| Beyond the Basic Application
Our trademark, copyright and domain name REGISTRATION services may include: worldwide search, clearance, due diligence and watch/notice. We respond to official actions, and handle objections, oppositions, cancellations, invalidations and the filing of appeals from initial refusals by the Examiner.
Our COUNSELING services may include: license agreements, assignments, consents, confidentiality, work-for-hire, vendor and marketing agreements, employment policies, joint-ventures, security interests in, and transfers of ownership and goodwill. We advise and review on licensed products, advertising copy, and promotional/point of sale materials. We consult on proposed legal pleadings, license agreements, or other legal documents as related to the sale, license or transfer of intellectual property rights.
Our trademark ENFORCEMENT- LITIGATION and pre-litigation services may include: infringement investigations, cease and desist letters, and the preparation of pleadings, notices and claims in State and Federal Court. We prepare detailed legal research, opinion letters, and handle complaints, answers, jurisdictional challenges, preliminary and permanent injunctions, pre-trial orders, writs, seizure and impoundment, discovery matters, protective orders, trials, appeals, and other proceedings as related to unfair competition, infringement and passing-off on intellectual property rights.
All of these functions can be efficiently performed within budgetary guidelines based on our extremely competitive Hourly Rates plus nominal expenses.
Trade Dress Applications: on request
Translations / Transliterations: on request
Certified Copies or Duplicate Registration Certificates: on request
International Trademark and Service Mark Watch Services: on request
Worldwide Trademark Portfolio Management Program - Services include: the coordination of renewal deadlines, maintenance fees,
recordals and required submission of affidavits and specimens of use.
Brand and Advertising Market Surveys - Services include: research and consumer/market studies regarding brand value, recognition, competition, valuation and likelihood of confusion.
Brand Development and Expansion Strategies Program -services include: identification of primary and secondary classifications of use; assisting client extension into new areas of business: goods, services and geographical markets. Liaising and negotiating with vendor manufacturers in specific product development areas and places to create and extend sales of licensed product.
Trade Secret Protection Services include: auditing and advising on employee agreements and confidentiality and non-disclosure policies and procedures for businesses. Advising on options in the event of public disclosure or unauthorized third party use.
Internet Domain Registration, Disputes, Transfers and Arbitrations - A&A assists its international clients in developing Internet strategies that: promote trademarks and brands in more than 180 countries through domain name registrations. We protect against cybersquatting, dilution, and meta tag infringement, and we prevent confusion from occurring online.
Domain Watch Services include: regular research on the International WHOIS indexes to research usage by name and to locate web page owners in nearly 200 countries worldwide;
Domain name registrationServices include: low-cost, confidential purchase, reservation and parking of Internet domain names at more than 50 domain name registries worldwide and in several languages, including Spanish, Chinese, Japanese and Korean.
Domain Dispute Resolution Services include: cease and desist demands, UDRP complaints for cancellation and suspension of abusive registrations or meta-tag infringement, domain name transfers by agreement, ICAAN arbitrations and court actions.
FLASHNOTES: U.S. TRADEMARK
Every application and document submitted to the United States Patent and Trademark Office and most other official agencies must usually be in English or translated into English. Any document or wording in any language other than English should be accompanied by an English translation. A&A offers Translation and Transliteration Services to its multinational clients, prices on request.
SPECIAL NOTE FOR FOREIGN APPLICANTS AND AGENTS: Under 15 U.S.C. 1051(e), an applicant not domiciled in the United States must designate a domestic representative on whom notices or process in proceedings affecting the mark may be served. To assist our foreign clients in complying with all requirements of the relevant laws, A&S may agree to serve as the applicants Domestic Representative for Foreign Trademark Applicants. Such designation at the United States Patent & Trademark Office will be charged an additional $50/calendar year, renewable annually.
Unless otherwise stated, the scope of this service shall be limited to promptly notifying the foreign applicant of the general nature of the matter concerned and to forward copies of any such documents or notices. A&A shall undertake no duties to provide advice or represent any party in any legal matter unless a separate agreement to undertake such relationship exists.
| Copyrights, Etc.
UNITED STATES COPYRIGHT
Application for Copyright Registration = $299, including the official government filing fees.
Basic Application for literary works, visual arts, performing arts, sound recordings and serial works.
Fees include preparation of application forms for up to two authors or contributors and initial filing of deposit material delivered VIA COURIER to the United States Register of Copyrights. Monitoring the filing, notifying client of official correspondence, periodic reporting publication and transmission of Registration certificate.
