.:Interletssa:.

I. INTRODUCTION

A benefit of the international treaties and laws regulating trademark registrations is the flexibility they provide. In the same vein, it may be hard for a non expert to determine which of the filing alternatives are best suited for their business objectives in terms of timing, likelihood of obtaining trademark registrations, and cost. I provide below an example of the decisional parameters and process based upon some hypothetical trademarks for a hypothetical product.

Assume you want to brand a new animal food product in one goods classification. You have a set of countries in which you hope to do business, and some tentative choices for the trademark for the new product. The target countries, are: U.S., Mexico, Argentina, Chile, Brazil, Ecuador, Venezuela, Columbia Italy, Spain, Greece, Germany China, India, Taiwan, Thailand, Malaysia, and Singapore. The tentative trademark is one or more of the following: AnimalFood, Bird2Eat and ChuppK.

First note that AnimalFood, Bird2Eat and ChuppK range from merely descriptive of the product (”AnimalFood”) to arbitrary (”ChuppK”). Generally speaking, the chance of obtaining a registered trademark for an arbitrary mark is much higher than for a merely descriptive mark.

II. ALTERNATIVE FILING MECHANISMS

As to the filing mechanisms, the options include direct national filings, Paris Convention priority, Madrid Protocol, and Community TradeMark (CTM) for European countries.

I would not file under the Madrid Protocol for two main reasons. First, eleven of the eighteen countries are not members of the Madrid Protocol. Second, for the first five years after filing an international registration (aka Madrid), the international registration is dependent on the basic application (filed, for example, in the U.S.). This means that, during the first five years of the life of the international registration, if the U.S. basic application or registration is refused, withdrawn, cancelled or restricted, in whole or in part, then the international application will be restricted or cancelled to the same extent as the basic application. Of course, whether to use Madrid depends in part on the likelihood of problems with the basic application. In addition, following publication of the basic application, there may be a third party challenge, adding uncertainty of obtaining foreign registration based upon the basic U.S. application. In our example, it is very likely that AnimalFood would not issue in the US, there is a chance that Bird2Eat, would not issue in the U.S., and there is a lesser chance that ChuppK would not issue in the U.S.

I would file a U.S. application, and then claim the Paris priority right to that application in subsequent foreign filings for the same mark. Paris provides for a priority claim without being dependent upon issuance of the U.S. application. It would also defer filing the foreign marks by six months from the date of the U.S. filing, which would provide for six additional months to decide the other countries in which to file the mark, and for which mark or marks to file. Another option would be further deferring filings in certain countries beyond six months from the U.S. filing date, thereby abandoning the Paris priority, until finally deciding in which countries the new product is to be sold.

In most filing scenarios, I would file a CTM application instead of a national application for the several desired European countries. The benefit of the CTM is that it covers all EU countries for a cost not more than that of prosecuting 3 or 4 national trademark applications. In this example, a CTM application would cover Italy, Spain, Greece, and Germany as well as all other EU countries (at an approximate cost $6000 for filing, prosecution, and issuance).

III. ESTIMATES OF SUCCESS, COSTS

As to likelihood of success, costs, and timing, here are my estimates for each mark and each country, as of this year, 2007.

AnimalFood

In the U.S., I would estimate the likelihood of success as being less than 20 percent (because the mark would be rejected as merely descriptive). The estimated U.S. cost for prosecution is $2500: $275 USPTO charges, $500 firm docketing fees (add $400 if mark not in use at time of filing); miscellaneous processing fees – mostly due to responding to office actions – roughly $1500 due to anticipated office actions. This assumes no appeal and no third party challenge. The estimated prosecution time is 1-2 years, depending primarily on the promptness of responses to USPTO communications.

The chance of success in non English language countries would be higher for “AnimalFood” since that concatenation of English words may not be as descriptive of the product in the foreign language; this issue depends in part upon how prevalent English is in any particular country.

