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2006/kudoadstore/Imageskudoad/linkad10760x500.gif2006/ImagesPersonOfTheWeek/00coverofpow108w.jpg NEWS The Patent Trademark Office
01. The Trick Pony
02. Monetizing the ®™
03. Duration of ®™
04. Infringement & Exclusions
05. GoogleKudoAd

"Finding The Trick Pony"
The Secrets of Monetizing the

Certified USPTO ServiceMark Symbol ® / ™ / ©






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A SPRING ISSUE - MAY - tviNews Events - Service Marks ®™©

NBS100's FTC STUDY - Red Flag Rules - 2007 to 2010
"ID Theft Prevention" - for the Goods, Products & Services
Provided by the Wireless Telephone®™© Industry" • Since -1902.
MAY TVInewsWeek - 18 19 20 21 22nd /smart90.com/2008/may
"Finding The Trick Pony" to Monetize the Certified USPTO Symbol ® / ™ / ©
What is the U.S. Patent and Trademark Office . . . for ?

• 02. More About
03. More Story
Related Stories

Service Marks ®™©

® / ™ / ©

PatenTOfficeLogo108w.jpg1. Feature Story / Service Marks ®™©
• "Finding The Trick Pony" to Monetize the Certified USPTO ®, ™, and ServiceMark Symbols ®™©.
• What's the U.S. Patent and Trademark Office . . . for ?
•••The PTO or USPTO is the acronym for the government agency assigned to the U.S. Department of Commerce. The USPTO acts not only as a fiduciary agent for Congress and other government agencies, but for the inventor and other individuals granted Marks pertaining to patents, trademarks, and to the copyrightable effects and elements arising therefrom.
•••"A federally registered mark is presumed valid." The PTO;s mission is to oversee and implement those certain federal laws relating to valid patents, trademarks, and service rights, they've became signatory.
•••By law, when a Patent, Trademark, and/or a Servicemark is granted to an individual, it is considered to be a Certified NOTICE. This Notice of ownership gives everyone living and doing business in the U.S.A. -- to take Notice of propriety.
••• This Notice is also applied to anywhere else in the world where the U.S. has a Treaty or International Bureau, i.e., the Berne or Geneva Convention. It is presumed those signatory members are aware about your use and ownership of the invention, copyright and/or trademark and the meaning of the Mark, ® / ™ / ©. MORE ABOUT SERVICE MARKS
•••Therefore, if someone in a distant state uses your NOTICED name on goods, products or services that are similar to yours, that person or individual cannot defend against your infringement suit, by saying that he/she did not know about you. (There's no excuse for ignorance of the law).
•••Although it is not required to do so, when once registered, it's a good idea to utilize one of the following Service Mark symbols ® / ™ / © . . . when your name becomes close to becoming a generic term like: a xerox copy or my wireless telephone, my Sprint cell phone, or "to Googlize."
Part 02 / MONETIZING THE CERTIFIED MARK ® / ™ / © Using the Trick Pony - "The EFFECTS."
••••As you'll soon discover, IT SHOULD BE NOTED, that a patent is a limited property right offered by the government to inventors. That means -- in exchange for the GRANT and rights for protection, you're agreeing to share the details of your invention, discovery, and copyrights with the common public, (drawings and all).
•••As for the EFFECTS, as well as any/and all by-products, gained from registered patents, including trademarks and copyrights -- they can be extended for as long as they are improved, even by other Patents.
••For Example: Take the Service Marks of Google®, Yahoo®, and the 100 year old organizations of Edison, Bell, the NBS 1907 Wireless Telephone®™ and the Bayer® organizations. They have taken the effects of their respective search engines, electromagnetic RF spectrums, and Aspirin pills -- to great lengths.
•••Some of these organizations have not only monetized their respective companies by issuing paper certificates represented by stocks, bonds, notes, deeds, and licenses, listed on various STOCK EXCHANGES, but have licensed others to use the Effects of their ® / ™ / © -- as a commodity.
•••The Wireless Telephone®™ Effects, include over one billion WiTEL phone numbers. Numbers, IP addresses and Call Letters are used to identify a few of the 300-billion invisible RF-spectrums utilized for look-listen-text WiTEL broadcasting purposes. In the U.S. -- the RF-spectrums are licensed by the FCC to the highest TeleCom bidder.
•••Recent FCC auctions have produced over $60-Billion in revenue deposits into the U.S. Treasury. Once the sale is consummated, each spectrum is assigned one of the effects ("the phone number") -- created by the NBS Wireless Telephone®™© legacy of assets. The WiTEL operator then publishes this NBS copyrightable WiTEL "phone number" to identify the user/or owner of the physical WiTEL cell or iPhone unit.
•••WiFi and WiMax antenna networks are necessary to transmit and distribute Voice, Audio, Text and Signals, (VATS). Each WiFi, WiMAX routing unit, like Radio and TV stations are assigned ID numbers sometimes referred to as: Mac or IP adresses. CLICK FOR MORE FREE USE OF THE 1908 YEAR OLD NBS ISBN ® / ™ / ©.
