Logo of the Inventors Association of St. Louis

Inventors Connection
Inventors Association
of Saint Louis

Logo of the Inventors Association of St. Louis

Inventors Association of St. Louis (IASL)
PO Box 410111
St. Louis, MO   63141
Tel: 314-432-1291
Contact: Robert Scheinkman, CC&BW
E-mail: President@inventorsconnection.org
Web Page: eweb.slu.edu/index.php?option=content&task=view&id=219

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Service Name: Trademarks, Service Marks & Trade Names
[___][___][___][___][___][___]-- Words that were once legitimate trademarks can become "Generic" and lose their protected status: -- "Love Your Neighbor Corp. of Michigan sued Love Thy Neighbor Fund of Florida for trademark infringement." -- :-\

-- --> Trademarks ® -Programs that grant official property rights to manufacturers, merchants, or other trades people who have adopted distinctive marks, mottos, devices, or emblems which uniquely identify their commodities and distingush them from those manufactured or sold by others. The IASL will aid you in your research and development.

--> Why should you obtain a trademark? -- Here are some specific benefits of having a federally registered trademark:

-- 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.
-- -- Updated Sidebar: -- "The United States
Joins the Madrid Protocol"

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



"– investors always look for an advantage in the marketplace. Such advantages can be a patent, a great trademark, or
something protectable with the rights afforded by copyright. If none of these apply, there is one more.
This one more is called “first to market”. Oftentimes, being the first to market coupled with a great trademark can be the
key to success. Recall the story of the SNUGGY®, a robe put on backwards and heavily advertised. Customers sought out
the SNUGGY® product because of its catchy name and its early presence in the market. Despite no barriers to
competition, the product made millions. Thus, if there is no intellectual property protection available, always consider
the advantage of being “first to market”. Understand that being first to market does not protect one from competition
nor does being first to market provide long term protection; but, being first to market can provide some short term profits."


-- "What Is In A Name And Design?" --

-- "Are Web-savvy competitors redirecting your customers?" --
-- "Companies Object to Google Policy on Trademarks - NYTimes.com" --

--> "Frequently Asked Questions About Trademarks"

-- "Save on Taxes & Protect Your Assets" --

USPTO Expert3 (Sep 20, 2005 2:18:55 PM)
If your mark is registered, you will need an Affidavit under Section 8 in which you provide information about your continued use of the registered mark. It must be filed between the 5th and 6th year of registration.

-- "How Are Trademarks Protected?" --

-- "IP Education Center: Why Protect a Trademark Outside Of the United States" --

========== -- "IP Education Center: Why Obtaining A Trademark Registration Outside The United States Is Important" -- ========== -- "IP Education Center: Why Not Rely On Common Law Trademark Rights" -- ==========

-- Personality and Voice Through Archetype Identification --

-- "The term "archetypes", as it is used in marketing today, has its origins in Carl Gustav Jung's theories. He believed that universal, mythic characters- archetypes-reside within the collective unconscious of people the world over. Archetypal images represent fundamental human desires and evoke deep emotions.

-- Is your brand serious, competent, daring, adventurous, fun, rebellious, or intelligent? Is your brand sophisticated, outdoorsy, or reliable? Identifying your brand's archetype can enable you to develop a brand personality that resonates with your prospects and customers, and helps you define and direct your marketing and communications efforts. And when that personality is conveyed consistently across your products, services, logo, tagline, packaging, and communications, your marketing will be on target and therefore, more effective." -- Intellectual Property lawyer, Dominic A. Frisina, principal of Frisina, LLC

Can I register a business name as a trademark?
USPTO Expert3: (Feb 28, 2008 3:09:39 PM)
zane714 - "You can register a business name as a trademark IF it is being used as a trademark. A trademark must identify the goods and services of a particular entity - it is not intended to identify the entity itself which is what a business name does."

-- "Eight Biz Web Site Myths - AOL Small Business" -- "If you're feeling pressure to create a website for your company, you're not alone. Even if you don't want to sell your products or services directly over the internet, simply maintaining a professional-looking, well-functioning site can help a new company seem more established."

-- "Small Business Tips - Growing Your Business"
5) Protect your Business with Trademarks. After you've worked to bring your business idea to life, protecting it becomes important. Companies with similar names or offering similar products can steal customers away or negatively impact your reputation. Registering your business name and product protects against this scenario and allows you to be a unique company, saving you from consumer confusion.

-- "How to Tell Your Client No" --

-- "Chickenfoot's Debut Album Uses Patented Cover | IPWatchdog.com | Patent Copyright Trademark" --

-- "snopes.com: KFC and Fried Chicken" --

-------------------------------------------------------------------------------> >

-- "Trademarks - where to start" --

< <-------------------------------------------------------------------------------

"Affordable Trademark - Attorney Morris Turek"
"because our most important obligation to you is minimizing your probability of being sued for trademark infringement, we do not operate like other law firms that encourage you to purchase trademark search and trademark registration services through impersonal web forms without a personal and confidential consultation with you regarding your specific business ventures."

