After reading about Common-Law, you’re probably wondering why you’d even be interested in getting a Federal Trademark for your name. Well, let’s break down the key reasons as provided by the USPTO.

1) Constructive notice nationwide of the trademark owner’s claim

Essentially, this means that no other party will have the right to use the same or confusingly similar name throughout the US. It also means you can use the ® symbol. Prior to registration, you’d use the TM symbol - this denotes that the application is pending.

2) Evidence of ownership of the trademark

The records of the USPTO are public and therefore, it’ll be obvious you own the Federal trademark.

3) Jurisdiction of federal courts may be invoked

Should another party infringe on your Federal trademark rights, you’ll be able to use the Federal court system.

4) Registration can be used as a basis for obtaining registration in foreign countries

If you do want to extend outside of the US, you’ll be able to use your US Federal trademark registration as a claim for priority.

5) Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods

You’ll be able to record your Federal trademark with U.S. Customs & Border Protection to prevent the importation of goods that infringe upon your mark. Read more here.

All of the above advantages are yours once you obtain a Federal trademark. However, all of the above can only be yours once you know that the mark is truly available AND the application has been completed correctly.

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.

Article Source: http://EzineArticles.com/?expert=Shannon_Moore

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The trademark existence on products and services is very important. A trademark is destined to give a distinctiveness and characteristic on the products and services. As a choice of a trademark the businessmen indeed desire to have a good name, easy to be remembered, easy to be pronounced and nice to be heard. The ease and uniqueness of a trademark is intended to attract the consumers on the products or services offered. Trademarks such as “Gucci”, “Louis Vuitton”, “Cartier” and “Salvatore Ferragamo” are the popular trademarks among the youngster and wealthy ladies. Carrying a “Louis Vuitton”, “Cartier” or “Gucci” handbag while shopping on the mall certainly is a prestige for certain society and the predicate as the wealthy people could be gained by them.

So for businessmen a trademark is an important thing. A trademark can be interpreted in many aspects and it depends on which side it is being viewed. Therefore it is common if a trademark is potentially could create the conflict of law. A trademark can make a person becomes rich and wealthy person but on the opposite it could also downgrade and make a person becomes very poor.

The conflict brought to the Commercial Court is one of the examples where a person files a lawsuit to the other because the person in the opinion that his/her trademark is being infringed by the other party and consequently it damages the products or services offered by the said person. In many cases the reason for the lawsuits are based on the “existence of basic or whole similarity “between one party’s products to others. However in fact it is also difficult for us to determine whether a specific trademark is similar with the other or not.

What is the basic element of a “similarity”? Is it similar between the trademarks “Burger King”, “Burger Kids” or “Burger Queen”? The Explanation of Article 6 Law No. 15 Year 2001 on Mark states that “similarity” is in case of there is a strong element between a mark to another which creates an impression of the similarity in shape/form, placing or sound.

Then the question is whether “Burger King” similar to “Burger Kids” or “Burger Queen”? Let’s simply compare it. If we look at the three trademarks then the strong elements of the trademarks are “King”, “Kids” and “Queen”. Are those trademarks having similarity in shape/sound or the placing or definition? In plain view, it is clearly not. Then is it permissible if there is a party wishes to use the trademarks of “Burger Queen” or “Burger Kids” if the same is not yet registered by the “Burger King” party? Legally the using of “Burger Queen” or “Burger Kids” by any party will not create any problem, will it? Since all the three are containing different definition and there is no similarity at all.

However another argument can be arisen based on the argumentation of “non existence of good faith”. The “Burger King” party with his 11.100 outlets in the United States of America and 66 other countries might oppose in case there is any other party use “Burger Queen” or “Burger Kids” which is correlated with “Burger King” party. Although we know that the word “Burger” is a common word that cannot be owned by any party. However “Burger King” might be in the opinion that the idea in using the name/the name’s founder is in their side. Therefore any word followed “Burger” in any shape/form will not be permitted. We all might be confused with the elements of basic similarity.