•••Imagine-- one hundred years after the Bayer aspirin discovery, think of the many trademark and copyright improvements over the original. The billions of Bayer pills sold to users around the world are still selling the same effects of the Bayer brand to bleach headaches.
As for Google and Yahoo . . . they just got started with their "Trick Ponies."
•••Say for example: there is a NEW improved patent granted to an individual that is an improvement over Five other patents . . . PLUS the original invention. The Five-PLUS inventions will not only be covered under the NEW improved patent, but will be extended by the inherent right of Exclusionary principles . . . . of sharing the NEW improved version of making use of the NEW invention with the prior . . . Five, PLUS the original inventors. (See Below Infringements).
• Like Other Property Rights i.e., Dot-Com web pages
Drug products, a search engine, patents, trademarks, copyrights, and even their effects, can be licensed, sold, mortgaged, transferred, assigned, abandoned or given away FREE . . . i.e., in exchange for RadioPlay, WebPlay, and double click advertising.
•••• "Knowing the principle factors and strategies on how to control and sell the EFECTS of property rights, ® / ™ / © -- is more important than holding the physical property itself," say those experts on the NBS100 Study panel.
•••This is especially true if the personal property is an original trademark, copyright or patent that has a long list of by-products.
NBSPatent02AutoDraw108w.jpgPart 03 / DURATION AND TERM OF ® / ™ / © - •••The duration of a patent is 20 years; a trademark registration with the U.S. Patent and Trademark Office is unlimited provided that the mark is continually used, unless seized by an Act of Congress for due $$ consideration.
•••Bayer had its U.S. Assets including its rights to manufacture, name and ™ confiscated by the U.S. -- as part of Germany's reparations after WWI.
•••Copyrights have been internationally standardized, lasting between fifty to a hundred years from the creator's death; or for a definite period, if inherited or created by and for anonymous or corporate reasoning.
•••The development of digital media and Internet technologies have prompted reinterpretation of these exceptions, introducing new difficulties in enforcing copyright, which in turn, have inspired additional challenges to copyright law's philosophic basis.
•••Simultaneously, media businesses with great economic dependence upon music/movie video copyright have advocated the extension and expansion of their copyrights. If an existing copyright is re-published in a White Paper form, translated, or in the case of black and white movies, films that have been colorized, it becomes a new published work, and is automatic extended.
•••• The Effects of patents differ from one country to another. For instance, the patent right in the United States covers research, but excludes "purely philosophical" thought in nature and effect.
• The USPTO Guide Book of 1905 - Regarding U.S. Patents and Trademark.
•••It was a just a few key words, and three WiFi-187 drawings -- that cinched the first original, one and only Wireless Telephone™ Patent - 1908.
•••" 'Their wireless applications are just thoughts'. That was just the phrase the PTO examiners wanted to hear from inventor, Nathan Stubblefield, during his private wireless telephone voice broadcast demonstration, at the Washington, D.C. facilities, in 1907.
••• The apparatus with a loop antenna on top, was his 'Trick Pony' to put the ®™ after his wireless telephone," says Josie Cory, publisher and co-author of the; 'Smart Daaf Boys.'
•••Within the first paragraph on Page One of his patent887 reads: "Be it known that I, NBS . . . have invented a new and useful Wireless Telephone . . ." Page Three, paragraph 4 include the key words; 'electrically transmitting and receiving signals' / 'from one point to another . . . ' / "using aerial coils which stretches within the field of action . . ." / CLICK FOR MORE TM887 STORY
•••Generally, a copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions. Some jurisdictions have required formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration, just the symbol ©.
•••The granting of patents, trademarks and copyrights, provide the right of excluding others (mostly competitors) from making, using, offering for sale, selling, or importing the patented invention for the term of the patent, trademark or copyright without your permission. Generally the term of each, starts from the very date of filing, not the granting date.
•••The law firm of Portz & Portz, of Houston, says that, "a United States patent is infringed by any creation of the invention. Even making a progression towards development of a new invention, can also become a subject of any patent."
•••• A patent grant that has caused many problems for the U.S. inventor, is the patent granted for an invention . . . that is an improvement over a prior patent, PLUS the original invention. Not only does the improvement extend the prior patents use, it become subject to, the prior patent(s).