-- "Affordable Trademark Search and Trademark Registration Pricing" --
-------------------------------------------------------------------------------> >
-- "Trademark Application --> Faster Notice"
-- "USPTO Celebrates One-Millionth Electronically Filed Trademark Application"
-- "Maintaining a federal trademark registration"

-- "Fourth, you should record your registration with U.S. Customs & Border Protection. Doing so offers you significant and inexpensive protection against imported counterfeit goods bearing your trademark. U.S. Customs maintains a trademark recordation system for trademarks registered with the U.S. Trademark Office. U.S. Customs agents use this recordation system to monitor imports at all 317 ports of entry to seize counterfeit goods before they even enter the U.S. market. You will receive detailed notices of any such seizure, including country of origin and addresses of the exporter and importer, so that you can take appropriate action. Without recordation, U.S. Customs will not deny entry to counterfeit goods and your only remedy is expensive civil litigation for trademark infringement." -- "http://www.ruttlerlaw.com/question.html" --

-- "FOXNews.com - Moore's Law Won't Last Forever, Says Moore - Science News"

-- "YottaMark - Detects and deters counterfeiting, diversion and many forms of commercial fraud."

-- Words that were once legitimate trademarks can become "Generic" and lose their protected status: --> linoleum, zipper, kerosene, escalator, trampoline, aspirin, murphey bed, thermos, cellophane, yo-yo, raisin brand, milk of magnesia, brassiere, cube steak, mimeograph, nylon, corn flakes, dry ice, etc.
-- "Urban Legends Reference Pages: Business (Don't Go Here)"

1936: Louis Ballast of Denver, Colorado was given a trademark for the name 'cheeseburger.' He never enforced it though.

-- "Incorporate Online, Incorporation Services, LLC, Trademark" --

-- "Brown & Michaels -- Trademarks Do's and Don'ts" @ --> Trademarks

Your mailbox is flooded daily with solicitations for websites --- -> ---------------------------------------------------------------> >
-- "BBC NEWS | Technology | Spam overwhelms e-mail messages" --
---------------------------------------------------------------> >

-- --> What can it cost? Does it take long? Should I wing-it, go it alone? "5 Reasons We're the Best"

--> Your mailbox is flooded daily with solicitations for websites. Check here to make domain name comparisons -->

GreatDomains – Premium Domain Auctions and Domain Parking Program --

-- "Top 10 Most Expensive Internet Domains" --

-- "Co. buys back Bush library domain name for $35K"

-- "InterNIC / FAQs on the Domain Names, Registrars and Registration"

-- "Internet Domain Names Grow to 177 Million in 2008, Latest VeriSign Industry Brief Shows" --

Q: I'm a private investigator and need help doing research. I need to know what domains people own. Can I search by name? Where do I start?

A: You can find this service online. DomainTools is one site that does it. Pricing is based on the number of domains found. The base price is $80 for nine or fewer domains. Prices rise from there. Finding a domain owner is much easier. That information is available from most domain registrars. You can also search through WHOIS. All that's needed is the website name. You'll get the owner's name and contact information. WHOIS is free. [Kim Komando]

-- "Yahoo Adds Two E-Mail Domains To Saturated Yahoo.com" --

-- "The Associated Press: Commerce Dept. criticizes Internet addressing plan" --

-- "Watch out '.com,' here comes '.disney' --

-- "What's Dot and What's Not: Domain Name Registration Scams"

--> If you would like to STOP or END unsolicited commercial e-mail (spam) -->
Go to: --> SpamCop.net
--> And if that doesn't help, go to: -->
{:-( BANTHESPAM This should do it!! -->
--> "Mailwasher Free Spam Filter Software: The Reliable Free Spam Blocker" --

-- "Whois Utility" --

-- -- "Komando.com, Website for The Kim Komando Radio Show, Kim's Tips on Stopping Spammers --

-- Billionaire Richard Branson --
"When I started Virgin in the 1970s, I chose that name because I was a virgin in business. If I had waited until I was an expert, I might have missed the opportunity. You don’t have to be a pilot to run an airline... or an astronaut to run an aerospace company. When I enter a new industry, I spend three months completely immersing myself in it. Then I find the best people I can find, trust their input and learn what I need to know as I go."

-- -- "Bottom Line's Business Secrets" --

-- Easy Online Payroll from Bank of America lets small businesses (with one to 50 employees) manage all aspects of payroll, from paying employees and depositing payroll taxes to completing and submitting payroll returns. It’s free to companies that use direct deposit at Bank of America for their employees.

