Updated January 6, 2024
Personal Information We Collect from You:
1) Information You Provide: Any information you submit through the use of our Website or that you give us in any way (“Personal Information”). Such information includes, but is not limited to, name, email address, phone number, company name, company phone number. For example: We may collect information from you if you elect to “opt-in” to receive one of our offers in exchange for your personal information, to subscribe to our email and mailing lists, or to contact us. We may also collect information you share with us on our social media pages, comments, likes, photographs, blogs, or on any online forum currently available or made available in the future. We may also collect financial information you provide to us, including your debit or credit card number and any related billing information (“Billing Information”). We collect this information solely to process payment for the purchase of any product or service we offer that you have requested to purchase and do not retain it any longer than necessary. By submitting this information, you allow us to provide this information to our authorized third-party service providers as necessary to support and process your transactions as well as your credit card issuer/bank institution for that purpose. We may also collect other Personal Information and data when necessary.
3) From Your Mobile Device: Should you consent, [list out what you collect: we may collect your name, telephone number, etc. to communicate with you. We may send SMS messages or push notifications to your mobile telephone to respond to your communications, for authentication and security purposes, etc. We may retain these messages. This data is processed and may be retained to legitimately communicate with you. You may opt out of receiving such messages at any time or disable these functions at any time. Should you do so, your experience with our Website may be affected because the Website may not recognize you as a registered user.
4) Information from Other Sources: We may also receive information about you from other sources, such as third-party website analytic tools, which collect information about visitor traffic; log file information generated when you access or use the Website, and other metadata and in some instances, geolocation information. We may also combine that data with information we have collected.
How We Use and Share Your Information
We may use your information (including aggregate and anonymized information) in several different ways. We will always ensure there is a lawful basis for processing your Personal Information. We may use your personal information to communicate with you and provide you with your requested information regarding our Company and services/products, information regarding new features or data-related products or service offerings, and to improve your user experience with our Website.
1) We may monitor and analyze activity, metrics, and trends, and use your information to verify access to an account on the Website, to learn how the Website is used to understand what our users want Do you store access credentials? Do you use the information to make suggestions and provide a customized experience to your users? Do you use it to fix technical errors, update the Website, and other internal operations?
2) If you use third parties to assist you with functionality of website: We may employ other companies to perform functions on our behalf. These service providers may have access to personal [and business] information needed to perform their functions but are not authorized to use it for any other purposes. We do not provide any of your non-public information (such as payment information, password details, or your IP address) to third parties without your consent, unless required by law. We require all such third parties to treat your personal information in accordance with the law, and only allow them to process your personal data for specific, necessary purposes.
3) If you use information to improve the security of the website: We may use collected information to enhance the safety and security of the Website [and our other users]. In addition, we reserve the right to disclose information when we believe doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect our rights.
4) If personal information is considered a company asset: Your information may be shared as a company asset in the event of a potential sale, merger, acquisition, or other change of ownership or control. If we transfer any of your Personal Information in such circumstances, we will ensure your Personal Information and data remain protected and that the recipient of such information will comply with and be bound by the obligations of our Policy.
5) We may be required to disclose Personal Information in response to lawful requests by public authorities, including disclosures necessary to meet national security or law enforcement requirements, or pursuant to judicial orders.
How We Protect Your Information
We will use commercially reasonable efforts to effectively safeguard your Personal Information and maintain adequate security measures to protect your Personal Information from unauthorized use, dissemination, modification, or loss in accordance with state and federal laws. We will only hold your Personal Information and other data for as long as is reasonably required for the purposes for which we may lawfully use that Personal Information or data unless we need to hold your Personal Information for longer as required by law to do so.
Your Choices Regarding Your Personal Information
You have the right to opt-out of non-essential cookies, access, correct, delete, restrict, or object to use of your personal information, port your data and withdraw consents, in accordance with national and international privacy laws. We may, in our sole discretion, comply with your requests regarding access, correction, and/or deletion of personal data we store in accordance with applicable law. However, we may not be able to comply with requests to the extent that they would cause us to violate any law or infringe any other person's rights.
Notices and Modifications
We reserve the right to change the Website and the terms of this Policy at any time. The latest effective date will be highlighted at the top of the Policy. If there are any material changes to the Policy or how we will use your Personal Information, we will notify you by prominently posting a notice of such changes before they take effect or by directly sending you a notification. It is your responsibility to review any notices or modifications to this Policy.
Conditions of Use
If you choose to use the Website, your visit, use, or any dispute over privacy is subject to this Policy and our Terms and Conditions, including limitations on damages, resolution of disputes, and application of the law of the State of Ohio.
Third-Party Websites Not Covered
If you access any third-party websites via a link from our Website, you will leave the Website and will not be covered by any policies relating to our Website. We are not responsible for the content or use of your Personal Information or data by any third-party website.
Children’s Use of Our Website
Our Website is not intended for use of children under 18. We do not allow users under the age of 18 to use our Website for any reason. We do not knowingly collect, share, or store any Personal Information or other information from children under 18. If we learn we have collected or received personal information from a minor under 18, we will delete this information, and/or attempt to obtain parental consent. If you are a parent and discover that we have collected any information from a minor, please contact us at: email@example.com.
International Data Transfer
We are based in the United States and provide our [services, products] using computer systems in the United States. If you are outside the United States and [you use our services or purchase our products], your information may be transferred to and processed in the United States. We do not actively participate in the outgoing transfer of information beyond the United States.
Data Protection Rights
You are entitled to data protection rights, specifically the following:
The right to access – You have the right to request from Villalba Law Firm for copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request Villalba Law Firm correct any information you believe is inaccurate. You also have the right to request [Company Name] to complete the information you believe is incomplete.