All of its evaluation is based on the subjective evaluation. For a trademark being filed its application at the Trademark Directorate then the role of the Trademark Directorate is very eminent in the determining the basic similarity. A trademark consists of some words such as “Café Santai Malam Sepanjang Tahun” could be determined as the same with “Café Santai” since the word element of “Santai” would be regarded as the most eminent element and therefore as the effect the said application can be rejected by the Trademark Directorate.

It is not different with the Trademark Directorate, the Commercial Court and the Supreme Court are also has no uniformity in the judging of basic similarity. For example is the Supreme Court Decision No. 04/K/N/HAKI/2002 on “Berger Seidle” trademark that was decided has no similarity with “Berger” trademark and “Berger Master” logo. But in the case of Supreme Court No. 039/K/HAKI/2003 decided that trademark “Cannonmate” is similar with “Cannon” trademark.

The existence of multi interpretation in deciding basic similarity is not simplifying for the legal practitioners and it will not close the possibility for the trademark examiners or judges who handle the said application/case to take the personal interest. It is often that a trademark that is not similar is rejected with expectation to get the compensation. Such practice is easily happened since there is no law uniformity in deciding the similarity of a trademark.

Therefore the law practitioners expect that a good Supreme Court Decision shall be followed by the other law enforcers in order to erase the confusion in evaluating of basic similarity.

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A change in Art. 39 of CTM Regulation covering applications for Community Trade Marks (CTMs) will make national searches optional from 10 March, 2008.

The new content of the mentioned rule establishes that national search reports will be produced only on request of the applicant under an all-or-nothing principle, whereby searches will be done for a separate fee in all participating member states of the EU (17 national offices are taking part from March 2008). Notwithstanding, Community search reports and warning letters will continue to be delivered as before.

The request for national searches must be made when the application is filed and the fee to be applied is currently being reviewed.

For trade marks with a filing date prior to 10 March 2008, the previous system will apply, which means that Community and national searches will be carried out automatically in all cases without the obligation to pay a specific search fee. A period of three months is given to national offices to produce the search reports.

For marks filed from 10 March and onwards, the following will apply:

- A Community search report will be produced in all cases, whereas national search reports, in a harmonized format, will be prepared only on request by applicants.

- The period for producing searches given to the national offices taking part in the system is reduced from three to two months.

- A request for national searches means that all participating national offices will carry out the search, all of which must be paid for. It will not be possible to select some countries for searches and leave out others.

This new system will definitely speed up the CTM registration procedure as the timetable for searching delays publication up to three months and the searches were inefficient as they were incomplete, Germany, France, Italy and Ireland did not participate in the search proceeding.

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In the case decided by the Court, a female employee sued her employer alleging sexual harassment based upon a hostile work environment. She also alleged that she had been constructively discharged.

The employee claimed that there had been a series of sexual harassment incidents involving numerous co-workers that she had not reported to the employer. For example, one co-worker told the employee that he wanted to have sex with her daughter; co-workers referred to the employee in derogatory terms; another co-worker hugged the employee, grabbed her breast, said it was firm, and jumped on top of her.

The Court found that the employee had reported only one of these incidents to management. Based upon that single report, the Court concluded that there was insufficient evidence to establish the type of severe and pervasive conduct necessary to prove a hostile work environment claim.

The Court also noted that the employer took prompt and effective remedial action when it learned of the employee’s allegations. The Court found that the employee did not show that the employer should have known about the sexual harassment incidents that she had not reported to management. The employee’s constructive discharge claim was also rejected, because the employee came forward with on evidence that the employer intended to force the employee to quit.

This case illustrates the point that with respect to sexual harassment between co-workers, the harassed employee must show that the employer knew, or should have known, about the sexual harassing behavior. While an employer may not ignore such conduct, the employer must at least have some knowledge of the offending behavior before it will be held liable. If the employer receives such a report and acts promptly to deal with the issue pursuant to its sexual harassment policy, the employer may avoid liability.

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What is FCRA compliance and how does it affect your background check?

Background checks include a lot of very personal information that is also easy for others with bad intentions to misuse. Just for those reasons, there is a federal law known as the Fair Credit Reporting Act or FCRA for short. This is the law that protects us and yet allows others insight into our background records. Although this law is good to have, it only regulates and rules over credit reporting agencies that comply with it and not the many other companies that offer instant background checks at low prices, database checks and other instant checks.