Foreign national trademark applications take about 1-3 years to prosecute to issuance. Total costs (which includes costs for government fees, attorney fees, and our foreign agent’s fees) including issuance run $2000-$4000 per country, again assuming no adverse decisions, appeals, or third party challenges.

Thus, the total costs for prosecuting “AnimalFood” in the U.S. and the 17 listed foreign countries, over the next 3 years, would be about $50,000, which includes a lower cost per application for the European marks due to the CTM filing and assumes no appeal or third party challenge. For budgeting purposes, assume half of those costs will be incurred in the first few months of filing due to the docketing and filing costs and fees.

Keep in mind that a registered U.S. trademark requires post-issuance action to maintain the mark’s rights. These include filings showing actual use in commerce and an optional filing of an affidavit of incontestibility five years after registration; and filings showing use in commerce every 10 years thereafter. The costs for each such filing in today’s dollars is about $500. In addition, I would anticipate maintenance fees every 10 years to be roughly $500-$1000 in each foreign country.

Bird2Eat

In the U.S., I would estimate the likelihood of success as being roughly 50-75 percent (somewhat descriptive, but depending on circumstances surrounding mark, may be lower due to added significance of the number 2 - for example, if there are 2 key ingredients or benefits to the product). The estimated U.S. cost for prosecution is $2500: $275 USPTO charges, $500 firm docketing fees (add $400 if mark not in use at time of filing); miscellaneous processing fees – mostly due to responding to office actions – roughly $1000 due to anticipated office actions. This assumes no appeal or third party challenge. The estimated prosecution time is 1-1.5 years, depending on promptness of responses to requests for instruction.

The chance of success in non English language countries would be about 75 percent since “Bird2Eat” would not be a merely descriptive term.

ChuppK

In the U.S., I would estimate the likelihood of success as being roughly 75-90 percent (arbitrary; and a brief search found no confusingly similar marks). The estimated U.S. cost for prosecution is $1500: $275 USPTO charges, $500 firm docketing fees (add $400 if mark not in use at time of filing); miscellaneous processing fees – mostly due to responding to office actions – roughly $500 due to anticipated office actions. This assumes no appeal or third party challenge. The estimated prosecution time is 1-1.5 years, depending on promptness of responses to requests for instruction.

The chance of success in non English language countries would also be roughly 75-90 percent since “ChuppK” is arbitrary and also is unlikely to be contested.

In summary, trademark filing involves weighing numerous financial and legal options and there are several filing strategies one can take. These strategies can change based on an examiner’s adverse ruling or on a client’s budget shortfall or windfall. Each proposed international branding campaign should be reviewed up front for chance of success, costs, and timing to ensure that your client can make an informed business decision.

Bruce Margulies Attorney Email address: bmargulies at Neifeld dot com Education J.D. North Carolina Central University Managing editor, Law Review 2001 M.B.A. University of Maryland 1990 B.S. University of Maryland Baltimore County (Information Systems Management) 1987 Experience Neifeld IP Law, PC – 2002 Poe, Hoof & Reinhardt (law clerk) – 2000-2001 North Carolina Central University (patent law clerk) - 2000-2001 Maupin Taylor & Ellis PA (legal assistant) – 1999 Experience in business method patent technologies and litigation support. Admitted to practice before the Courts of the State of Maryland and the District of Columbia.

Tags :Branding, International, Trademark, Trademarks

Forex trading robots are popular, the theory is you can simply plug and go then sit back make money and let the trading system do the work for you. It’s a great idea and you can make money but you need to consider the vital points below to win.

Most forex trading robots have one vital flaw - they have never been tested real time and never actually made any profits! Forget the clever enticing advertising copy these systems will wipe your equity quickly. Look for the disclaimer below (or similar one) and you will see what I mean.

Look for This disclaimer and ignore the System!

“CFTC RULE 4.41 - Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading….Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown”.

