Following up on the earlier article about the new trademark registration requirements related to US residency, I’m quoted at length in this article on World Trademark Review.
I hope my remarks don’t downplay the possibility of problems. In particular I hope it’s clear that I believe that individual applicants could experience improper actions during examination including inappropriate inquiry into immigration status and the publication of information which should not be (and has no legal basis to be) made public. As the other attorneys point out, we need to make sure people are safe. That’s priority one.
All I meant by my comment on statistics is that it will become clear if there is a systemic issue in reasonably short order, which would mean the guidelines themselves are a problem, as opposed to individual application by Examining Attorneys. Anyway, here’s the article:
“We need to own the rights.”
That phrase gets thrown around a LOT in the creative industries. And it gets misused quite a bit of the time. What does it mean to “own” rights? What is it worth? Why is it necessary?
A personal story:
I used to be a photographer. I was pretty good, too. One day a friend of mine tells me his daughter’s boyfriend is managing a model, and she needs some portfolio pics, and could I do it? I said, “Sure.” So I go and take some pictures and everybody’s happy. Then Daughter’s Boyfriend calls me and says, “Hey, I manage a new band, they needs some album and promo pics, can you help me out?
I said, “Sure. What are you looking for, and what are you looking to spend?”
He says, “Well, I figured I’d pay you $200.00 and you’d just give me the film.”
Not pointing out that I shoot digital, I politely respond, “Yes, but what rights do you need?”
“Well I figured we’d own the pics and just pay you for your time.”
Fortunately, I know my friend doesn’t actually like Daughter’s Boyfriend, so I don’t have to be nice to himRead The Rest
I am quoted at length in this World Trademark News article on the new rule that foreign applicants for US trademark registrations must be represented by a US attorney starting on August 3. I’d go into more detail but the article hits all the important points, so please do check it out!