When a consumer reporting agency, also referred to as a CRA, complies with the FCRA then it abides by a certain set of rules that are aimed at keeping both the party requesting a background check compliant as well as the person who it is being done on. It used to be controversial though, because although it gave every person a right to dispute any information included in their background check, the potential victim of wrongful data did not have a chance to see the reports provided by the CRAs. This has changed though, and ever since the FACTA (Fair and Accurate Credit Transaction Act) took effect in 2003, which is pretty much an extension of the FCRA, people can demand to see their report for themselves and any employer or credit agency, for example, will have to provide the person with a copy of what they received. This was an important step towards protecting the rights of people having background checks done.

What the credit reporting agencies are and what are their responsibilities

The FCRA, as already mentioned, rules over credit reporting agencies that abide by and meet certain standards. There are no set lists of accredited companies, but many do have the necessary credentials. Common examples of reporting agencies would be those that usually have contact with people, like mortgage lenders, banks, credit card companies, all kinds of courts, collectors and also past or present employers. One would think that because of who is allowed to provide information, that all data would be correct. However, this is not always the way things are and many consumers actually do find mistakes. The FCRA has created guidelines for the reporting agencies to follow because of this fact. For this reason, reporting agencies are required to provide only complete and correct information, and to correct any information that is found to be in error.

If a person having the background check done thinks there is inaccurate information reported, then these reporting agencies also have to investigate the claim, if they indeed reported inaccurate information. The investigation has to be completed within 30 days and then reported to the person that made the dispute in the first place. Needless to say, if information was wrong then it has to be corrected. An example of this would be a credit agency reporting inaccurate financial information on a credit report.

There are many reasons that an employer would ask for a background check that complies with the FCRA. For example, an employer may prefer credit reporting agencies and background check providers that comply with the FCRA because these companies are most familiar with the rules and legislation that regulate background checks.

Why FCRA non compliance background checks?

There is another option, though. Many companies offer background screening reports that do not comply with the FCRA. They rely solely on the results of the many databases available for purchase and only report information included in the public record. Reasons for FCRA non-compliant background check reports would be to do private research on the criminal history of someone you met online or a neighbor.

EasyBackgroundChecks.com is a leading provider of background checks and criminal records.

Article Source: http://EzineArticles.com/?expert=John_F_Smith

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Every year thousands of people are killed of severely injured do to the thoughtless act of driving while drunk. Most of the time the offender in the situation didn’t even realize how much the alcohol he or she had consumed was affecting them. The left the bar or party feeling quite confident that they were perfectly capable of driving. What they didn’t realize is that that is exactly the trick that alcohol plays on your brain. Exactly when you are reaching the level of feeling more confident, usually when you Blood Alcohol Content (BAC) has reached the .05 to .08 level, is also when your motor skills and ability to make good judgments has been affected.

States including Minnesota have taken the findings of scientists that have proven these theories as far back as the 1980’s and are incorporating them into their laws. All 50 states, including Minnesota as of 2005, have incorporated a legal limit of a BAC of .08 to be considering legally DWI (Driving While Intoxicated) or DUI (Driving Under the Influence). In many states, including Minnesota, there are some instances such as for underage drinkers and bus drivers where there is a Zero Tolerance policy which means these drivers can face penalties if they are found driving with any alcohol in their blood whatsoever.

The penalties are very strong for drivers found guilty of DWI’s or DUI’s in Minnesota. Drivers face possible jail time, loss of driving privileges and large fines if found guilty of driving with a BAC of .08 or higher. The jail time, fines and amount of time driving privileges are lost can be greatly extended or even doubled if the BAC is twice the legal limit or if the person has been found guilty of this more than once in a ten year period.

Court appearances, jail time, fines and fees and other legal costs are very inconvenient and add to that not be able to drive for 90 days and maybe even forever and it becomes apparent that drinking and driving can really make life more difficult. Compared to losing one’s life or being handicapped for life die to someone else’s actions it is a small price to pay and is designed to be uncomfortable enough that a person will not want to repeat the offense.