•••• Australian patent law is more liberal. It allows enterprising people to build and improve on top of an already patented invention, just by cutting out exceptions from infringement . . . for those researchers on the invention.
/ImagesNBS100/uscat5witelogo108w.jpg•••• Since a patent right is an exclusionary right, it does not necessarily allow the patent owner the right of exploiting the patent as to his wishes, especially if it's a viable invention based on an item, and its effects -- that could be used for mass destruction. If used in a declared War, the patent could be confiscated for War reparations. CLICK FOR STORY - THE NBS1908 RF personal property seizure.
•••• Another instance that causes problems for the trained medical doctor-, CPA-, or attorney-at-law- inventor is: the patent, does not grant the owner the right to practice medicine, accounting or law, without a academia diploma or a license to practice.
More About Trademarks or Servicemarks?
•••• A servicemark is the same as a trademark except that it identifies and distinguishes the source of a Service rather than a Product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.
•••• Trademark or Servicemark rights may be used to prevent others from using a confusingly similar names or service, such as WiTEL phone numbers assigned to identify RF spectrums.
•••• In some countries, notably the United States, a trademark used to identify a service rather than a product is called a service mark or servicemark.[1] When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used (the same symbol is used to mark registered trademarks). Before it is registered, it is common practice (but has no legal standing) to use the service mark symbol ? (a superscript "SM").
•••• A service mark differs from a trademark in that the mark is used on the advertising of the service rather than on the packaging or delivery of the service, since there is generally no "package" to place the mark on, which is the practice for trademarks.
•••• Transportation carriers would paint their service marks on their vehicles, such as on planes or buses. Personal service providers would put their service marks on their delivery vehicles, such as on the trucks of plumbers or on moving vans.
•••• However, if the service deals with communications, it is possible to use a service mark consisting of a sound (a sound mark) in the process of delivering the service. This has been done in the case of AT&T, which uses a tone sound followed by a woman speaking the company's name to identify its long distance service, and MGM has used the sound of a lion's roar for its motion pictures.
•••• Under U.S. law, service marks have a different standard of use in order to count as a use in commerce, which is necessary to complete registration and to stop infringement by competitors. A trademark normally needs to be used on or directly in association with the sale of goods, such as on a store display.
•••• As services are not defined by a concrete product, use of a service mark in advertisements is instead accepted as a use in commerce.
•••Trademarks include words and short phrases used by organizations to identify themselves and their products and services. Often, these names are written in several different ways with variations in capitalization, punctuation, and presentation.
•••When deciding how to format a trademark, editors should choose among styles already in use (not invent new ones) and choose the style that most closely resembles standard English, regardless of the preference of the trademark owner.
•••This practice helps ensure consistency in language and avoids drawing undue attention to some subjects rather than others. Listed below are more specific recommendations for frequently occurring nonstandard formats. MORE ABOUT SERVICEmarks / SEE Wikipedia:Manual of Style (TRADEmarks).
What Is a Copyright?
•••• Copyright is a form of protection provided to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
•••• The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of the original Wireless Telephone®™© could be copyrighted, but this would only prevent others from copying the description. It should be understood that it not prevent others from writing a description of their own about the WiTEL units or from making and using the unit. Copyrights are registered by the Copyright Office of the Library of Congress.

5. NBS100 Review WiFi / Land-lines
NBS100 TeleComunication Study - Regulatory Frequency Seizure

Study of FCC
Gov. Control
Legal Opinions
The Movie

More Articles • Converging News 2008 / TeleCom BuyOuts, Spinoffs and Asset Seizure Boom

Respectfully Submitted
Josie Cory
Publisher/Editor TVI Magazine
 TVI Magazine, tviNews.net, YES90, Your Easy Search, Associated Press, Reuters, BBC, LA Times, NY Times, VRA's D-Diaries, Industry Press Releases, They Said It and SmartSearch were used in compiling and ascertaining this Yes90 news report.
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