Recordal of Documents with the U.S. Copyright Office: Basic Recording of changes to the information listed on Original Registration Certificate, (e.g., Assignments or Transfer of Copyright; Security Interest; License; Will; Change of Name of Owner; Termination of Transfer; Shareware; Life Identity, Death Statement; Transfer of Mask Works; etc.) may be recorded. The basic fees include the filing and recordal of a document of any length containing one title. Any number of additional titles may be recorded with the Copyright office. When completed, the submitted documents are returned with a certificate of recordation bearing the Copyright Office seal.
Renewal of Copyright Registration
Addendum to Renewal Registrations
Appeals to the Copyright Board of Appeals from a Refusal to Register
ADVICE, ENFORCEMENT, LITIGATION AND TRANSACTIONAL SERVICES
Litigation services may include: infringement investigations; cease and desist letters; preparing complaints, answers and other pleadings in State and Federal Court. We also handle preliminary injunctions, pre-trial Orders for writs, seizures and impoundments, discovery matters, protective Orders, trials, appeals, and other intellectual property proceedings.
Advising, preparing and reviewing licensing and/or assignment contracts, advertising copy, promotional/point of sale materials. Drafting and negotiating agreements, consents, confidentiality, work-for-hire, vendor and marketing agreements, employment policies, joint-ventures, security interests in, and transfers of copyright ownership. Performing legal research, reviewing and commenting on legal pleadings, license agreements, or other documents.
SPECIAL COPYRIGHT FORMS, SPECIAL REQUESTS AND RECORDALS
Requests for Full term Retention of Copyright Deposits = $365 (GF) + $100 (AF).
Special Handling and/or Expedited Processing: on request.
Searches~ Services include researching Copyright Office for records for information on copyright registrations, renewals, and transfer and other documents. A written report is sent for each search conducted. on request
Certified Copies or Duplicate Copyright Registration Certificates: on request
Expedited Certifications and Document Services
GATT - Restoration Application: Registration of claims in a work in which U.S. copyright registration was restored under the 1994 Uruguay Round Agreements (URAA). Fees include any single work or series of works published under a single title in multiple installments or issues during the same calendar year.
NIE - Notice of Intent to Enforce a Copyright Restored Under the URAA
Online Service Provider Designations as Agent to Receive Notification of Claimed Infringement
(for Internet Service Providers, Web Hosts and Webmasters)
Amendments to Designation of Agent under Digital Millennium Act
(WGA) Registration of a Script, Screenplay or Treatment at the Writers Guild of America, Intellectual Property Registry = $180, including official fee.
FLASHNOTES: US COPYRIGHT
A published deposit is generally retained by the Copyright Office for at least 5 years. Aside from the visual arts category, a specific request must be made to ensure that the Copyright Office will keep a published deposit for the full length of the copyright term. Unpublished deposits and published works of visual arts are usually kept for the full copyright term.
Under certain circumstances, the Copyright Office will consider requests to process an application for registration or recordal on an expedited basis. Situations where such special requests are approved include pending or prospective litigation, cases involving the U.S. customs service, contractual matters and publishing deadlines.
~ Searches are not made (and are not necessary under the law) to determine whether a similar work has already been registered. Such searches are not possible because the Copyright Office does not index by subject.
Anyone may request an additional certificate of registration, copies of the application, correspondence or other documents. Copies of the deposit material may also be obtained when requested by the copyright claimant or owner of record or by a designated agent of the owner of any of the exclusive rights or by an attorney or authorized representative in connection with actual or prospective litigation. These services may often be performed on an expedited basis.
On October 28, 1999, the Digital Millennium Copyright Act (subtitled the Online Copyright Infringement Liability Limitation Act) amended the copyright law to provide for limitations for service provider liability relating to material online. The Act serves to limit the liability of service providers for claims of infringement caused by material residing, at the direction of a user, on a system or network that the service provider operates. The limitations on liability apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement to the Copyright Office and through the service providers publicly accessible website. A&A can prepare the required forms and for an additional fee, serve as a designated agent on behalf of a qualified online service provider.
FEATURED FAQs: California Business Name Services
WHY RESERVE A CORPORATE NAME?
If you are in the beginning phase of forming a new business, and you or your business partners are still not ready to make the investment to file a new corporation but you already have an idea for the desired company name, then it may be a good idea to officially reserve the company name.
