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... 100.00 364 2.6 (a ) (4 ) Filing a Request for a Six Month Extension of Time for Filing a Statement of Use under 1 (d ) (1 ) per class 100.00 365 2.6 (a ) (5 ) Application for renewal, per class 300.00 366 2.6 (a ) (6 ) Additional fee for late renewal, per class 100.00 367 2.6 (a ) (7 ) Publication of mark under 12 (c ), per class 100.00 368 2.6 (a ) (8 ) Issuing new certificate of registration 100.00 369 2.6 (a ) (9 ) Certificate of Correction 100.00 370 2.6 (a ) (10) Filing disclaimer to registration 100.00 371 2.6 (a ) (11) Filing amendment to registration 100.00 372 2.6 (a ) (12) Filing 8 affidavit, per class 100.00 373 2.6 (a ) (13) Filing 15 affidavit, per class 100.00 374 2.6 (a ) (14) Filing combined sec. 8 and 15 affidavit, per class 200.00 375 2.6 (a ) (15) Petition to the Commissioner 100.00 376 2.6 (a ) (16) Petition for cancellation, per class 200.00 377 2.6 (a ) (17) Notice of opposition, per class 200.00 378 2.6 (a ) (18) Ex parte appeal, per class 200.00 379 2.6 (a ) (19) Dividing an application, per new application (file wrapper) created 100.00 Trademark Service Fees 461 2.6 (b ) (1 ) (i ) Printed copy of each registered mark, regular service $ 3.00 462 2.6 (b ) ( ...

... in; however, the underwriter never called to ask what coinsurance percentage we wanted. They also never asked if we wanted agreed amount' on the policy since nothing at all was requested on the application. The underwriter was aware of the need for higher limits because he was the one that we'd gone to for a price on increased limits and they'd turned it down. Of the $450,000 installation loss, the 80% coinsurance clause has only allowed $25,000 of the claim to be paid. Our insured obviously isn't happy. We've made every effort to get the insurance company to stand by the coverage we wanted and the coverage we bound on July 1, 2001. We're in the process of having the insured file a declaratory action against the insurer with a couple of affidavits from our agency about what we'd requested and bound. Any suggestions? ' I ran this by our faculty, who agreed that the first step is to get your E&O carrier involved. Although it might not look like the agency is a candidate for a lawsuit, don't be surprised if the insured is advised by counsel to include the agency in any suit against the carrier, and/or to sue the agency if any suit against the carrier is unsuccessful. In addition, if you're assisting the insured in filing a declaratory action against the insurer, a suit from the carrier might not be out of the realm of possibility. Your E&O insurer probably has experience with these types of situations and might be able to head off any adverse legal proceedings. Here are some ...

... is particularly true when two parties have begun use of the same or similar marks without knowledge of one another and neither has a federal registration. Only a court can render a decision about the right to use, such as issuing an injunction or awarding damages for infringement. It should be noted that a federal registration can provide significant advantages to a party involved in a court proceeding. The PTO cannot provide advice concerning rights in a mark; only a private attorney can. Unlike copyrights or patents, trademark rights can last indefinitely if the owner continues to use the mark or identify its goods or services. The term of a federal trademark registration is 10 years, with 10-year renewal terms. However, between the fifth and sixth year after the date of initial registration, the registrant must file an affidavit setting forth certain information to keep the registration alive. If no affidavit is filed, the registration is canceled. Types of Applications for Federal Registration An applicant may apply for federal registration in three principle ways: An applicant who has already commenced using a mark in commerce may file based on that (a use application) . An applicant who has not yet used the mark may apply based on a bona fide intention to use the mark in commerce (an intent-to-use application) . For the purpose of obtaining federal registration, commerce means all commerce that may lawfully be regulated by the U.S. Congress-for example, interstate commerce or commerce between the United States and another country. The use in commerce must be a bona fide use in the ordinary course of trade, and not made merely to reserve ...

...registrations, Section 8 and 15 Affidavits should be filed between the fifth a...

...st the insurer with a couple of affidavits from our agency about what we’d req...

