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|OUR GOAL—YOUR Complete Satisfaction and UnderstandingOur goal is to provide each of our clients with as much information as possible about Trade Dress registration. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of the formation of your Corporation at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you. |
LET US USE OUR LEGAL KNOWLEDGE TO PROTECT YOUR DISTINCTIVE DESIGN, PACKAGING, COLOR SCHEME OR OVERALL PRODUCT "LOOK" FROM COPYCATS—IT’S EASY!
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Here’s some answers to common Trade Dress questions:
What is a Trade Dress? Top of Page
Trade Dress is a distinctive, nonfunctional feature, which distinguishes a merchant's or manufacturer's goods or services from those of another. The Trade Dress of a product involves the "total image" and can include the color of the packaging, the configuration of goods, etc. Even the theme of a restaurant may be considered Trade Dress. Examples include the packaging for Wonder Bread, the tray configuration for Healthy Choice frozen dinners, the Happy Meal box for children at McDonald’s fast-food restaurant and the color scheme of Subway sub shops. Such a broad and ambiguous definition makes Trade Dress very easy to manipulate. Seeking protection against Trade Dress infringements can be vital to the survival of a business.
Can you claim Trade Dress protection? Top of Page
To establish a superior right to your unique Trade Dress, your Trade Dress must indicate or be distinctive towards your business or product. This is accomplished by showing that the public associates your Trade Dress with a particular source. Examples of a Trade Dress would involve the coloring, shape and or the overall packaging of your products. You must also indicate that a competitor's Trade Dress might resemble your company's Trade Dress. Therefore, creating a false sense of affiliation or collaboration between the two companies to the public.
You can claim Trade Dress protection if your Trade Dress is distinctive and indicates your source of business. You can also claim Trade Dress protection if the public associates other products with your Trade Dress and believes the source to be your company, causing a likelihood of confusion.
Trade Dress Examples
Is the Difference between Trade Dress and Trademark? Top of Page
Trademarks typically only involves a set of words or a logo. Trade Dress includes, among others, features such as: size, shape, color or color combinations, or graphics in relation to, say, product packaging or restaurant or store atmosphere.
Can I Register My Trade Dress? Top of Page
Yes. Trade Dress can be registered with the U.S. Government or with the state. Of course, federal registration affords a higher level of protection insofar as the registration is good “nationwide.”
Why Protect your Trade Dress? Top of Page
Registering your Trade Dress prevents other companies from using similar product dressing or packaging. This prevents consumers from confusing your products with those of another producer. In the event of infringement, injunction, recovery of damages, such as plaintiff’s actual damages (which may be trebled), disgorgement of the infringer’s profits related to such infringement, and attorney’s fees may be awarded.
What is First Use? Top of Page
Federal Trade Dress rights are established from the earliest of the date of first use of the Trade Dress on the goods or promotional materials related to the services in interstate commerce or in commerce with a foreign country, or from the date of filing of an "intent-to-use" application if later it is actually used. A registration can be attacked by the owner of a confusingly similar Trade Dress who can establish an earlier date of first use in commerce than the owner of the registered Trade Dress.
Have Spiegel & Utrera Assist in Securing Your Trade Dress? Top of Page
The main reason is that intellectual property is a specialized field where an experienced attorney from Spiegel & Utrera can assist you in avoiding Trade Dress pitfalls. Filing an application for Trade Dress yourself or using a document preparation service may be cheaper in the short term, but in the long run you may very well end up with needless delays and added costs. Although our Firm’s registration of your Trade Dress does not include representation if the application is rejected or requires amendment, if legal issues do arise, Spiegel & Utrera stands ready to assist you.
What are the Registration Requirements? Top of Page
- The Trade Dress must be filed under the owner’s name. The owner must provide the goods or services under the Trade Dress. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
- If the owner is a business entity, the type of entity and nationality must be specified.
- The application must be based on actual use or an intent-to-use the Trade Dress in commerce:
- An actual use applications requires a description of the products or the advertising or promotional materials the Trade Dress has been placed upon.
- An intent-to-use application requires a statement in good faith that the owner intends use the Trade Dress in commerce, but such Trade Dress will not be registered until it is actually used. The U.S. Government will issue a Notice of Allowance, which grants six months to either use the Trade Dress in commerce or file for an extension. Once the Statement of Use is filed, then a registration certificate will be issued.
- A drawing of the Trade Dress and a specimen must be submitted when the application is based on actual use.