Corporate names are filed in California on a first-come, first-serve basis. The first one to file is most likely assured to get the desired name and can even prevent a registered trademark proprietor and others from registering, using or fully exploiting their own corporate names. Moreover, a corporate name registration may prevent similar names from being registered in the name index with the Secretary of States Office.
When you wish to reserve the name of a corporate or non-profit organization, A&A will search the database indexes of California Corporations, Limited Partnerships and Limited Liability Companies to determine whether any particular name is registered in Secretary of States corporate name database. If your desired name is available, A&A can arrange an in person delivery of the Name Reservation application to the State government offices. There, the Certificate of Name Reservation can be issued immediately and the proposed name may be reserved for sixty days. Our fee includes payment of the official State reservation fee, and fax or mailed delivery of the Reservation Certificate to you. You can specify, in order of preference, up to 3 potential company names.
Although a name reservation may be renewed, after any 60 day reservation period expires, if the companys incorporation documents are not filed, the reservation is canceled and the name is no longer held. Name reservations can only be done for Corporations and Non-Profit Companies. LLC's and Limited Partnerships cannot reserve a name.
Fictitious Business Names (DBAs) in California
WHAT IS A FICTITIOUS NAME OR A "DBA"?
One that does not include the surname of the Operator or one that implies the ownership participation of others such as Brothers, Associates, Company, or if a corporation owner, a name different from that registered in the Articles of Incorporation. It is called a fictitious name, simply because the person or company is Doing Business As a name other their own.
WHO MUST FILE FOR DBA REGISTRATION?
Individuals, partnerships, trusts, corporations and associations who operate under names which differ from their legal name.
HOW OFTEN MUST THE FICITIOUS NAME STATEMENTS BE FILED?
Every five years or at any time that there is a change of name, ownership, address, or other information.
WHAT IS THE PURPOSE OF THIS PROCEDURE?
The requirements have been in effect in California since 1872 and are designed to protect the consumer by enabling him or her to identify the person or persons who is involved in the business transaction. In addition, most, if not all, banks in California will demand proof of filing and publication prior to opening an account or otherwise honoring a check in the name of the fictitious firm name.
WHAT DOES A DBA NOT DO?
A DBA does not create, incorporate or form any new business entity. It is not a Trademark. It does not give you any exclusive right to use the fictitious name as related to any senior user of a trademark or trade name. It merely serves as an official recording of the business's operating name and the identity of the person or company who is doing business under an assumed or fictitious name other than their own.
Though filing a DBA may be a matter of law, in many cases, a DBA filing will not even prevent later users from filing or doing business under the identical or substantially similar business name. DBAs are not always searched against existing government records nor compared against prior and similar names prior to registration. Moreover, because the Secretary of State and each County Registrar maintains their own records in separate databases, for common law trademark purposes, it may often prove to establish clear title and resolve any potential similarity issues prior to filing. Detailed searches may be well advised.
IF A DBA REGISTRATION IS NOT A TRADEMARK, WHAT ARE THE TRADEMARK BENEFITS OF FILING?
Though a DBA registration does not establish the distinctiveness of a trademark or trade name, a DBA may be used to show conclusive proof of first use by the registrant -- that the name was first used in commerce in California as of a certain date.
In Court, evidentiary proof of priority is established in the event that competitors later use or file under the same name. In an action for trademark infringement or unfair competition against a junior user of a mark, an earlier filed fictitious business name registration is effective to establish priority against all subsequent users.
Although a DBA filing itself may not prove that a name is different in sound, spelling or meaning to earlier traders - - when a fictitious business name is distinctive and unique to others, DBAS may be used effectively to restrict infringement and unfair competition.
A further benefit comes from the direct advertising value through multiple insertions of the name and address of the business, which are published at least four times in subsequent weeks newspapers usually appearing in bold type and capital letters.
I'M STILL NOT CONVINCED, WHAT HAPPENS IF I DO NOT REGISTER MY FICITIOUS NAME?
If a person or entity has been doing business in California under a name other than their own legal name, in addition to potential monetary penalties, with few exceptions, there is a procedural bar to appearing in court. That is to say: a party cannot entertain, or defend a civil court action in any California court until the law has been complied with.
THEN A FOREIGN COMPANY CANNOT FILE FOR INFRINGEMENT OF ITS REGISTERED TRADEMARKS IN CALIFORNIA COURTS?