There is nothing to be gained by drinking and driving. There is always another way to get home. Call a family member or friend for a ride; they would probably rather receive this call than the one to come pick you up from jail or the hospital and then be stuck driving you around for 90 days or longer while you are without a driver’s license. Of course if you are pulled over for a DWI, your first phone call needs to be to your attorney so you can begin to work through the mess you have created. Drinking and driving may seem like a good idea to a drunk, but Minnesota will not tolerate the behavior and there will be a price to pay.

Would you like to learn more about DWI Laws, blood alcohol level and the consequence of drinking and driving? Please visit http://theduiprofessionals.com

Article Source: http://EzineArticles.com/?expert=Keith_Burke

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This article will provide some guidelines for hiring an attorney to represent you in a Pittsburgh DUI case. While this advice is based upon my experience in the criminal justice system in Pittsburgh, most of it will apply anywhere in the U.S. that you might be charged with DUI.

The most important thing that you can do when speaking to a DUI defense lawyer is to ask questions. Do not let your embarrassment, or the attorneys attitude, stop you from doing so. Asking questions is important for two reasons. One, you can’t make an informed decision about who will represent you without fully understanding what you are facing and how that person might handle your case. Second, whether an attorney is willing to patiently answer all of your questions can tell you alot about that person. If he (or she) will not answer your questions before you hire him, he likely will not do so when he already has your money and you are standing in court. The risks of jail time, license suspension and a potential criminal record are too high to make decisions without understanding why you are doing so.

You should beware of any attorney who makes guarantees to get you to hire him. For example, if he tells you that if you hire him he will beat the case or can guarantee a particular plea agreement. The criminal justice system is made up of people - Police Officers, Prosecutors and Judges etc. Therefore, it can, and usually will, be very unpredictable and no outcome can be guaranteed in advance. An experienced DUI defense lawyer will tell you what the most likely outcomes will be if you make certain choices like entering into a plea agreement or going to trial.

You should be concerned if an attorney just tells you what you have to do with your case. For example, he tells you must plead guilty or take a particular program. A DUI attorney should use his experience and training to give you their best advice under the circumstances of your case (those circumstances might not just include the facts of your case but other factors like which Judge you are in front of). However, he should also tell you what all of your options are not just the option that he advises. At the end of the day, the attorney is going to go home no matter what. You are the one whose freedom is at stake, and therefore, you should be the one to make the final decision based upon all of your choices. To clarify, I am not suggesting that you shouldn’t listen closely to an experienced DUI Lawyer’s opinion, but that you should be made aware of all of your options before deciding which course to take.

You should closely question any attorney regarding their experience. Do he defend DUI cases full time? If not, what percentage of his cases are DUI’s and how many has he handled? Just as importantly, what geographic areas does he have experience in? Every County in Pennsylvania has its own rules and regulations. Further, every Judge has their own way of doing things. If a lawyer is not very familiar with the Judges and rules in the area where you were charged you will be the one to suffer the consequences of that inexperience.

A DUI Lawyer should be willing to tell you up front what his fees will be under every circumstance. For instance, how much will the fee be if you plead guilty? If you need to have motions filed and/or proceed to trial? He should also be willing to give you a written fee agreement at the time you hire him. This will protect you as the case progresses through the system. Nothing will undermine the attorney-client relationship faster than you feeling that your attorney is stealing from you. I should note that while most Pittsburgh DUI defense lawyers work on a fee per case basis (this means they can tell you in advance what a plea or trial will cost) a few bill by the hour. If you choose to hire an attorney who does so make sure that he will keep you regularly updated as to the cost. This way you won’t be taken by surprise by a huge legal bill when the case is over.

Finally, beware of high pressure sales tactics (yes, just like when buying a car). If a DUI attorney tells you that you must pay now or lose the chance to hire him you should be concerned. Who will represent your legal rights is a very important decision. You should have the opportunity to talk to several lawyers if necessary until you are comfortable with your choice. You should have complete confidence in the person that you hire to fight for your rights.

In conclusion, the five things that your should keep in mind when hiring a DUI lawyer are; 1) Beware of guarantees; 2) The Lawyer should advise you not order you; 3) The attorney should be experienced in DUI defense and in the geographic area where you were charged; 4) The attorney should be willing to give you a written fee agreement; 5) Do not fall for high pressure sales tactics. Hopefully, this information will help you to hire the right DUI lawyer for you.