Depending on the type of application, the drawing should depict the Trade Dress as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how the mark is actually used on the goods or in a service. The mark and any logo or drawing must match identically the mark and logo or drawing on the specimen. PRODUCT DISTINCTIVENESS AND TRADE DRESS REGISTRATION SHOULD BEGIN EARLY
How Long Will My Trade Dress Application Take to Complete? Top of Page
The registration process may typically take around eight months to wrap up, although it can last longer if legal issues arise. After filing an application, the U.S. Government will assign a serial number and mail a receipt about two months after filing. The U.S. Government will examine the application and publish the Trade Dress. Other parties believing they have a superior right or claim to the mark will have thirty days from the publication date to object. The U.S. Government will either issue a Certificate of Registration (if an actual use application) or a Notice of Allowance (if an intent-to-use application.)
What happens if Legal Issues Arise? Top of Page
It is common that the U.S. Government may issue an office action letter. Office actions are letters from the U.S. Government that set forth the legal status of a Trade Dress application. They are issued by U.S. Government examining attorneys who are assigned to each application and usually contain administrative or substantive issues which need to be addressed.
There are several types of office actions: examiner’s amendments, priority actions, non-final office actions, final office actions, and suspension letters:
An examiner’s amendment is a written acknowledgment of an amendment made to an application. Generally the examining attorney and the applicant are in contact and they may reach an agreement that the application needs an amendment. It is issued as a written memorialization of such agreement.
A priority action is a letter in which an examining attorney describes specific outstanding requirements that the applicant must meet before an application can be approved for publication. The applicant must respond to a priority action within 6 months from the date the priority action is mailed. If the applicant fails to do so, the application will be declared abandoned. Examining attorneys have no discretion to extend the time for filing a response to an office action. The benefit of a priority action is that, if the applicant responds within 2 months, the application will be given priority in processing.
An office action is a letter in which an examining attorney describes the legal status of a Trade Dress application where the examining attorney will disclose if the Trade Dress search yielded any conflicts. The examining attorney will also send an office action to issue substantive refusals to registration that arise, as well as to make any procedural requirements. Applicants must respond to an office action within 6 months from the date the office action is mailed. If applicants fail to do so, their applications will be declared abandoned. Again, examining attorneys have no discretion
There are two types of office actions: non-final and final. A non-final office action raises new issues and usually is the first phase of the examination process. An examining attorney will issue a non-final office action after reviewing the application for the first time. If a new issue arises after the applicant responds to the first non-final office action, the examining attorney will issue another non-final office action that describes the new issue(s) and continues any that remain outstanding. A final office action is the last office action that an examining attorney issues. It finalizes any outstanding issues. An applicant’s only response to a final office action is compliance with the requirements or appeal.
A suspension letter suspends the action on an application. An application may be suspended for a variety of reasons. These include waiting for the disposition of a prior pending application to be determined or waiting for an assignment of ownership to be recorded. Applicants do not have to respond to suspension letters. If applicants do not submit a timely response to an office action, their applications will be declared abandoned. Spiegel & Utrera can assist you with the correct response. Although our Firm’s registration of your federal Trade Dress does not include representation if the application is rejected or requires amendment, Spiegel & Utrera stands ready to assist you.
How long does federal Trade Dress registration last? Top of Page
Registration with the U.S. Government is good for 10 years and may be renewed for successive 10 year periods again as long as the Trade Dress is still being used.
What are the advantages? Top of Page
Federal Trade Dress registration confers a bundle of rights upon the owner and official recognition, which may make it easier to establish and enforce Trade Dress infringement claims.
Entrepreneurs should begin early by devising a distinctive design for their product, service or package. The next step is to apply to register their product’s Trade Dress with the U.S. Government, then quickly advertise the link between "the look" and the brand to establish the distinctiveness. Consumer product surveys may be useful test the strength of potential buyers’ association between the Trade Dress and the product itself. Trade Dress development, timing, testing and registration will be useful to establish and protect valuable intellectual property. TRADE DRESS RIGHTS AND OTHER FORMS OF INTELLECTUAL PROPERTY PROTECTION
After developing a distinctive style of Trade Dress, entrepreneurs should protect the look in the same way they protect their brand name and logo: by using it in commerce and acquiring distinctiveness for it, a requirement for its registration as a Trademark by the U.S. Government.
To meet the requirements of enforceable Trade Dress, visual elements must be ornamental, not functional, which is to say that the Trade Dress should be separate from the actual working of a product or package.