The right to erasure – You have the right to request that Villalba Law Firm erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that Villalba Law Firm restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to Villalba Law Firm’s processing of your personal data, under certain conditions. The right to data portability – You have the right to request that Villalba Law Firm transfer the data that we have collected to another organization, or directly to you, under certain conditions. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: firstname.lastname@example.org.
How to Contact Us
If you have any concern, please email us at email@example.com or send a letter to 1329 E Kemper Rd. Suite 4100C, Cincinnati OH 45246
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“An image is not simply a trademark, a design, a slogan, or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service.” - Daniel J. Boorstin
Demystifying the Trademark Registration Process
Many times I have clients come to me who want to register their marks, but are unsure of the process of the registration. Sometimes they've gone to the USPTO or secretary of state website and see the application and think that's all that it entails. Applying for registration of a trademark is much, much more than just filling out a piece of paper. The trademark application process is extremely complex; having an attorney to navigate it ensures proper guidance and increases your chances of success. We offer a variety of trademark application services to help you with this monumental decision.
**A trademark registration gives you a legal monopoly for the use of that mark in conjunction with specific goods or services. Registration is not an across the board monopoly to prevent others from using that mark. The same marks may be registered for different goods or services, like Delta for airlines and Delta for faucets.
Ideally, before you even begin using a trademark/servicemark, you should conduct a search to discover any other marks that are out there that may be the same or similar to yours used along with your goods or services. The first search you can conduct is what we call a "knockout search," which consists of doing an initial search on your state trademark database and the USPTO database. This is just an initial search that covers the wording of a mark, and not necessarily any design elements. However, conducting a knockout search for trademarks is crucial to avoid potential conflicts and/or legal issues by identifying currently registered or pending registrations that may prevent your mark from obtaining registration, or worse, trademark infringement.
We conduct a comprehensive search by investigating not only registrations that are the same, but also similar to your mark, even in classes that may be ancillary that could cause a potential block to registration. Comprehensive searches include searching the USPTO database, state registrations, domain names, social profiles, websites and across the internet use of the mark in various iterations. The comprehensive search is then analyzed by the attorney to determine the risk level of filing the application and seeing it through to registration. Following the risk analysis, an opinion letter is drafted that shares the results and the attorney's risk assessment. By thoroughly assessing existing trademarks, you can protect your brand's integrity and ensure a smooth trademark registration process.
If you're looking at registration for a specific geographic area, then you will want to consider state trademark registration. Every state has its own process and application, and you should still conduct a search prior to filing the application.
The federal registration process is complex, requiring several steps, as well as a requirement of the mark actually being used in commerce. There are two types of applications: an in-use application for marks already in use, and intent-to-use application for marks that will be used at a later date, but an application is filed to reserve the mark. Intent-to-use applications will go through the same process with an additional step to provide a statement of use and evidence of use of the mark in the marketplace to convert the application to an in-use application.
Here is an overview of the process:
We assist you in determining the classes for your goods/services so we can conduct our knockout search, comprehensive search, and opinion letter. Trademarks are organized into various classes to separate them out for specific goods or services. For example, online educational courses fall into Class 41, whereas textbooks fall into Class 16.
You will need to provide specimens of your mark in use in conjunction with your goods/services if you're filing an in-use application initially, or are converting an intent-to-use application to an in-use application. Specimens are evidence of use of the mark in the marketplace (what consumers see), such as a website, marketing materials, merchandise labels, or packaging.
After obtaining the required information and specimens, we file the application for you. Following the filing, the USPTO will log the application into its database.
Following a waiting period that is typically 6-9 months, the application is assigned to an examining attorney. The examining attorney will conduct her/his own search of the database. The results from this search may either be clearing the mark for publication, or issuing an Office Action. Office Actions require a response from us as your attorney of record, and can be for a variety of reasons such as requiring a disclaimer, or substitute specimen (non-substantive), or for likelihood of confusion, or descriptiveness (substantive). Substantive responses require a significant amount of legal research and drafting of arguments in support of registration. If a response is not filed, then your application will be abandoned.
Once the examining attorney approves the publication, the mark will be published in the Official Gazette. Trademarks are published in the Official Gazette to provide public notice and allow interested parties to oppose the registration if they believe it may cause confusion with their own trademarks. Interested parties have 30 days to file an opposition. If an opposition is filed against a trademark application, the matter is reviewed by the Trademark Trial and Appeal Board (TTAB), which decides whether to uphold or reject the opposition based on the merits of the case. If an opposition is not filed, then the mark will proceed to registration.
If the mark proceeds to the registration process, a certificate will be sent to you as the trademark owner. You have a duty to monitor and police your mark from potential infringers. Additionally, at the 5 year and 10 year anniversaries, you must file a declaration of use of the mark in commerce to maintain your registration. After you use your mark for 5 years, your mark then becomes incontestable, meaning no one can petition to cancel your mark. It is your responsibility to continue to use the mark in the manner of your registration, as trademark protection can last in perpetuity.
Navigating the trademark registration process is a crucial step to protect your brand identity and intellectual property rights. By understanding the process, conducting thorough trademark searches, and working with experienced attorneys like us, you can gain valuable legal protection to secure your mark. There are many benefits of trademark registration, including exclusive rights to use the mark, enhanced brand recognition, and the ability to enforce trademark rights against infringers. Investing time and resources into trademark registration is an investment in the long-term success and reputation of your business.
1329 E Kemper Rd. Suite 4100C
Cincinnati, OH 45245
Licensed in Ohio
© 2024 Villalba Law Firm
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