilities to successfully form your business. California offers a number of business structures you can utilize to accomplish certain things. Choose the business structure that best fits your needs.
Sole proprietorships are the basic business form under which a business owner can operate a business. It is important to remember that sole proprietorships are not legal entity. It simply refers to a person who owns the business and is personally responsible for its debts. In other words, a sole proprietorship is owned by one individual, of which is personally taxed on income and is personally liable for debts of the business. Thus, if you are a sole proprietorship, consider registering a sole proprietorship into a corporation. This way you not only protects your personal assets and personal liability, but you also tell the world that you take your business seriously.
A corporation, in its legal form, is an entity separately from you, the business owner. In California, corporations are considered to be an “entity”, you can think of it as a separate “person”. One benefit of registering and filing your business under a corporation is it can shield business owners from personal liability and debits. A corporation is also taxed and so are its shareholders.
A limited liability company, commonly referred to as an “LLC”, offers liability protection like a corporation, but is not taxed as an entity. Instead, the LLC's income is usually taxed through the individual on their income. Corporations provide limited liability protection to their owners. Typically, the owners are not personally responsible for the debts and liabilities of the business; thus, creditors cannot pursue owners’ personal assets.
Hiring a motorcycle accident attorney can help preserve your claim, increase compensation, and deal with the difficulties of dealing with insurance companies and insurance adjusters. Many times the adjusters will try to blame the motorcyclist by saying you were not riding at a safe speed during the collision or perhaps riding at excessive speed. Your motorcycle accident attorney will have Neurologists, Orthopedists, and other doctors to help treat you for your injuries. Many of these specialists take cases on a lien basis. This means that you will not have to pay out of pocket for the treatment you receive until you recover monies. to determine the full extent of the injuries. A quality motorcycle lawyer will hire experts, if necessary, to reconstruct the accident and/or speak to the forces exerted on the human body of the motorcycle rider. If you or a loved one has been involved in a motorcycle accident in Glendale near Los Angeles, CA we invite you to contact our office for a free confidential consultation and case evaluation with an experienced Glendale personal injury attorneys and Los Angeles motorcycle accident lawyers at (310) 943-1171. Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
In order to show likelihood of confusion, there must be a probability of confusion; mere possibility of confusion is not enough. Nora Beverages, Inc. v. The Perrier Group of America, Inc., 269 F.3d 114, 121 (2d Cir. 2001) (internal citations omitted). It should also be noted that plaintiff does not have to prove actual confusion in order to show that the defendant is liable for trademark infringement. Perfumebay.com Inc. v. eBay, Inc., 506 F.3d 1165, 1176 (9th Cir. 2007) (internal citations omitted). If the plaintiff is able to show likelihood of confusion the defendant will still be liable for trademark infringement even if the plaintiff shows no instances of actual confusion.
The test for likelihood of confusion is whether a reasonably prudent consumer is likely to be confused as a result of the similarity of the marks. Dreamwerks Production Group, Inc. v. SKG Studio, 142 F.3d 1127, 1129 (9th Cir. 1998) (internal citations omitted). The likelihood of confusion exists when there is a likelihood that an appreciable number of reasonably prudent consumers is likely to be misled or confused because of the similarity of the marks. McGregor-Doniger, Inc. v. Drizzle, Inc., 599 F.2d 1126, 1130 (2d Cir. 1979) (internal citations omitted). To sum up, there is a likelihood of confusion when there is a probability that an appreciable number of reasonably prudent consumers will be confused as to the source, affiliation, connection or sponsorship of goods or services because of the similarity of the two marks.
Federal courts in different federal circuits have come up with multi-factor tests in order to determine whether there is a likelihood of confusion or not. The test in the 9th Circuit, which includes the State of California, is the eight-factor Sleekcraft test pursuant to which the court shall consider the following factors to determine if there is a likelihood of confusion or not:
These factors are not requirements but are helpful guidelines for courts in order to determine whether there is a likelihood of confusion or not. Eclipse Ass’n, Ltd. v. Data General Corp., 894 F.2d 1114, 1118 (9th Cir. 1990). The application of the text shall be flexible, and there is no specific formula setting forth how the factors included in the text shall be considered. Nautilus Group, Inc. v. ICON Health and Fitness, Inc., 372 F.3d 1330, 1346 (Fed. Cir. 2004) (internal citations omitted). The important question is what the analysis as a whole reveals about the issue of likelihood of confusion. Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1141 (9th Cir. 2002). This means that none of the factors is determinative but the analysis as a whole shall answer the question whether there is a likelihood of confusion or not.