Of course after reading this you will see why they don’t work and the odds are stacked against you. Would you trust a driving instructor who couldn’t drive? Well thousands of forex traders trust vendors who have never traded. These forex trading systems have all been tested knowing the past price history and the track record is simply a simulation on paper and I wouldn’t trust it and neither should you.

Find one With a Real Time Track Record and …

Make sure you understand how and why it works and you are confident in its ability to deliver forex trading profits longer term. If you don’t, you won’t have the discipline to follow it through periods of losses and stick with it through these periods of drawdown to make longer term gains. Keep in mind that if you don’t have the discipline to follow your currency trading system - you may as well not have one!

If you want one with a great record of success long term check out Richard Donchians 4 Week Rule, we have written on this frequently and its Keep in mind the above system is free and you can use it as you wish and it has been the basis for many a successful trading system.

A Forex trading system with a real time track record doesn’t come cheap and you’re looking to pay in the region of at least $1 - 2,000 upwards in price, so the 4 Week Rule which will out perform most sold robots anyway and is a great place to start and of course it’s free.

Tip 3 - Robots are programmed by Humans!

There is this image that a robot works on its own but it can only work within the limitations of the programmer.

Humans think robots can think for themselves like some robot from Star Trek (but this is rubbish the markets have to many variables) and a forex trading system can only react not think independently. While they are programmed by humans, this doesn’t mean they can’t be successful they can - but there not perfect.

ALL Forex trading robots will lose for periods of time that’s life but this doesn’t mean to say they can’t make profits over the long term, they can but you must be patient and disciplined.

The right forex trading robot can and will make you money. Just keep in mind there not perfect and you will need to have confidence in the logic of them, to follow them to long term currency trading success.

Get the right one and follow it with discipline though and you could make a lot of money.

Tags : Currency Trading, Currency Trading System, Forex Trading Robot, Forex Trading System, Mechanical Forex Trading System

When you look back at a forex chart forex trends that last for weeks or months are easy to see but there much harder to hold in real time trading. There are huge profits to be made if you can milk the longer term trends but you must be aware of two main problems you will encounter.

Volatility within the Main Trend

When your are forex trend following you get constant pullbacks in price and you have to decide whether they are a trend change or a pullback and this is not so easy when money is on the line.

The dilemma you face is:
Where should you put your stop so that you can stay with the trend but get at least a good chunk of profit should the trend turn.

For this you should have an understanding of standard deviation of price - if you don’t know what it is - make it an essential part of your forex education.

Our view is to use trend line support and moving averages pullbacks to the 18 - 25 day moving average are normal and pullbacks to the 40 day moving average indicate a trend that might turn.

Once the trend is in motion, use the 40 day and trend line support as your stop.

Of course when the trend turns you give back a bit of profit but that’s ok - if you caught 50% of every major trend, you would be very rich.

Don’t ever try and predict when a trend might end or impose your view on the market let the market action tell you when you are wrong.

You Have to Accept Short Term Dips to Make Long Term Gains!

Many traders get excited when they get a profit and the bigger it becomes, the more excited they get - Every dip in open equity causes them emotional turmoil and they simply want to get the profit in the bank, before it gets away.

They end up snatching their profit and banking a marginal one - what happens next?

The trend continues and makes $5 10 or 15,000 and their not in yet, that’s where they thought the price was going anyway!

They just didn’t have the discipline to stay with them.

The fact is you must be disciplined and be prepared to take open equity dips - sometimes of thousands at a time, once a big trend is in motion.

This requires confidence and discipline in your forex trading strategy, an understanding of volatility and a mindset to put up with it, to seek a longer term gain.

Take a look at a forex charts and you won’t just see trends at present that yield a few hundred pips in motion, you will see ones that could give you thousands or tens of thousands and you can get these trends with the right attitude.

If you have the discipline and the mindset to succeed you can make a lot of money from long term trends - you don’t have to be perfect and you and you don’t have to be clever, just have the patience to stay with the trend, until the chart tells you that your wrong.