Trade Dress registration isn't required to sue infringers, but early Trade Dress registration puts on record that the U.S. Government deems that such Trade Dress is distinctive.
What is distinctiveness? Top of Page
Distinctiveness can be either inherent or acquired and is the key to claiming that Trade Dress has "secondary meaning” where it is associated with a particular brand, not more than one:
Inherent distinctiveness refers to a design, shape or color that is so unusual when it is introduced that it becomes, according to the courts, immediately or inherently distinctive.
Acquired distinctiveness is more common. It means that because of marketing, promotions, advertising, etc., buyers now associate a “look” with a particular brand. If such association is demonstrated, such as by consumer survey, then the “look” has a secondary meaning.
Thus, entrepreneurs may find it valuable to spend early and heavily on advertising to link visual elements their product, service or packaging, and document the amount spent. Trade Dress may be only as good as the holder's willingness to develop buyers’ association with that particular brand and enforcing their claim of ownership.
Trade Dress protection may be available for products that are worthy of design patent or Copyright protection, or even if these other forms of intellectual property protection have expired or were never obtained, Trade Dress rights may be available regardless. It is possible to simultaneously protect a design with a design patent, Trade Dress and Copyright registration. This is because Copyright, patent and trade mark laws have different origins and purposes. A design patent is available for new, original and ornamental design for manufactured articles if the design meets certain standards and the inventor files an application with the U.S. Government. Once accepted, the patent protects the owner for 14 years. Copyright protection is available for works of authorship that include pictorial, graphic and sculptural works, where the original design is independent of the utilitarian aspect of the article and is registered with the U.S. Government. For Copyright, works created on or after January 1, 1978, are protected for the life of the author plus 70 years, or 95 years from date of first publication or 120 years from creation for works made for hire, whichever is shorter. LET SPIEGEL & UTRERA, P.A, PROTECT YOUR VALUABLE INTELLECTUAL PROPERTY FROM COPYCATS.
Maximize the protection for your business by registering your Trade Dress today!
- To reproduce the Copyrighted work in copies or phono records
- To prepare derivative works based upon the Copyrighted work
- To distribute copies or phono records of the Copyrighted work to the public by sale or other transfer of ownership, or by rental, lease or lending
- To perform the Copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic or sculptural works, including the individual images of a motion picture or other audiovisual work.
- In the case of sound recordings, to perform the work publicly by means of a digital audio transmission
Ultimately, federal Copyright registration protects the owner/creator from other taking credit for and reaping profits from their achievements.
Who May Register A Federal Copyright? Top of Page
The author of a work, a person or entity that has obtained ownership of some or all of the rights of the author, such as a transferee, employer or heir of a decedent author or an agent of one the preceding persons or entities.
What About Entity Ownership of a Copyright for Asset Protection? Top of Page
It is permitted, if not desirable. An individual creator and owner of intellectual property such as Copyrighted material may want to form a company to manufacture, promote and sell goods in connection with the intellectual property, but the intellectual property is transferred to be owned by its own, separate and independent business entity that leases or grants rights to the company that is doing the manufacturing, promoting and selling. That way, the intellectual property cannot be jeopardized by the liabilities associated with the business operations of the manufacturing and sales entity. Thus, for asset protection purposes, you may want a corporation, limited liability company, or revocable or irrevocable trust to be the author or owner of a Copyrighted work.
Why Get a Federal Copyright? Top of Page
There are many reasons why you should Copyright. One is because you wish to have the federal Copyright in the public record and because before an infringement suit may be filed in court, registration is necessary for works originating in the U.S. Also, your Copyrighted and registered material may be eligible for statutory damages and attorney's fees during litigation. If you register a work within the first five years of publication, that registration in and of itself is enough evidence to prove your ownership of the work. If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the federal Copyright owner in court actions. Otherwise, only an award of actual damages and profits is available. Registration lets the owner of the federal Copyright record the registration with the U. S. Customs Service for protection against the importation of infringing copies. Copyrighted material may also lead to additional cash flow for you in the form of royalties on your works. Once you have applied for a federal Copyright you may place the federal Copyright symbol "©" in the material you've Copyrighted. This shows everyone that the material is Copyrighted and that it is protected under government law.
