Archive for the ‘Trademark’ Category
Basics of TMs
A trademark is a name or sign which is developed for using by any business or individual to identify them or their product. There are various trademarks we can widely see. The first trademark which is frequently seen is denoted by ®. It stands for a trademark which is registered. Another trademark is denoted by ™. It is meant by a trademark which is not registered yet. Another most important trademark which is seen in many areas is noted by â. It means an unregistered service trademark.
A person who owns a trademark can take legal action against anyone who breaches on it or uses that without any permission of the company. A person does not need to register for a trademark to be able to sue for infringement, but it should be protected in a specific area where the name can be found reasonably. There is a databank of the registered trademarks. It helps every person to search for a name or trademark before registering a company. If a trademark is not properly used then it will be considered as void and null. The maximum period of non-using the trademark is five years.
Today we can find that the domain names have conflicted with trademark holders about the use of similar concept, i.e. the mark or name. There was various court cases put against it. It was proved by the court that there is no infringement between the domain name and a product, because a domain name is not a product or any product is not defined by it. The action can be taken only if any impression of product is produced. People trust on the trademarks because it assures that an item is legitimate.
A law has been made in 1946, which is known as the trademark law. In this law, it is stated that it is the total responsibility of the owner to watch the trademark contravention. The trademark infringement has been constituted by the counterfeit labels, confusion, and dilution.
Today is the age of computer. The work of making trademark has become very easy. There are many websites where we can search and monitor various trademarks, and we can learn about the terms and conditions of trademarks by these websites.
Any type of word, symbol, design, or combination of those which can distinguish an item, a product, or a company from others, can be said as trademark. Only two rules are there for making a trademark. The first one is it should be used in commerce and the second one is it must be distinctive. A trademark ceases to be a trademark when it becomes a generic term for a product group and than just a particular product. Some of these items are cellophane, dry ice, escalator, etc. The trademark can be reviewed as many times as the owner wants.
Trademark Works
Level 19, Two IFC
8 Finance Street
Central, Hong Kong
(852) 2251 8140
An Overview of Situations Handled by Attorney in Real Estate Law
Real estate law mainly deals with the legal matters that are related to the sale or purchase of residential homes. Whenever there is a property deal or transaction, the attorney oversees the closing procedure, protects the interest of the clients – both buyer and seller. The main concern of the lawyer is to ensure that the title is clear. In other words, to ensure that there is no lien on the property. If the existing or the previous owner had work done on the house but had not paid the contractor then as per the real estate law, a mechanic lien can be applied to the property. If you are a buyer then your lawyer can help you decide how to properly respond to a defective title.
While in most cases, the real estate transactions proceed smoothly, there can be unexpected things that may happen that you were not prepared for. There are various types of issues that regularly crops up and are related to the real estate property deals. For example, there was one seller who completely removed the central air conditioning unit. While this might be an extreme case, some of the other features include window treatments, chandeliers, shelving, and ceiling fans related issues. Sometimes there can be defects that you are unable to notice until closing the deal. These defects may include a leaking roof, a basement that floods during thunderstorms, etc. The real estate law is known to sort out all such situations. However, the wronged party must be well protected by a good and solid contract. The best time to contact an attorney is before you sign the deal, and not after the issue arises.
The real estate law also addresses to the various threats that are related to home ownership. Some of the common threats include eminent domain and foreclosure. The bank has the permission to choose to put foreclosure on the property if the homeowner misses the mortgage payments. The eminent domain on the other hand allows the government to seize a property for overall public good, but the owner must be well compensated with the fair market price of the property. If a homeowner ever finds himself in any of the above mentioned situations then it is always recommended to take the help of a lawyer before taking any step.
The real estate law also covers other rights to property such as the easements and encroachments. When you buy a new home or property, there are many things that you need to take care of. You must ensure that everything goes well with your contractor, seller as well as the bank which finances you. You may also have some problems with the neighbors while building your own home. In all such cases, you need to ensure that you consult an attorney before taking any decision in legal matters.
In all such circumstances, a homeowner may find that a consultation with the attorney before any legal deals with keep them and their interests protected.
Trademark Works
Level 29 Chifley Tower 2
Chifley Square, Sydney, NSW
2000 Australia
1-800-601-502