-- -- "Spam Laws: CAN-SPAM Act of 2003"

-- -- "Nearly 95 percent of e-mail is junk: US Web security firm" --

-- -- Have you been curious to know where Spam comes from -- the Country of origin? -- As Jack Benny once said, "Well!!"

--> Unlike Patents, Trademarks are renewable every ten years. -- "You can file a trademark application in each of the European countries in which you want protection. Or you can file an application in the Office of Harmonization of the Internal Market (OHIM) - that's the European trademark office. Countries that are members of the European Union are in OHIM and you can get protection in all of them that way. Countries that are not part of the European Union must be applied to on an individual basis." USPTO Internet Portal

--> Unlike Patents, Trademarks are renewable every ten years. -- Since 1870, there have been over 2.5 million trademarks registered in the USPTO. -->

-- "PatentEase - PatentAp Software" --

-- Here's a partial list of actual trademarks for which McDonald's has applied. Not all have been granted: McMom - McBaby - McFamily - McTime - McMemories - McMagination - McHoliday - McSmile - McGreen - McNature Trail - McBunny - McCajun - McTravel - McMarket - McProduct - McMarketing - McStock - McMillions. Found in Readers Digest, June 2002, page 69, via Harper's Magazine.

-- "Herb Peterson, McMuffin Inventor, Is Dead at 89 - New York Time" --

-- "Monkee Mike Nesmith's mother Bette Nesmith Graham was the inventor of Liquid Paper correction fluid. She sold the rights to the Gillette Corporation in 1970 for $47.5 million and when she died in 1982, she left half of her fortune to her son Michael." --

-- "Peak Performance Sales Training: Recruiting"

-- If you have a head on your shoulders, come use it at our IASL Meeting. -- If you have a head on your shoulders, come use it at our IASL Meeting.

-- The complexity of protecting an idea and creating an invention is explored and you will marvel at what it takes to be an inventor.

-- "There is no charge for looking" and we can't do anything to you when you take advantage of our generosity in our extending to you this website.. however your $5.00 donation or joining for *$25.00 would be appreciated.

--> During or after your IASL Meeting visit, leave us YOUR BIG TIP, (so-to-speak.)

* $25.00 is a bargain: In 1993, when I took over the IASL, the Dues was $95.00 to Join and after a year, $75.00 to Renew. --> I reduced that to $75.00 and $55.00.

--> In 1997, I reduced it further to $55.00 and $35.00. And on November 18, 2010, I reduced that to $35.00 and $25.00. TRULY A BARGAIN!!

O.K., O.K. -- This is the Best Deal! The IASL Dues was reduced in July, 2012, to $25.00 Per Year. A Huge Savings for You! --

Robert Scheinkman, President Emeritus 07/01/2014

-- "SBTV - Small Business Television Network" -- OSHA offers programs and services that you can access without disclosing your identity.

-- --> A Trade Name is used to recognize immediately, if possible, 'The Company' - Make that THE COMPANY. To illustrate, here's a look at just a few of the companies and organizations that have gone through name changes in the last few years: -->
-- THEN...................................NOW --
Anderson Consulting...........Accenture
Arthur Anderson...................Anderson
Emerson Electric......................Emerson
First Photo............................Growing Family
Gabriel Communications.....NuVox
Primary Network..................Mpower Communications
Primary Webworks...............Vertecon
Shandwick International.......Weber Shandwick
Shaw Arboretum..................Shaw Nature Reserve
SBCSouthwestern Bell..........SBC
Southwestern Bell Wireless...Cingular...AT&T
St. Louis Regional Commerce &
Growth Association (RCGA)...
St. Louis Regional Chamber &
Growth Association (RCGA)
Tapestry Integration.............Eclipse Network
Unigraphic Solutions............UGS
Union Electric......................Ameren UE
Union Planters Bank...........Regions Bank

To the neophyte inventor an amazing world of marvels will open. Come and see. Join us. The doors will open to mystery, intrigue, escape and excitement. -- "StLWebDesigns.com - St. Louis Web Designs providing website design at affordable prices."

-- "Google SketchUp" --

-->To the neophyte inventor an amazing world of marvels will open. Come and see. Join us. The doors will open to mystery, intrigue, escape and excitement. You will learn the hidden secrets that will fulfill your dreams for wealth and glory. You may even become one of the cutting edges of brilliance!!? - And why not? ;-)

--> Read the law on the Missouri Revised Legislation on Trademarks, Names and Private Emblems. Chapter 417, revised August 28, 2011 --> (So much to read -- Keep Scrolling) -->

Sections 417.450 to 417.467 shall be known and may be cited as "The Missouri Uniform Trade Secrets Act".

