Trademark International Class - Class 20 (Furniture and Articles Not Otherwise Classified)

All goods or services are categorized within International Classes (IC hereafter). Goods run from classes IC 1-34, while Services are in IC 35-45. Let's take a closer look at one of these trademark classes - class 20.

What is International Class 20 All About?

Each class has a short title heading that gives a snapshot of what that class is all about -- IC 20's short title is furniture and articles not otherwise classified. Well, that's vague. The USPTO has 894 accepted descriptions that fit into IC 20.

Furniture of all sorts (excepting toy furniture) is in IC 20. This includes many of the related accessories for furniture such as shoe racks, curtain rings & rods, mattresses & pillows, etc. Also included is a long list of non-metal objects such as handles, hooks, bolts, latches, hinges, etc. If any of those items are made of metal, that's going to be in IC 6.

What Else is in International Class 20?

Seems like with any of these trademark classes, there always seems to be the oddball item or two and IC 20 is no exception. Here are a few items living in IC 20 that seem a bit weird:

• animal parts such as claws, antlers, horns and teeth
• caskets
• decorative items such as glitter, plastic decoys, mobiles
• foam toe separators for use in pedicures

What's New for International Class 20?

The classification guide is constantly being updated with new goods or services. As the marketplace changes, the trademark office must adapt. Here are some of the 2009 listings for international class 20, good plus date added to the guide:

• Free-standing portable gun racks 14 May 09
• Life-size forms of the human body to display clothes 21 May 09
• Magnetized photo frames 19 Mar 09
• Statues of bone, ivory or plaster 21 May 09

Shannon Moore is the General Manager 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 Shannon directly at 800.340.2010.

Why the Need For Real Estate Disclosure Forms?

Purchasing a piece of real estate property is a valuable investment that any individual can make during his lifetime. And being a worthy investment, it is only appropriate for people to make sure they get real value for their money when buying a property. One of the ways home buyers and investors can ensure they're getting a property in good condition is by reviewing disclosure forms.

In the U.S., disclosure forms are required from home sellers in many states. Sellers need to provide buyers with this document to inform them of the real condition of their properties. The forms normally state any physical defects in the home as well as legal issues. Failure to comply with this requirement could result in a lawsuit or withdrawal of a sale.

Disclosure forms need to be filled up by the sellers themselves and not their agents. If you're not sure about this, the best person to talk to is a real estate lawyer.

One of the major disclosures that should be included in the forms is on the use of lead-based paint. This covers all homes constructed before 1978. Sellers who can provide this document without hesitation are more attractive to buyers. However, buyers who want to make sure can always request for inspections for lead-based paint within 10 days.

The material facts and defects, if any, of the property should also be fully disclosed. These pertain to electrical, heating and cooling as well as plumbing systems, foundation issues among others. Most buyers, especially those looking for a home to live in, are very particular about a property's condition. Sometimes, even little defects can affect their decision to purchase. There are even some people who stay away from homes where deaths have occurred. So if you're selling a home, it is a wise move to be honest upfront. For sure the buyer will be more than grateful for that honest gesture.

External disclosures should not be forgotten. These include whether the property is within an earthquake and flood zone, has fire and natural hazards, noise and ground pollution.

Other than informing potential buyers of the state of your property, disclosure forms are helpful in determining the proper price for the home. With the right price, a home can sell faster and therefore, can give sellers significant profits.

In addition, home sellers who provide these forms make themselves more attractive to potential buyers. For their part, buyers are more confident when they know the real condition of a property they're targeting to purchase. By being presented with the disclosure forms, they can have their peace of mind.

Another purpose of the documents is to avoid misunderstandings between the two parties. Sometimes, problems can result when buyers discover late the defects in a property. This then leads to delay in negotiations and closing as home inspections and appraisal may be requested by the buyer.

