Trademark

Intellectual property is a right granted to any person who created awork that is useful to the public. Because intellectual property is apossible source of valuable economic gains, holders of intellectualproperty rights are protected from the possibility of other peopletake economic advantage of the right holder's work. One of the areasof intellectual property is trademark, which refers to the symbol orthe name to signify a product or a service. Trademarks are highlyprotected because they are telling of the quality of certain productsor services, which is often the foundation of any business.

Application for the right to use a trademark is not an easy processthat is left to the hands of the applicant. Trademark law specifiesnumerous requirements, non-compliance of one would result to thedenial of the application. To apply for trademark rights, theapplicant can either: (1) file a mark with the United States Patentand Trademark Office with the intent to use that mark on a product orservice that will be offered to the public, or (2) by actually usingthe mark on a product or for a service.

The timing of the application for trademark right may be the firstbump that trademark rights applicants need to hurdle. Trademark law,which is a federal legislation, provides that the filing date servesas the date of constructive use of the mark. This means that the actof filing creates a nationwide priority of rights in case anotherperson decides to use the same or a confusingly similar mark.Trademark law emphasizes that there must be a bona fide intent to usethe mark for a product or a service to be sold to the public. Withoutthis bona fide intent to use, the application will be deemed invalidand fraudulent and the Trademark Office can impose penalties.Trademark law also requires that the trademark be used within sixmonths after the Trademark Office allows the use of such mark. Thefiling for a trademark right protects the holder from future disputeswhen a similar mark is used for a similar product or service bygiving him right of priority over the mark. In the internationaltrade scene, U.S. trade laws prohibits the entry of goods bearing amark which infringes on a registered mark into the country.

There is research involved in the application for trademark rights asexclusive trademark rights are also granted to those who have usedthe marks even without filing for registration with the TrademarkOffice if the use of such mark is prior to the filing forregistration. This means that when applying for trademark rights, theapplicant must ensure that no one else is using that mark. Ifsomebody else is using that mark before the filing for registration,the application can be denied.

Application for federal registration of a trademark or service markis a tedious process requiring research and review. It is thus a goodidea for applicants to employ the service of an expert trademark lawattorney to handle the legal requirements needed for trademarkregistration so that the applicant can focus on the business aspectof the trademark.

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Immigration Law - Legal Information and Resources

Immigration

The U.S. Citizenship and Immigration Services has federal oversight over immigration and issues accompanying immigration. The Immigration and Naturalization Act ("INA") aims to unify the numerous rules and regulations relating to immigration. The United States has a perennial immigration problem, and, following the Sept. 11, 2001 terrorist attacks, the federal government grew stricter on implementation of immigration laws.

Immigration law in the United States is complex, and, as mentioned above, strictly implemented. Currently, the INA limits the annual worldwide permanent immigrants to 675,000. Certain exceptions apply to close family members, including spouse, minor children, parents, and siblings. The limit does not apply to the number of refugees admitted each, the decision of which is left to the U.S. President's discretion. The main principle used in the admission of immigrants in the United States is reunification of families. Highly-skilled workers or specialists are also admitted as American immigrants. Moreover, the United States also admits as refugees and individuals from countries who have not sent immigrants in the past five years under the principle of promoting diversity.

Canada has one of the most extensive immigration program in the world by offering a number of options, including skilled worker, investor, trade worker, family sponsorship and Canadian experience. In Canada, immigration law is embodied under the Immigration and Refugee Protection Act. The federal, provincial and territorial governments of Canada share jurisdiction over immigration issues.

Immigration in Australia is governed by the Migration Act and the Migration Regulations. Like the United States and Canada, Australia offers variety of visas for skilled workers. Australia also offers visas to refugees and asylum seekers although most of these visas have time expiration and grants limited rights to applicants.

Applying for immigrant status in the United States, Canada and Australia is a complicated, tedious, lengthy, and expensive process. It is filled with paperwork and the applicant must comply with numerous requirements before an application is granted. In the United States alone, application for immigrant status under the principle of family reunification must meet age and financial status requirements. Add to that the fact that the number of family preference visas, one of the two visas granted under the principle of family reunification, varies each year depending on the number of visas issued the prior year. Moreover, Congress also set a per-country ceiling under which permanent immigrants from one country cannot exceed 7% of the total amount of applicants for the same year. This means that a visa application can be automatically denied when that application is already past the limit set by Congress for the year.

One of the foremost issues accompanying immigration law is deportation. In order to avoid deportation, one must apply for immigrant status legally by filling out the proper forms, complying with the requirements, and paying the required fees. Deportation can lead to loss of employment, embarrassment, imprisonment, or bankruptcy. It is thus imperative to contact an expert immigration law attorney to apprise you of current immigration laws and procedures so that the money used for application would be well-spent.

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