It should be noted that the degree of similarity of marks necessary to show likelihood of confusion varies depending on the competitiveness of goods and services. The more similar the goods or services the less similar marks need to be in order to prove likelihood of confusion. Century 21 Real Estate Corp. v. Century Life of America, 970 F.2d 874, 877 (internal citations omitted). Conversely, “… the greater the degree of similarity between the marks, the lesser the degree of similarity between the goods is necessary to support a finding of likelihood of confusion.” The Board of Regents, University of Texas System v. Southern Illinois Miners, LLC, 110 U.S.P.Q.2d 1182, 1189 (internal citations omitted). Hence, if the marks are very similar the court may find a likelihood of confusion even if the goods or services at issue are not very similar. To summarize, your trademark or service mark is being infringed if a use of another mark creates a likelihood of confusion among consumers. If the other mark is very similar to your trademark or service mark you might have a cause of action for trademark infringement even if the goods or services are not very similar. If you believe someone is infringing on your trademark or have questions regarding trademark registration, copyright, or any other intellectual property related question, we invite you to contact our office and speak to one of our experienced business attorneys at (310) 943-1171.
The California Corporations Code requires the incorporators to include a statement of corporate purpose in the articles of organization. To form an ordinary business corporation the articles of incorporation must state that “[t]hat the corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code.” Id. § 202(b)(1)(A). The California Corporations Code has specific requirements for professional corporations, corporations subject to the Banking Law and corporations subject to the Insurance Code.
The articles of incorporation must include the name and the address of the corporation’s initial agent for service of process. Id. § 202(c). The address of the agent for service of process shall be in the State of California. Both individuals and corporations can serve as agents for service of process. Corporations can serve as agents for service of process only if they are registered by the Secretary of State as corporations with such authority.
The articles of incorporation shall state the initial street address of the corporation. Id. § 202(d). The incorporators cannot list a P.O. Box as a street address of the corporation. The articles of incorporation shall also include the initial mailing address of the corporation. Id. § 202(e). The incorporators do not have to state a mailing address if it is the same as the street address of the corporation.
The articles of incorporation shall also specify the share structure of the corporation. If the corporation is authorized to issue only one class of shares the articles of incorporation must state the total number of shares that the corporation is authorized to issue. Id. § 202(f). If the corporation will issue more than one class of shares or if any class will have two or more series, the articles of incorporation must state: 1) “The total number of shares of each class the corporation is authorized to issue, and the total number of shares of each series which the corporation is authorized to issue or that the board is authorized to fix the number of shares of any such series; 2) The designation of each class, and the designation of each series or that the board may determine the designation of any such series; and 3) The rights, preferences, privileges, and restrictions granted to or imposed upon the respective classes or series of shares or the holders thereof, or that the board, within any limits and restrictions stated, may determine or alter the rights, preferences, privileges, and restrictions granted to or imposed upon any wholly unissued class of shares or any wholly unissued series of any class of shares….” Id. § 202(g). The articles of incorporation must include all the above mentioned information in order to be complete. The form articles of incorporations developed by the Secretary of State include all the required information. However, in some cases the incorporators will have to draft their own articles of incorporations because the forms do not contain specific provisions for some situations described in the Section 202 of California Corporations Code. If you or someone you know is seeking to register a California corporation and need assistance feel free to contact our experienced Glendale business lawyer today!
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda,
Under Assembly Bill 729, would authorize a peace officer, or an employee of a licensing authority or a state or local agency granted limited peace officer status, to enter and conduct inspections, as specified, of any place at which nonmedical marijuana or nonmedical marijuana products are
Accordingly, AUMA also prohibits a marijuana licensee from being located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 to 12, inclusive, day care center, or youth center, as specified, unless a licensing authority or local agency specifies a different radius". The bill also prohibits a licensee from being located within a 600-foot radius of the following
However, the exception that a licensing authority or local agency specifies a different radius.