What Works are Protected by a Federal Copyright? Top of Page
Federal Copyright law protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
- Literary works
- Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
- Architectural works
Here are more specific examples: Click here
What Is Not Protected by Federal Copyright? Top of Page
Several types of material are generally not eligible for federal Copyright protection. These include:
- Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
- Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
- Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
- Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources).
How Long Does the Federal Copyright Last? Top of Page
A federal Copyright lasts for an initial term of 28 years from the date it was secured, then there’s a renewal term of 67 years for a total term of protection of 95 years.
How Do I Transfer My Federal Copyright? Top of Page
All or part of the federal Copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights (i.e., the person to whom it is being transferred gets all of the rights) is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. Transfer of a right on a nonexclusive basis (i.e., the person to whom it is being transferred may have to share rights with others) does not require a written agreement, but it’s always a good idea to do so to forestall disputes.
A federal Copyright may also be conveyed by operation of law, such as by will or by intestate succession to the heirs by state law in the absence of a will.
Transfers of federal Copyright are normally made by contract. The law does provide for the recordation of transfers of federal Copyright ownership with the U.S. Government. Although recordation is not required to make a valid transfer between the parties, it does provide certain legal advantages and may be required to validate the transfer as against third parties. A federal Copyright owner can terminate a transfer after 35 years under certain conditions by serving written notice on the transferee within certain time limits.
What is the Public Domain? Top of Page
Works that are not protected by federal Copyright are in the public domain. Usually it is because the maximum federal Copyright duration has lapsed, for example, all works first published in the United States prior to 1923 are in the public domain in the United States, as are works published between 1923 and 1963 on which federal Copyright registrations were not renewed. Also, generic information, such as facts, numbers and ideas, works where the federal Copyright holder failed to renew a registration (for a work created before 1978), works created prior to March 1989 that failed to include a proper notice of federal Copyright, works created by the U.S. Government and donated to the public domain.
What is Fair Use? Top of Page
Fair use is the concept that certain types of use of federal Copyright protected works do not require the federal Copyright holder's authorization because the use is minimal enough that it does not interfere with the federal Copyright holder's exclusive rights to reproduce and otherwise reuse the work.
Fair use is primarily designed to allow the use of the federal Copyright protected work for commentary, parody, news reporting, research and education. However, fair use is not an exception to federal Copyright compliance so much as it is a "legal defense." That is, if you use a federal Copyright protected work and the federal Copyright owner claims federal Copyright infringement, you may be able to assert a defense of fair use, which you would then have to prove it in court.
Federal law describes four factors to determine when content usage may be considered "fair use":
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit, educational purposes;
- The nature of the Copyrighted work; i.e., whether it is of a factual nature or of a creative nature;
- The amount and substantiality of the portion used in relation to the federal Copyright protected work as a whole; and
- The effect of the use on the potential market for or value of the federal Copyright protected work; i.e., whether the use is in competition with the federal Copyright holder or could be in competition.
Photocopying in a business environment probably would not be considered fair use because it typically involves licensing by the federal Copyright owner. On the other hand, a parody might be considered fair use and a federal Copyright owner usually wouldn’t denigrate their property.
Examples of Fair Use include:
- Quotation of excerpts in a review or criticism for purposes of illustration or comment;
- Quotation of short passages in a scholarly or technical work for illustration or clarification of the author's observations;
- Reproduction of material for classroom use where the reproduction was unexpected and spontaneous–for example, where an article in the morning's paper is directly relevant to that day's class topic.
- Use in a parody of short portions of the work itself; and
- A summary of an address or article, which may include quotations of short passages of the Copyrighted work.
What is the First Sale Doctrine? Top of PageTrademark can be registered at the Federal and or State Level. The type of Trademark you register will determine how much protection you receive.
The buying a tangible, Copyrighted good, such as a book or a CD, is not the same as owning the intangible intellectual property and the Copyright to the work embodied in that good, so that reproducing the material, publicly displaying or performing it, or otherwise engaging in any of the acts reserved for the federal Copyright holder, because the transfer of the physical good does not include transfer of the federal Copyright rights to it.
What are Trade Secrets? How Do I Protect Them? Top of Page
Trade Secrets are information, such as a formula, pattern, compilation, program device, method, technique, or process, that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. You protect your trade secrets by not disclosing them. You will want to federal Copyright materials that contain trade secrets. The way to keep them secret is by insuring that your federal Copyright registration does not require full disclosure, or that there is only partial disclosure. Here are the categories of items that do not require full disclosure, or that require partial disclosure. Click Here If your Copyrighted work contains trade secrets or confidential information and isn’t exempted from public disclosure, you may petition for relief.