(L. 1995 S.B. 80 & 88 § 1)

--> Read further down to 417.400 thru 417.436; the MISSOURI INVENTION DEVELOPER LAW, to discover how this Missouri Statute, should help you to know that it is there to benefit and protect you from the scamming invention promotion developers, who are out there trying to 'rip you off.' -->
-- 417.403(6) "A statement as follows: "Any contract for invention development services between you and ourselves is regulated by law. We are not qualified or permitted to advise you whether protection of your invention is available under the patent laws of the United States or any other laws. If your invention is patentable or infringes an existing valid patent, your failure to inquire into these matters may affect your rights to your invention or make you liable to others for patent infringement. Furthermore, disclosure of your invention to others on a nonconfidential basis may also adversely affect your rights. We urge you to seek the counsel of an attorney or agent registered to practice before the United States Patent and Trademark Office."

--> Also read 417.450 to 417.467, "The Missouri Uniform Trade Secrets Act." -

-- "Edward Palonek™ | Unclaimed Money | Free Unclaimed Money | Unclaimed Property" --

-- "NAUPA - Searching for YOUR unclaimed funds"

-- The National Association of Unclaimed Property Administrators (NAUPA) is a non-profit organization affiliated with the National Association of State Treasurers. Members represent all states and the District of Columbia. --

-- "About Unclaimed Property" --

GET INVENTIVE -- Written by Joan Lefkowitz

-- In an uncertain economy, what can retailers do NOW to intrigue shoppers, make them feel good in this new moment, and encourage them to buy more of your product?

Your product offers retailers a gift. The gift of originality and of escaping the expected. There are things that you can do to help your buyers make your product a three star sales champion.


-- Tips for inventors:
-- Make your consumer invention saleable and user friendly.
-- The item should be visually and tactilely appealing, have a nice shape and be made available in an attractive color; with smooth edges and an even finish.
-- It should work easily and be durable.
-- Packaging should be compact so that buyers do not have to give up much space to include it in their mix.
-- The product name should be catchy and memorable.
-- Logo and graphics should be clear and easy to read. Photos of product results should appear on the front of the package. Simple 'how tos' should appear on the back of the package.

-- We all remember the last big recession. As the gold-plated eighties started to erode, retailers and vendors were hard hit; with many having to close their doors. As a multi-line showroom, to keep our vendors going during hard times, we recommended that they think 'out of the box' and add new and novel products to their lines. These items made the retailers smile and had a big response at retail. Some of you may remember the 'jeweled watergun necklace.'Other people started bringing us their "inventions" to review. In the early nineties when the inventor, Tomima Edmark, contacted us about her patented hair tool invention that turned a ponytail inside out to make beautiful hairstyles; we were ready to take the leap with a one item vendor.

-- TOPSYTAIL(tm) made fashion accessory history, with over $100,000,000 in retail sales. We have continued to take on new inventions in addition to the full product lines we represent, and the combination has created a strong sales balance for our company.

-- Tips for your retail buyers:
-- As the economy is improving and buying budgets grow, dare to break the vendor matrix and experiment.
-- Save a percentage of your 'open to buy' and add 'out of the box' products that will fulfill your customers' needs and fancies. Continually provide surprising innovative items.
-- Mine the internet by searching for "inventions" or "product innovations" for new ideas. Attend invention expos.

-- You will be amazed at the wealth of invention available in every category of consumer products. Customers will come to buy what they know they can rely on you for; but they will also come to you for your unique new products.

-- Provide alluring signage, displays and photos, if the retailer permits.
-- Offer live demonstrators and "guest" appearances by the inventor, YOU.
-- Offer "how to" videos to stores that will run them on the selling floor.
-- Offer bonus booklets showing extra style or use options as a method of sampling or giveaways to consumers.
-- Create special price breaks to your buyers, if they will "outpost" your product in multiple locations in a store.
-- Provide periodic surprising new add-on products to keep the buyer interested, grow your solitary item into a full product line; and satisfy consumers who are always looking for "what's next" (regardless of the economy.) © by Joan Lefkowitz.

-- Joan Lefkowitz is president of Accessory Brainstorms, NYC, a marketing and licensing agent and consultant for accessories, beauty and lifestyle inventions; and product director for Accessory Resource Gallery, a multi-line showroom in New York's fashion district. -- She started her business in 1983, not thinking about the economy! -- She can be reached at 212-379-6363, or visit her on the web at www.accessorybrainstorms.com


-- "License to Deal -- "If you can’t explain it quickly, how do you expect the consumer to understand it?”

-- "an emerging trend is creative, flexible licensing agreements. These include contracts with escalating and de-escalating royalty rates, minimum sales targets, buy-back provisions, profit sharing, and joint venture-type provisions."