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Wrong prescriptions, incorrect diagnosis or hospital negligence, these are few of what is known as medical malpractice. Medical malpractice is an omission of the best available medical treatment by a health care practitioner to a patient.

If you or someone you know has been a victim of medical malpractice within Los Angeles and in any part of the U.S., you can take advantage of hiring medical malpractice claims lawyer whose experience in the field is vast.

On one hand, a patient whose treatment becomes unsuccessful is not necessarily entitled to a claim. This is because health care providers are not guarantors of cure. Hence, whether the alleged malpractice is ripe for suit or not, greatly depends on the sound analysis of a medical malpractice lawyer.

These are some reasons why you should hire a lawyer:

• Every malpractice calls for a different strategy

• Hospitals want low settlement. They will take advantage of you unrepresented.

• Determine complicated liens, if any, attached to your medical claims.

Should you want to pursue your case, these are the guidelines of finding one:

• Hire a lawyer not because of his/her promise of giving you the highest amount. Good lawyers rarely give an amount unless they properly made investigations.

• Ask your family or relatives for their advices in choosing the right lawyer

• Check the yellow pages or the internet pages for your prospective lawyer. Said pages provide for pertinent information regarding a specific lawyer and his/her background

• Make a background check

• He/she must act pursuant to your best interest

• He/she must not encourage you to lie or fabricate or conceal evidence

• He/she must be honest of the strengths and weaknesses of your case.

• He/She must be careful in dealing with your case.

Should you decide not to pursue a case, you must be ready with valuable information when dealing with the insurance company alone. Thus, a need for a medical malpractice lawyer still arises to educate you on your legal rights before it’s too late. Remember, insurance companies prefer low settlements.

You may, “I don’t need a lawyer. I can represent myself alone.” Well, you should not! Always remember that the doctor or hospital being complained of may also have a team of lawyers to defend them. These lawyers will surely throw procedural technicalities unfamiliar to you. You will surely lose the case not on its merit by mere procedure.

No matter how meticulous you are of your medical provider, chances are you will surely be an unwilling victim of medical malpractice. Statistics show that approximately 5% of all U.S. doctors are responsible for negligent claims.

Moreover, hospitals continue to hire inexperienced doctors while some hospitals overworked their doctors. About 2,000 doctors lose their license every year while 90,000 patients die each year due to negligence. Roughly, $17 billion to $29 billion are the total payouts for malpractice claims in the country.

With these alarming data, you need all resources you have and an experienced Los Angeles medical malpractice claims lawyer who is committed to win your lawsuit.

Our medical malpractice claims lawyers proficiently handle our clients’ lawsuits. Visit our professional Los Angeles lawyers’ website and experience the best services from our legal staff.

Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.

Article Source: http://EzineArticles.com/?expert=Jean_Kuda

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Every day roughly 18 people in the US die while sitting on a waiting list for an organ transplant. It’s a waiting game for many in the states, in part because tight regulatory controls govern organ harvesting procedures.

A surgeon in the US, Dr Hootan Roozrokh, has been accused of artificially hastening a patient’s death in order to retrieve the organs. The circumstances that led to Roozrokh being charged, took place in San Luis Obispo, California, in 2006.

A patient named Ruben Navarro, who suffered from a neurological disorder was admitted to an area hospital after suffering cardiac and respiratory arrest. Navarro was just about to turn 26. His mother had planned a birthday party to celebrate. Ruben was her only child.

In the days following his admission, Navarro was judged to be near death. His mother was informed that her son was beyond help and that instructions had been given to remove his life support system. The mother agreed to donate his organs.

Roozrokh was part of a transplant team at the hospital at the time. He allegedly broke hospital protocol by remaining in Navarro’s room after the patient’s ventilator was removed. Transplant team members are not allowed into a donor’s room until the donor is declared dead.

Roozrokh is alleged to have ordered large doses of morphine and Ativan, an anti-anxiety medication. Most damaging was the accusation that he essentially poisoned Navarro by introducing a topical antiseptic named Betadine into the patient’s system.

A nurse who was present claims that Roozrokh asked another nurse to get more “candy” drugs, with the apparent intention of hastening Navarro’s death.