Also, you will want to make sure potential competitor, such as manufacturers of your item or employees, sign a non-disclosure, non-circumvention and confidentiality agreement and a non-competition agreement.
What is Federal Copyright Infringement? Top of Page
A federal Copyright is infringed when another person or entity reproduces the work of the owner of the Copyrighted material without the owner's permission. There is no set standard regarding how much of a work can be taken without constituting Copyright infringement. However, with a registered federal Copyright the owner of the registration has a substantial advantage should a legal situation arise surrounding the Copyrighted material.
COPYRIGHT SERVICES Top of Page
Federal Copyright Registration
Let Spiegel & Utrera, P.A. register your federal Copyright with the U.S. Government. Federal Copyright Registration is $229.95 plus Government filing fees of $45.
Federal Trade Secret Copyright
Copyrighted works may contain trade secrets or confidential information. In such a circumstance, a federal Copyright owner definitely does not want to make their work available for full public disclosure. There are exemptions where there is no public disclosure or a partial public disclosure of the work so that trade secrecy is maintained. Let Spiegel & Utrera, P.A. protect your trade secrets by registering your federal Copyright with the U.S. Government. Federal Copyright Registration with Trade Secrets Protection is $474.95 plus Government filing fees of $200.
Special Relief from Full Disclosure
If your Copyrighted work contains trade secrets or confidential information and isn’t exempted from public disclosure, you may petition for relief. Let Spiegel & Utrera, P.A. protect your trade secrets by registering your federal Copyright with the U.S. Government and petitioning for an exemption from full disclosure. Federal Copyright Registration with Trade Secrets Protection which requires a petition for relief is $674.95 plus Government filing fees of $200.
Non-Disclosure, Non-Circumvention and Confidentiality Agreement
You’ve got a great idea to pitch, but you don’t want the other guy to run off and steal your idea and keep all the money to himself. Also, you want to make sure he doesn’t skip you and go straight to the manufacturer or the customer. You want to make sure he doesn’t spill the beans with a Non-Disclosure, Non-Circumvention and Confidentiality Agreement. If he breaches, he pays. Let us help you by drafting this important agreement for you for $367.95 if when ordered at the time of ordering a federal Copyright registration.
You’ve built up your business from scratch and you don’t want others stealing it out from under you by grabbing your customers, vendors or employees. Let us help you by drafting this important agreement for you for $367.95 if when ordered at the time of ordering a federal Copyright registration.
TRADEMARK SERVICES Top of PageORDER NOW!
Federal Trademark or Servicemark Registration
Let Spiegel & Utrera, P.A. register your Trademark or Servicemark with the U.S. Government. U.S. Government filing fees are not included. Trademark Registration without a logo or design is $367.95 plus filing fees. Trademark Registration with a logo or design is $169.95 plus filing fees. All fees are for a single class, each additional class is $75 plus filing fee. For a list containing the Schedule of Classes and Goods click here. All fees include Spiegel & Utrera, P.A. as your attorney for filing your Trademark application. In the event agency action is necessary, Spiegel & Utrera, P.A. stands ready to assist you in completing the registration process.
Federal Trademark or Servicemark Search and Attorney Opinion
A search of the United States Government's records including Marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words - $275. More than 3 words would be $50 per additional word.
State Trademark or Servicemark Search and Attorney Opinion
The state search includes a thorough examination of Trademarks registered in a particular state and an opinion as to the results of the search. The price for a Trademark search is $99.95 per State for up to three words. More than 3 words would be $50 per additional word per state.
Common Law Trademark Search and Attorney Opinion
Search includes Marks that are in use but may not be registered with the United States Government and an opinion as to the results of the search. The results of a Common Law Search can be very important because whoever uses a Mark first generally has a superior right to the name - $250.
Combo Search and Attorney Opinion
Combo search includes the U.S. Government, one State and Common Law search and an opinion as to the results of the search. This assures the most comprehensive investigation. The Mark must only consist of up to three words - $524.95. You receive a savings of $100 by ordering these searches now. More than 3 words would be $50 per additional word per state. Additional states are $50 per state.
Registering your Trademark or Servicemark with the U.S. Government will prevent copycats from confusing customers and damaging your reputation. Spiegel & Utrera, P.A., has helped numerous clients to register their Trademarks and Servicemarks. Allow Spiegel & Utrera, P.A. to use its legal understanding to ease you through the Trademark or Servicemark registration process.