The use of disclosure forms benefits both the buyer and seller. This only means that it's better to be honest at the start than having to deal with problems later in the deal.

http://ezinearticles.com/?Why-the-Need-For-Real-Estate-Disclosure-Forms?&id=2607604

How to Get Free Criminal Records

In most cases you can obtain free criminal records on people who have one. The courts try to keep this public information free to those who want to get it. In many cases a employer will want to check if someone has a criminal record and they can find that information online.

You may have a situation where you are suspicious about someone in your neighborhood and want to make sure that that person is not a criminal. You can get a free criminal record check on that person and it is available online.

If you have a small business and are thinking of hiring someone then it is good to know that you can get a criminal background check on someone who is a potential employee. The best part is you do not have to pay anything to get this information.

Getting a criminal background check on someone is not hard at all. If you have internet access then you can do a Google search to find the information you need and the best part it will not cost you anything.

State and local governments have made it easier to find out if someone has a criminal record. It can benefit you and your neighbors to know what someone has been charged with.

Make sure that when you are searching for this information that you do not open your wallet and pay for information that is available to you for free. There are many sites that will let you search online without charging you a fee.
http://ezinearticles.com/?How-to-Get-Free-Criminal-Records&id=2439399

Trademark Use - Purchasing a Keyword Triggers the Lanham Act

Courts throughout the United States have been at odds regarding the issue of whether or not a party's purchasing of a trademarked keyword to trigger sponsored links constitutes a trademark use within the meaning of the Lanham Act. In particular, the 2nd Circuit had consistently held that the purchase of a competitor's trademark to trigger Internet advertising did not constitute a use for the purposes of the Lanham Act. The 2nd Circuit apparently stood alone in that no cause of action for trademark infringement would be possible in such situations. However, it appears that the 2nd Circuit is now joining the findings of other circuit courts within the United States. In particular, the growing sentiment is that the purchase of trademarked keywords that trigger sponsored links on search result pages, whether it be Google, Yahoo or MSN, or any others, is in fact a use under the Lanham Act.

While courts had apparently agreed that displaying a trademark term within the text or header of a sponsored link advertisement was indeed trademark use, numerous decisions indicated that the mere purchase of a trademarked keyword was not enough to establish trademark infringement or other trademark related liability. While not every circuit court has addressed the issue, the influential 2nd Circuit appears to be joining the other circuit courts to make it more likely than not that when a trademarked keyword is purchased in order to advertise the sale of goods or services, such action qualifies as a use in commerce and falls within the purview of the Lanham Act.

Having satisfied this threshold issue, the issue will now become whether a likelihood of confusion, the test to be applied under a trademark infringement analysis, is satisfied. Practically speaking, a motion to dismiss for failure to state a claim will likely fail and timely and costly litigation in order to address all facts pertinent to the likelihood of confusion analysis will be necessary.

Purchasers of keywords should take notice of the current state of the law and be prepared to act accordingly. In addition, trademark owners should be diligent in monitoring their trademarks, identifying unauthorized uses which now appear to include the purchasing of keywords for that trademark, and acting swiftly in order to protect and retain trademark rights.
http://ezinearticles.com/?Trademark-Use---Purchasing-a-Keyword-Triggers-the-Lanham-Act&id=2190062

The Value of Trademarks to Businesses

Of course, many companies place high importance on protecting their brand and the way in which a trademark can be utilized to do this.

Trademarking is an important, but tricky legal area. A trademark ensures that a company's goods and brand are protected from those who attempt to cash in on businesses that have a successful idea and reputation. It is very important that a brand appears to be unique and exclusive, as this is what makes it desirable to the consumer. This is why a company will not hesitate to call in their trademark lawyer when imitations of their logo, name, products or services appear to be in breach of their trademark.

Fashion is subjected to widespread imitation. The desirability of high end fashion largely depends upon its exclusive reputation and the high quality of its products. Indeed, when cheap, poorly made versions of designer goods are put into wide circulation, the negative effect felt by designers and fashion houses is twofold.

Firstly, consumers may decide to save some cash by purchasing a good imitation rather than splashing out thousands on the original product; taking profits away from those who produce the coveted original. While it is possible to argue that the customer who buys a copy are unlikely to ever buy the original anyway, profits are, nonetheless, being made from a product and brand created and owned by someone else.