Yes, bill allows law enforcement to inspect all recreational marijuana businesses, including anywhere they might find evidence of tax evasion. The bill also allows law enforcement to engage in operations involving person under 21 years of age is to be used in random inspections, including having pictures taken prior to inspections to verify appearance and requiring the person under 21 years of age to present a true and correct personal identification if verbally requested.
If you have questions regarding marijuana laws or or are seeking to start a recreational marijuana business in California, we invite you to call our office at (310) 943-1171 for a consultation with a Los Angeles marijuana business attorney from KAASS Law at any time.
To be considered complete, a trademark or service mark application shall include the drawing of the mark. 37 C.F.R § 2.32(c). The drawing is a clear depiction of the mark which shows how the registered mark will look like. The drawing can be (a) in standard characters without claim to any particular font style, size or color, or (b) a special form drawing when the mark includes a two or three dimensional design, or characters in a particular font style or size. If the mark is not in standard characters the application shall also include a description of the mark. Id. § 2.32(a)(8).
In the application for registration the applicant must identify the goods or services in connection to which the applicant uses or intends to use the mark. Id. § 2.32(a)(6). The application shall also state the international class of good or services, if known. Id. § 2.32(a)(6). It should be noted that the classification of goods and services is only for the United States Patent and Trademark Office administration and cannot prejudice the rights of the applicant. Mobil Oil Corp. v. Walter Kidde & Co. (T.T.A.B. 1970) 167 U.S.P.Q. 478. The list of the classes of goods and services can be found in the Section 6.1 of the Title 37 of the Code of Federal Regulations.
The application must include one or more bases for filing the application. 37 C.F.R § 2.32(a)(5). The application must be based on one of the following grounds: (a) Use in commerce, in which case the applicant must state that the mark is in use in commerce, must state the first date the mark was used anywhere in connection to goods or services, the first date of the use of the mark in commerce, and must attach one specimen showing how the applicant uses the mark in commerce; (b) Intent to use, in which case the applicant must verify that he has a bona fide intention to use the mark in commerce; (c) Registration of the mark in a foreign applicant’s country of origin, in which case the applicant must state that he has a bona fide intent to use the mark in commerce and must attach a copy of the registration of the mark in applicant’s home country; (d) Claim of priority based upon an earlier filed foreign application; (e) Extension of protection of an international registration. Id. § 2.34(a).
The application must include a verified statement. Id. § 2.32(b). The main purpose of the verified statement is to certify that the facts set forth in the application are true. The application shall be signed by the applicant or by someone who is properly authorized to sign on behalf of the applicant. The applicant shall also pay the filing fee for each class of goods and services. Id. § 2.32(d). The application fee varies depending on filing the application on paper or through Trademark Electronic Application System. A trademark application will be complete only if the United States Patent and Trademark Office receives all the items mentioned above. If you have questions regarding trademark applications or any other business law questions give us a call and receive a free consultation with one of our experienced Glendale business lawyers.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Pursuant to this basis for registration, the applicant must first use the mark in commerce. Once the mark is used in commerce the applicant can file the application to register the trademark.
The Lanham Act also allows filing an application for registration if the applicant has a bona fide intention to use the mark in commerce. 15 U.S.C. 1051(a)(2). Here, the applicant has not used the mark in commerce yet, however, he has a bona fide intention to make such use in future. The bona fide intent requirement means that there must be an actual intent to use a mark and evidence objectively demonstrating such intent. Aktieselskabet AF 21. November 2001 v. Fame Jeans Inc. (2008) 525 F.3d 8, 21.
It should be noted, that although the Lanham Act allows to file the intent to use application before using the mark in commerce, the registration of the mark will not be granted unless the applicant files a proof that he has used the mark in commerce. After filing the statement of use application, if the mark is registrable and no successful opposition is filed, the US Patent and Trademark Office will issue a notice of allowance which will give the applicant time to file a statement showing that the mark was used in commerce.
The applicant has a maximum of thirty six month after the date of issuance of the notice of allowance to show the actual use of the mark in commerce. The applicant shall comply with this requirement by filing the statement of use application with evidence showing the use of the mark in commerce. Only after filing the proper statement of use application the applicant can obtain the actual registration of the trademark.