AGREEMENTS Top of Page
Federal Copyright Licensing Agreement
You will want to protect your valuable intellectual property with a licensing agreement. Typically, there are two arrangements involving a licensing agreement. The first situation, let’s call it the Liability Isolation Arrangement, is where the individual creator and owner of intellectual property forms a company to manufacture, promote and sell goods in connection with the intellectual property, but the intellectual property is transferred to be owned by its own, separate and independent business entity that leases or grants rights to the company that is doing the manufacturing, promoting and selling. That way, the intellectual property cannot be jeopardized by the liabilities associated with the business operations of the manufacturing and sales entity. In the second situation, let’s call it the Successful Producer Arrangement, a company is so successful, outsiders are interested in promoting and selling the products and the intellectual property connected with them, so that they want the opportunity to sell in a given area. You will be interested in learning about the exciting and fast-growing area of marketing and brand extension.
In the licensing agreement, the Licensor (person who owns the rights to the work) grants to the Licensee the exclusive, personal and nontransferable right to the work. For example, a license could be specifically limited to one outlet (store) in a particular geographic territory and the Licensee may only use the work in connection with the sale and distribution of a particular product(s), and Licensee may not represent that it has any ownership right in the work. In exchange for the license, Licensee pays to the Licensor a fee, which typically involves a “per unit” royalty, but the parties may agree on other fee arrangements. The agreement should designate the authority to determine the mode and method of advertising, merchandising, promoting, manufacturing, selling, and distributing of the intellectual property and the products associated with it. Also, who has authority to fix the prices, discounts, and terms of sale, whether for consumers, dealers, distributors, wholesale or retail. Furthermore, you will want to protect the intellectual property with restrictive covenants that afford the Licensor statutory remedies for violation and often prevent the Licensee from disclosing confidential business information about the Licensor with others. We can prepare the licensing agreement for only $350 when ordered with your federal Copyright registration.
Federal Copyright Transfer and Assignment Agreement
If you need to transfer exclusive ownership of your intellectual property to someone, such as your children or a business entity, Spiegel & Utrera, P.A. can draft the federal Copyright transfer agreement for you. We can prepare the federal Copyright transfer agreement for only $350 when ordered with your federal Copyright registration.
ADDITIONAL SERVICES Top of Page
General Counsel Club & Registered Agent Service
Let Spiegel & Utrera, P.A., help you grow your business!
Our firm has what we call the "General Counsel Club". Select this valuable service at the time of ordering your federal Copyright registration and receive an additional one month Bonus – so that your first year of service will cover 13 months PLUS take a $50 discount, so you pay only $89.95 for the first 13 months of service. You get unlimited telephone consultations all year long on all your legal and strategic business advice, you will receive our firm’s newsletter, "Entrepreneur’s Alert®,” which is published six times a year and provides valuable insight into running your business from a legal and business point of view and you will be able to run a classified advertisement on the firm’s website for the first year of membership.
Detours and Contradictions
Want more out of your business? Then don’t miss Lawrence Spiegel’s, 223 page Detours and Contradictions. Use this book, and all your available resources, to begin the challenging yet fulfilling journey of entrepreneurship. As we’ll see... having a marketable idea is only the first step in a lengthy process. Along the way you’ll encounter numerous detours and contradictions, risks and rewards. The price of Detours and Contradictions is just $13.50 if you order when ordering your federal Copyright registration. PLUS there is no extra charge for shipping, handling and processing as your book will be shipped with your company. Also, as an added bonus, your copy of Detours and Contradictions will be personally autographed by Lawrence J. Spiegel.
Charlie's Entrepreneurial Journey
Building your business, or selecting the type of business to start, is easy when using Charlie’s Entrepreneurial Journey as a guide and applying Lawrence J. Spiegel’s thirty eight "Principles of Entrepreneurship" to your business. Spiegel’s latest book provides 416 pages of insight into the world of an aspiring entrepreneur named Charlie. Charlie’s journey leads him through topics never discussed in business books but essential to success. Topics include: costs associated with Acquiring a Customer, Urgency to Purchase, Saturation Advertising, Success Leaves Tracks and Repetitive Business. Spiegel’s "Principles of Entrepreneurship" cannot be found anywhere else. In fact, no one has ever exposed the business secrets Spiegel discloses. If you are seeking to spark your business you will find an EXPLOSION in this book. Order this book at the time of ordering your federal Copyright registration and you will get Charlie’s Entrepreneurial Journey for $19.50 which includes shipping, handling and processing, when ordered with your federal Copyright registration. PLUS Lawrence J. Spiegel will personally autograph your copy of Charlie’s Entrepreneurial Journey.