NEW! 2 X FREE ESSENTIAL TRADER PDFS & MUCH MORE!

Tags :Breakouts, Currency Trading, FOREX, Forex Trading, Forex Trading System, Forex Trend Following, Forex Trends

Here we will look at the best forex trading indicator for swing trading this is for trading into overbought / oversold areas within the major trend. Here we will look at how to do this, with the stochastic indicator and show you a simple powerful method for big profits.

Swing trading is easy to do, logical and easy to understand and can be very effective. The stochastic indicator combined with valid support and resistance gives you a robust simple strategy you can learn quickly than can be highly effective in making big forex profits so here it is.

An Introduction

George Lane developed the stochastic indicator which was based on the premise that in an up-trend, prices tend to close near their highs and of course in a down-trend the reverse occurs, prices tend to close near their lows.

This simple logic is the basis of the stochastic indicator but despite its simplicity it’s a powerful tool.

The stochastic should our view be used in association with areas of support and resistance and be used to enter positions when price momentum wanes in an uptrend below resistance and strengthens in a down trend above resistance.

The Mathematics

If you are technically minded, the stochastic calculation is outlined below. If you are not don’t worry, as most major chart services plot the stochastic and you can simply see the set ups visually - here it is:

The stochastic is plotted as two lines %K, a fast line and %D, a slow line.

The %K line is more sensitive than %D

The %D line is a moving average of %K.

The %D line then triggers the trading signals.

The lines are plotted on a scale of 1 to 100.

“Trigger” lines can be drawn on stochastic charts at the 80% (overbought) and 20% (oversold) levels. A signal is then generated when the stochastic lines cross.

The Stochastic can help you enter trading signals in a number of ways and here we have outlined the 3 major ways you can use it in a swing trading strategy.

As an Overbought Oversold

When the 20% and 80% trigger lines are crossed look to do the following in terms of initiating your trading signal. Take a long position and buy when the stochastic moves below 20% and then rises above this level. On the other hand take a short position and sell, when the stochastic rises above 80% and then comes back below this level.

Stochastic Crossovers Against the Trend

This is a highly reliable signal

You can buy when the %K line rises above the %D line and sell when the %K line falls below the %D line.
The most reliable or high odds crossovers occur when the %K line intersects after the peak of the %D line.

Stochastic Divergences

Divergences between the stochastic and the underlying price trend warn that a potential price change is on the way and are a great leading indicator for your trading signals.

For example, if prices are making a series of new highs and trending upwards and the stochastic moves lower or crosses to the downside then price momentum and velocity is weakening and the reverse occurs of course in a bear market.

Why It Works

The reason it works and we consider it the best forex technical indicator for swing trading is based upon human psychology.

A long term price trend does not just go in a straight line - there are peaks and troughs along the way. Forex traders will push prices to far too quickly and prices then return back to fair value. It is these moves within long term trends, that swing traders want to catch - so by combining the stochastic with simple support and resistance is very effective.

If you are new to forex trading then swing trading with the stochastic gives you a simple method which works and the stochastic is the best forex technical indicator to use and while there are others, using the stochastic wisely, with support and resistance lines, can make big consistent profits.

NEW! 2 X ESSSENTIAL FOREX PDFS PDF

Tags :Best Forex Trading Indicator, Currency Trading, Forex Charts, George Lane, Stochastic, Swing Trading, Techncial Analysis

The 80 / 20 rule will help you make money in forex trading and if you are new to forex trading or trading already and not making enough money this forex trading tip is for you.

The 80 / 20 rule is simple.

It simply states that:

80% of your success comes from 20% of your efforts.

Let’s take a simple example of a sales organization.

It’s well known that 80% of the income normally comes from 20% of the clients.

In trading terms therefore: 80% of your profits come from 20% of your trades and the rest (80%) give you just 20% of your profits.

If you think about the 80 / 20 rule, you can apply it to many areas of life and try applying it to your forex trading and you will see it makes sense.

