Testimonial: Dingeman to the Rescue!

I consulted the Law Office of David M. Dingeman when my company ran into a roadblock with the U.S. Patent and Trademark Office. Mr. Dingeman responded immediately.  He negotiated with examining attorneys, then determined an expedient course of action to achieve corporate goals at minimal expense of time and money.

As a growing Internet company, we have had many "great ideas" that Mr. Dingeman advised us were problematic from conceptualization.  What a difference it makes when you consult the expert!  Mr. Dingeman's astute guidance significantly enhances our corporate image in countless ways. We rely on his legal advice, knowing it is based on wide experience with rapidly advancing technologies affecting intellectual property laws.

Contact Mr. Dingeman at the very beginning of a project, even if you don't expect trademark issues to arise. His legal advice and counsel are invaluable!

Thomas K. Green, President
Expertsites, Inc.
http://www.expertsites.com

<View article written by David M. Dingeman on Trademarks 101>

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U.S. Federal Registration for Trademarks

What are the benefits of federal trademark registration? [source: USPTO]

1. Constructive notice nationwide of the trademark owner's claim.
2. Evidence of ownership of the trademark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in foreign countries.
5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
6. Attorneys fees may be awarded.

When you register your domain name with your internet service provider you are not obtaining the legal right to use that name.

• Based on the Federal Trademark Dilution Act of 1995, domain names can infringe on trademarks or servicemarks and therefore create a legal cause of action against the domain name registrant for tarnishing the trademark.
• Network Solutions, the company responsible for all domain names ending in COM, ORG, NET, and EDU, does not determine the legality of the domain name registration or whether that domain name will infringe on trademarks.
• Network Solutions FAQ: Why are some domain names ``On Hold"? The InterNIC WHOIS database will show a status of ``On Hold" if a) payment for the domain is not current, b) the domain name is involved in a dispute with a trademark owner, c) name server activation is pending, or d) another administrative or technical matter is pending.

Solutions

• Search the federal and state registries for active trademarks, search all abandoned applications and registrations, search all databases including commercial and telephone directories.
• Determine if your domain name may infringe upon or is similar to any famous but registered or unregistered trademarks, names or service marks.
• Obtain federal trademark registration of your domain name and then register that name with InterNIC, Network Solutions.
• Seek Legal Advice