SHIPPING Top of Page
PROCESSING, HANDLING AND SHIPPING INFORMATION
Charges will be incurred depending on the weight of the Federal Copyrighted material. Federal Copyright Registration Packages that weigh up to 2 pounds will incur processing, shipping and handling charges of $17.95; packages weighing over 2 pounds but not greater than 5 pounds will incur processing, shipping and handling charges of $27.95; packages weighing over 5 pounds but not greater than 10 pounds will incur processing, shipping and handling charges of $32.95. Processing, shipping and handling charges for Federal Copyright Registration Packages over 10 pounds in weight will be determined on an individual basis.
SPEED OF SERVICE OPTIONS
Next Business Day Service
If you need your Trade Dress urgently, for an additional $150, we will expedite the preparation of Trade Dress registration documents and the Trade Dress registration documents will be ready the next business day, after receipt of payment.
3 Business Day Service
If you need to register your Trade Dress fast, we offer a 3 Business Day Service for an additional $75. We will expedite the preparation of the Trade Dress registration documents and they will be ready in 3 business days, after receipt of payment.
Regular Priority Service
Your order will be marked for special handling, a member of the staff will be assigned to actively monitor the status of your Trade Dress, and your documents will be hand-delivered to you (if requested by you, your signature will be required upon receipt) to insure confidentiality via Federal Express, U.P.S. or other delivery service or electronic mail. The preparation and processing time for regular priority service for your Trade Dress registration documents is approximately two weeks after receipt of payment.
Orders received after 3:30 pm Eastern Time will be processed the following business day.
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|1840 Coral Way|
Miami, FL 33145
Toll Free: (800) 603 - 3900
Fax: (305) 857-3700
Natalia Utrera, Esq.,
|707 East Colonial Drive|
Orlando, Florida 32803
Toll Free: (888) 991-9700
Fax: (407) 894-5700
William M. Homsi, Esq.,
|4727 Wilshire Blvd.|
Los Angeles, CA 90010
Toll Free: (888) 520-7800
Fax: (323) 939-5600
Nena Tabu, Esq.,
|New York City||Long Island||Las Vegas|
|1 Maiden Lane|
New York, NY 10038
Toll Free: (800) 576-1100
Fax: (212) 964-5600
Gracielle R. Cabungcal, Esq.
|55 Jericho Turnpike|
Jericho, NY 11753
Toll Free: (888) 797-6200
Fax: (516) 338-9200
Gracielle R. Cabungcal, Esq.
Interim Managing Attorney
|1785 E Sahara Ave|
Las Vegas, NV 89104
Toll Free: (888) 530 4500
(702) 364 2200
Fax: (702) 458 2100
Michael R. Carrigan, Esq.,
|9 East Loockerman Street|
Dover, DE 19901
Toll Free: (888) 641-3800
Fax: (302) 674-2100
Courtney Riordan, Esq.
|123 West Madison Street|
Chicago, IL 60602-4620
Toll Free: (888) 514-9800
Fax: (312) 443-8900
Michael C. Welchko, Esq.
|642 Broad St., Suite 2|
Clifton, NJ 07013
Toll Free: (888) 336-8400
Fax: (973) 778-2900
Gracielle R. Cabungcal, Esq.
Interim Managing Attorney
|Atlanta||United Kingdom|| |
34 Peachtree Street NW
Atlanta, GA 30303
Tamara L. Klopenstein, Esq.
|Spiegel & Utrera, Ltd.|
"Your Gateway to Europe"
11 Murray Street, London NW19RE
Telephone: 011 44 207 284 3700 | Fax: 011 44 207 284 3533
Toll Free: 0 800 917 1200
USA, Canada and Mexico
Toll Free: 1-800-546-5070 | Fax: 0 800 169 2300
Russell D. Williams, Esq.
|General Counsel Club®|| || |
Unlimited Legal & Business Advice
Toll Free: 1 (800) 734 - 9900
Fax: 1 (800) 520 - 7800
Natalia Utrera, Esq.,
|Changes, Modifications, Additions, Deletions and Other Services|
You can expect a reply within 4 business hours.
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