So what should you do?

Cut your trading frequency!

It’s a well known fact that most forex traders try to hard, they think they need to trade a lot or always be in the market to win.

What happens?

They take low odds trades and lose. Keep these two points in mind:

- Unlike most activities you don’t get paid for effort in forex trading you get paid for being right with your trading signal and that’s it.

- The amount of trades is NOT In any way related to your profit potential.

To give you an example - I know traders who trade less than once a month yet make 100% + annualized gains!

The fact is most short term volatility in forex trading is random. This means you can’t get the odds on your side and you won’t win. Ever wonder why you never see a winning day trader or forex scalper?

Well, the reason is they trade to much and trade low odds or trades and this means an erosion and eventual wipeout of equity.

If you trade longer term, your chances of success with your forex trading system will be more because you are focusing on high odds trades.

If you really want to win, use the 80 / 20 rule and get the odds in your favor.

Try trading long term high odds trades and trade valid breakouts to new highs and lows (most major moves start from them), be selective and follow the market action and lock into these big breaks and follow the big trends that develop.

The 80 / 20 rule is logical in life and in the forex market and if you understand it, you can make big gains.

Many people like trading frequently - but their just playing a game and not interested in making money, it’s a thrill seeking exercise - personally I would rather go Scuba Diving!

If you believe forex trading is all about making money and NOTHING else, then you will see how you can use the 80 / 20 rule to your advantage.

Think about the above and using it in your forex trading strategy and you maybe glad you did!

NEW! 2 X ESSSENTIAL FOREX PDFS PDF

Tags : 80 / 20 Rule, Currency Trading, Forex Profits, Forex Trading, Forex Trading System, Forex Trading Tip

In the past, many brand owners, both small as well as corporate sometimes did not consider much the immense importance of protecting someone’s brand overseas. The simple key should be “IP strategy”. If a strategic decision has been taken to go and expand the business and open new locations, one of the first things that should be done is to protect your brand. It has happened in the past that brand owners, went overseas, spent money on finding a local distributor, in opening new businesses and then discovered that their mark cannot be protected or has limited protection, when for example someone else has filed for a trademark first, and gained enough goodwill to bar their current application. Therefore, the importance of registering a trademark while planning ahead cannot be over rated.

When filing for a trademark in Israel, one should be aware that Israeli Law currently operates differently than the US trademark Law, whereas in Israel operates on a Mono-Class system , as opposed to the Multi-Class system that operates under US trademark Law.

A mono-class system means that when filing for one trademark in several classes, applicant will have to file several applications for the same trademark. On the financial aspect, this usually will mean that a bigger budget will be needed as each class is considered as one new application, and on the procedural aspect, each application will be allocated a different serial number, sometimes a different filing date and many times be examined separately.

Although one cannot generalize on all legal practitioners, some, do offer a reduced fee when filing for one trademark in different classes.

One more fact, applicant should be aware of, is that Israel is a member of the Paris Convention, by which any applicant who filed an application on an another member state, may file for the same application in Israel provided that the filed application be on the same class number, the same list of goods and/or services, for the same mark and that the Israeli application was filed within 6 months from the earlier priority date. This will allow the applicant to file the trademark in Israel claiming priority on the previously filed application date.

More factors need to be considered when filing for a trademark in Israel and it will be further detailed on the following article, published on this subject.

Although the data provided on this article should be error free and accurate, it can under no circumstances be considered as a legal advice and one should contact a lawyer on a case-by case advice.

Adv. Naim manages the Trademark Deprtment at the law firm of Daniel Freimann & Co., one of the oldest law firms in Israel specializing in intellectual property and internet law. Our firm serves its clients on proceedings in front of the Regsitrar of Patents, Designs and Trademarks as well as in front of courts on all instances

Tags :  Attorney, Filing, Intellectual Property, Ip, Israel, Lawyer, Trademarks