Pursuant to the Section 44 of the Lanham Act, if a foreign national’s country of origin is a party to an international trademark treaty signed by the United States, and if he has or has applied for trademark registration in the foreign country, the foreign national with a bona fide intent to use the trademark in US can file an application with the United States Patent and Trademark Office to register the same trademark. 15 U.S.C. 1126.
This section of the Lanham Act is intended to give privilege to nationals of foreign countries who have entered the same international trademark treaties with the US. This basis gives an opportunity to foreign nationals to register a trademark if they already have a registration or application in their home country. It should also be noted that in this case the applicant does not have to show the actual use of the mark in the US in order to obtain registration of the mark. If the applicant has bona fide intent to use the trademark in the US and he already has a registration or application in his home country that will suffice for registering the mark in the US.
“[T]he holder of an international registration shall be entitled to the benefits of extension of protection of that international registration to the United States to the extent necessary to give effect to any provision of the Madrid Protocol.” 15 U.S.C. 1141E(a). This section of the Lanham Act is intended to enforce the provisions of the Madrid Protocol which is designed to facilitate the registration of trademarks in several nations.
This basis gives an opportunity to applicants who have international registration pursuant to the Madrid protocol to extend the protection of the mark to the US. It should be noted that the applicant does not have to show actual use of the mark in the US for the extension of protection. The international registration of the mark and the applicant’s bona fide intent to use the mark in the US will be enough for registering the mark with the United States Patent and Trademark Office.
If your situation falls under one of the four bases for registration described above you can consider registering your trademark with the United States Patent and Trademark Office.
If you have questions regarding trademarks or even trademark infringement, give us a call and speak to one of our experienced Glendale business law attorneys.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Requirements for obtaining L-1 visa status are:
Before being transferred to the U.S. company with an L-1 visa, the employee must have completed one continuous year of work outside the U.S. with the overseas company. However, if an employee works in the U.S. during that year, he or she will need to equally work for the overseas company in order to obtain a total of at least 12 months employment overseas.
The overseas company that the employee works for during the required period of one year must be related, such that it must be the same employer, subsidiary, or affiliate of the U.S. company. To prove the amount of time worked, the employee may include pay stubs, payroll records, or tax records.
In order for the company to be a qualifying organization, it must be doing regular, systematic, and continuous business in the U.S. and another country during the entire duration of the transfer.
The transferee must fill in at least one of the following three capacities: executive, manager, or specialized knowledge. There is no requirement for the employee being transferred to the U.S. to perform the same services as he or she did overseas; they may be employed in a different capacity in the U.S. For example, an individual with specialized knowledge overseas may be transferred to work in the U.S. as a manager. The same is possible with an employee working as a manager overseas and being transferred to the U.S. as an employee. Provided that the position held by the employee was for a period of one year before transferring with an L-1 visa.
As explained above, the employee must not fill in the same position as he or she did overseas. However, the employee must be working in a capacity involving duties of an executive, manager, or specialized knowledge personnel.
The employee must be qualified for the position he or she is transferring to occupy. United States Citizenship and Immigration Services (USCIS) require proof of such qualifications by showing prior education and experience. This proof must be presented with the L-1 petition.
The employee must intend to depart the U.S. after the completion of his authorized stay. However, an L-1 employee can seek permanent residency in the U.S. if he qualifies on another basis.
An individual, entering the United States in L-1 status, will stay for the time required by the U.S. company, up to three years maximum. However, up to two years of extension can be authorized in increments. A maximum stay for managers and executives (L-1A) is seven years, where as for specialized knowledge personnel (L-1B), it’s five years. An employee with specialized knowledge may later qualify for a managerial or executive position within the U.S. company only if the specialized knowledge employee has been performing managerial or executive duties for six months before requesting an extension of stay beyond what is permitted for the specialized knowledge employee, which is five-years. This distinction is important for two reasons. First, to determine the duration of the transferee’s stay. Second, because managers and executives have a potential route to obtaining permanent residency in the U.S.
Under L-2 nonimmigrant category, family members of the L-1 nonimmigrant are permitted to enter the United States. Family members only include the visa holder’s spouse or unmarried children under the age of 21. However, once children reach the age of 21, they may no longer remain in the U.S. The duration period for family members is the same as that of which the main working family member is admitted. Family members admitted in the L-2 nonimmigrant category may now be authorized to work and study while remaining in the U.S. Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.