The second negative effect - which is possibly more harmful to designer brands - is felt when rip-off versions of a product come into wide circulation. The result is that the product - be it a bag, sunglasses, jewelry or the brand itself - suffers massive over exposure. It loses its air of exclusivity and rapidly becomes undesirable. Furthermore, if the counterfeit versions are of a poor quality, the original product comes to be negatively perceived by association.

This explains why many large jewelry and clothing brands have taken legal action in recent years with the help of a trademark lawyer in the fight against counterfeits. However, it is not only businesses which are quick to stamp down on those who violate trademarks: copying goods which are trademarked by someone else is a criminal matter with serious consequences.

The fierce reaction of retailers to rip-off versions of their goods demonstrates the very real threat counterfeits pose to the health of a business. Healthy trading depends upon both a brand's unique identity and its covetable goods; and a trademark provides an invaluable means of protecting both.

How to Find Free Public Domain Music For Your Website

When you think of music, you may think of Beethoven or Mozart, the Beatles or the Stones, or maybe Britney or Pink. You may love this music, but the only thing you can do with it is enjoy it. You can't publish it. You can't use it to jazz up your website. You can't add it to your presentation at work or school. You can't mix it, rap over it, and publish it under your own name.

If you are interested in finding music that you can use freely, you are actually looking for free public domain music. Unfortunately, however, free public domain music is difficult to find and ever harder to verify that is free for your use. A good place to start is PublicDomainEmpires.com, which not only shows you where to look for public domain material, but also tells you how you can use it not only to accessorize your creations, but also to create a profit by republishing the material yourself.

It is no secret that almost everyone has, at one time or another, downloaded a pirated song or a pirated movie. We have all made copies of songs, burned CDs, or loaned someone an album for them to record. This is illegal. If you have ever shown a movie in your home and charged someone even a penny to view it, you have broken the law.

So, it is important that the music you use on your website or presentations be free public domain music. By choosing music that does not belong to someone else, not only will you not be breaking the law, but you will also be ensuring that artists continue to create new material for us all to enjoy.
http://ezinearticles.com/?How-to-Find-Free-Public-Domain-Music-For-Your-Website&id=2100965

RPT-FEATURE-U.S. companies get Cuba trademarks, wait for change

HAVANA, Feb 25 (Reuters) - The opening of a McDonald's in Communist Cuba seems unlikely any time soon, even with U.S. President Barack Obama in the White House and the prospect of better U.S.-Cuba relations on the horizon.

But the fast food giant is one of many U.S. companies that have an estimated 5,000 products trademarked in Cuba, waiting for the day they might finally land on the island separated from the United States by the Florida Straits and a vast ideological gulf.

The list includes ubiquitous symbols of capitalism such as Nike, Visa, and Starbucks and some that might surprise, including former basketball stars Magic Johnson and Patrick Ewing and the caped crime-fighter Batman.

As recently as December the Cuban Office of Intellectual Property registered trademarks for new products for Coca-Cola, Google and Ford Motor Co.

Many U.S. trademarks date back to before the Jan. 1, 1959 revolution that put Fidel Castro in power and transformed the island from a capitalist U.S. ally into a communist foe.

Their names -- among them Aunt Jemima, Timex, Quaker Oats, M&M's, Polaroid, Kodak, General Motors, Texaco -- invoke a time when Cuba was a consumer society with an affinity for U.S. goods, most of them unavailable since the U.S. imposed a trade embargo against the island in 1962.

The biggest wave of registrations came in the early 1990s when the Soviet Union, which subsidized Cuba's economy to the tune of $4 billion a year, collapsed and Castro's communist system seemed in trouble.

Cuban communism survived and since then the registration of U.S. trademarks has ebbed and flowed with the state of U.S.-Cuba relations, rising when they improved and falling when they worsened.
http://uk.reuters.com/article/governmentFilingsNews/idUKN2139318920090225