Not exactly. First of all, claims based on trademarks registered with United States Patent & Trademark Office are usually brought in Federal, not State Court. However many exclusive trademark rights protected by the State under the California Unfair Competition Law (Bus. & Professions Code) and other "common law" rights might not be available to a foreign (out of state or country) corporation transacting intrastate business in the State of California who has not qualified with the Secretary of State's Office.
DOMESTIC AGENT FOR SERVICE - California
A foreign (out of state or country) corporation transacting intrastate business in the State of California must qualify to do so with the Secretary of State's Office. "Transacting intrastate business" is defined as entering into repeated and successive transactions of a corporations business in this state, other than interstate or foreign commerce. See Section 191 of the California Corporations Code.
WHAT IS AN "Agent for Service of Process" AND WHO CAN BE SUCH AN AGENT?
An agent for service of process is an individual (or another corporation) designated by a corporation to accept service of process if the corporation is sued. California residency is the only requirement for an individual to be named as an agent for service of process. A corporation named as an agent for service of process must have on file with the California Secretary of State a certificate pursuant to Section 1505 of the California Corporations Code.
* NOTE: A corporation cannot act as its own agent. Approval from a proposed agent should be obtained prior to designation.
CALIFORNIA STATE REGISTRATIONS OF TRADEMARK/SERVICEMARK, TRADE NAME AND BUSINESS NAMES
Application for State Trademark/Service Mark Registration = $300 for first class, $140 each additional class, inclusive of all costs and fees.
Application to Register Specific Brand Descriptions:
-Description of Brand on Returnable Containers = $30 (GF) + $170 (AF).
-Description of Brand (Equipment/Supplies) = $30 (GF) + $170 (AF).
-Laundry Supply Description = $10 (GF) + $145 (AF).
-Name of a Farm, Ranch, Estate or Villa = $10 (GF) + $145 (AF).
-California Secretary of State Business Trade Registry: (Available Fall 2001)
Application to Renew a California State Trademark = $30 (GF) + $200 (AF).
Recording Assignments of California State Trademark / Servicemark:
- for first document title = $30 (GF) + H/R$ (AF).
- for second and subsequent marks in the same document = $25 (GF) + H/R$ (AF).
Recording Amendments to Proprietors Name and Address = H/R$ (AF).
California Corporate Name Reservation Program: on request
Fictitious Business Name (DBA) Filings at the County Clerk/Registrar for the Counties of Los Angeles, Orange, San Diego, Riverside, San Bernadino, Sacramento, San Francisco, etc. on request
Designation for Agent of Service of Process for non-resident Foreign Corporations conducting business in California (Section 1505) California Corporations Code = $115 (GF) + $105/calendar year (AF) renewable annually.
$ Our competitive hourly rates generally range between $225.00 and $260.00 per hour for attorney time depending on the complexity of the matter, the experience level of the personnel involved, and/or the need for expedited services. Further discounts are available for bulk work, and in all cases, a particular fee estimate and formal representation agreement must be confirmed in advance.
DISCLAIMERS, RECANTATIONS AND THE LIKE
These materials are not to be construed as legal advice on any specific matter. The information contained herein is a public resource of general information, which is intended, but not guaranteed, to be correct, complete and up to date. However, this information is not to be construed to be a source of advertising, solicitation, or legal advice, nor is this intended to be an offer to perform services in any State or Country where in so doing would constitute a violation of any law or ethical rules of any such jurisdiction.
A&A maintains FAQ (Frequently Asked Questions) sheets about a variety of intellectual property matters and are available on request.
We would be pleased to communicate with you through email. However, until otherwise explicitly agreed, A&A cannot and does not represent any party, person, entity, corporation, agent or other client and thus, no such relationship exists. In communicating with us, please remember that Internet e-mail is not entirely secure, so please avoid sending any sensitive or confidential e-mail messages unless they are adequately encrypted and properly directed.
Finally, while A&A is committed to providing the most competitive rates for high-quality and professional legal services, unless otherwise explicitly stated or agreed, all fees, charges and tariffs remain subject to change without notice.
PRIVACY NOTICE - We do not secretly track any data or cookies about our visitors. We do not secretly monitor or collect our visitors personal information and we do not share our data or client information with ANYONE unless explictly required by law.
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ANDERSON & ASSOCIATES
31285 Temecula Parkway, Suite 240
Temecula, California 92592
tel. (951) 296-1700
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