Navarro died some 8 hours following the administration of the Betadine. The cause of death was ruled as ‘natural causes’, but given the lapse of time, Navarro’s organs had deteriorated too much to be transplanted.

The case has set off alarm bells in the American medical community. It has also been a concern for donation advocacy groups who are afraid the negative publicity might frighten donors away. Roozrokh faces three felony counts relating to the treatment of Ruben Navarro as a donor. He has pleaded not guilty.

If convicted he could be facing up to 8 years in jail and a fine.

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There are several options available to you when creating your own at home business. The simplest is a sole proprietorship. Since I already have a day job, however, I wanted to create a new legal entity that would give me some protection. That is why I looked at the various options around incorporating. This article provides a good summary of the primary options available for incorporating your small business.

If you are interesting in incorporating then there are three basic options:

1. Regular corporation (C-Corp)
2. S-Corporation (S-Corp)
3. Limited Liability Company (LLC)

Regular Corporation

A C-Corp is a separate legal entity. It protects the owners of the company from personal liability and company debt. A C-Corp can enter into contracts, buy real estate and other assets, sue and be sued completely separate from the owners. With a C-Corp it is also easier to raise capital via the sale of stock. The ownership of the C-Corp can be transferred via the transfer of stock. In addition, there are tax advantages that can be rather significant (e.g., you can deduct many business expenses that other legal entities can’t). The income is reported via a separate tax return for the corporation.

There is a specific structure for a C-Corp:

1. Shareholders own the stock of the corporation
2. Directors (”Board of Directors”) are elected by the shareholders
3. Directors appoint Officers (President, Secretary, etc.)
4. Officers run the company

Quite often (especially in the startup phase) you are the sole, 100% owner of the stock. As a result, you elect the directors (typically yourself) and then appoint yourself as an officer (or all of the officers). The Corporate Bylaws dictate the operating rules for the corporation. Operating a C-Corp requires, at a minimum, holding an annual Directors and Shareholders meeting, keeping written minutes of significant company decisions, and maintaining general corporate compliance at directed by the bylaws.

A C-Corp structure is the oldest, most successful, and most prestigious type of business entity. It provides personal liability protection and can reduce taxes. A C-Corp is, however, more expensive to set up and there is more formality required to operate.

S-Corporation

An S-Corporation can be created after a corporation has already been created. This is done by electing “S-Corporation Status” and completing and submitting a form to the IRS. After filing for S-Corp status, the corporation will be taxed like a partnership or sole proprietorship rather than a corporation. This means that the income will be “passed-through” to the shareholders for the purposes of computing tax returns.

Most new, small corporations elect S-Corporation status (>90%). This is done so that profits and losses can be added to the shareholders’ personal tax returns without having to pay taxes on profits once, and then again when they are given back to the shareholders as income (dividends). This example of “double taxation” is one of the main reasons that S-Corporations were created. It is worth noting that an S-Corp can revert back to a C-Corp relatively easily.

Unlike a C-Corp, an S-Corp can not deduct expenses like health insurance, travel, entertainment, etc. An S-Corp is also restricted to 75 or fewer shareholders and all shareholders must be U.S. citizens. Like a C-Corp, an S-Corp requires some operating formalities like board meetings, keeping minutes, and so on.

Limited Liability Company (LLC)

An LLC is best thought of as a hybrid between a corporation and a partnership. Like a partnership (or sole proprietorship) the LLC provides easy management and “pass-through” taxation (i.e., profits/losses are added to the owner(s) personal tax returns). An LLC is similar to a corporation in that it provide liability protection. LLC’s are relatively new in concept (about 20 years old) but are now recognized by all 50 states and D.C.

While an LLC is a separate legal entity like a corporation there is no stock and there are fewer operating formalities. The owners of an LLC are referred to as “members” instead of “shareholders”. The rules are operating an LLC are spelled out in the LLC’s “Operating Agreement”. The Operating Agreement can be modified over time as the business grows and changes.

An LLC is the incorporation option of choice for most startups consisting of 1-5 people. The ease of management and limited compliance requirements have made the LLC a very user-friendly solution for small businesses.

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