... is particularly true when two parties have begun use of the same or similar marks without knowledge of one another and neither has a federal registration. Only a court can render a decision about the right to use, such as issuing an injunction or awarding damages for infringement. It should be noted that a federal registration can provide significant advantages to a party involved in a court proceeding. The PTO cannot provide advice concerning rights in a mark; only a private attorney can. Unlike copyrights or patents, trademark rights can last indefinitely if the owner continues to use the mark or identify its goods or services. The term of a federal trademark registration is 10 years, with 10-year renewal terms. However, between the fifth and sixth year after the date of initial registration, the registrant must file an affidavit setting forth certain information to keep the registration alive. If no affidavit is filed, the registration is canceled. Types of Applications for Federal Registration An applicant may apply for federal registration in three principle ways: An applicant who has already commenced using a mark in commerce may file based on that (a use application) . An applicant who has not yet used the mark may apply based on a bona fide intention to use the mark in commerce (an intent-to-use application) . For the purpose of obtaining federal registration, commerce means all commerce that may lawfully be regulated by the U.S. Congress-for example, interstate commerce or commerce between the United States and another country. The use in commerce must be a bona fide use in the ordinary course of trade, and not made merely to reserve ...

... UM limits of only $35,000. The nurse's estate sued the insurance agency, contending that the Uninsured/Underinsured coverage should have been $500,000 and that the agent was negligent in not providing it. Each policy year, the client had been advised that the limits for Uninsured/Underinsured Motorist coverage would be equal to that of Liability coverage unless he chose a lower option. His priorities were to maintain high Liability limits but to keep premium costs down. He reasoned that his employees were covered by Workers' Comp while operating the ambulance, so they wouldn't need the added protection of higher UM coverage. When renewal time came, the client selected the lesser UM coverage and executed the appropriate waivers as required by state law. The testimony of the client, together with an affidavit executed by the agent, persuaded the third-party plaintiff that the waiver was a knowing and intelligent waiver. The agent was dismissed by way of an agreed order with minimal defense costs. In this case, good documentation was key to a good defense. Don't take Uninsured Motorist coverage for granted. Do the right thing: Provide your clients with the coverage they need and defend yourself against E&O claims. Your customers are looking to you for expert advice-don't disappoint them! This article is reprinted with permission from the Utica National Insurance Co. s E&O Bulletin. Curtis Pearsall, CPCU, AU, ARM, AIAF is vice president, E&O , Utica National Insurance Group. Login or Register (for FREE) to gain access to thousands of other great articles. Need more reasons ...

... a pending application to use these designations. The claim may or may not be valid. The registration symbol may be used only when the mark is registered in the PTO. It's improper to use this symbol at any point before the registration issues. Please omit all symbols from the mark in the drawing you submit with your application; the symbols are not considered part of the mark. Information Numbers General Trademark or Patent Information (703) 308-HELP Automated (Recorded) General Trademark or Patent Information (703) 557-INFO Automated Line for Status Information on Trademark Applications (703) 305-9723 Additional Status Information (703) 308-9400 Assignment & Certification Branch (Assignments, Changes of Name, and Certified Copies of Applications and Registrations) Trademark Assistance Center (703) 308-9000 Information Regarding Renewals [Sec. 9] Affidavits of Use [Sec. 8], Incontestability [Sec. 15], or Correcting a Mistake on Registration (703) 308-9500 Trademark Trial and Appeal Board (703) 308-9300 Assistant Commissioner for Trademarks (703) 308-8900 &# 160 The Registration Process Filing Date/Filing Receipt The PTO is responsible for the federal registration of trademarks. When an application is received, the PTO reviews it to determine whether it meets the minimum requirements for receiving a filing date. If the application meets the filing requirements, the PTO assigns it a serial number and sends the applicant a receipt about two months after filing. If the minimum requirements are not met, the entire mailing, including the filing fee, is returned to the applicant. Examination About four months after filing, an examining attorney at ...

... UM limits of only $35,000. The nurse's estate sued the insurance agency, contending that the Uninsured/Underinsured coverage should have been $500,000 and that the agent was negligent in not providing it. Each policy year, the client had been advised that the limits for Uninsured/Underinsured Motorist coverage would be equal to that of Liability coverage unless he chose a lower option. His priorities were to maintain high Liability limits but to keep premium costs down. He reasoned that his employees were covered by Workers' Comp while operating the ambulance, so they wouldn't need the added protection of higher UM coverage. When renewal time came, the client selected the lesser UM coverage and executed the appropriate waivers as required by state law. The testimony of the client, together with an affidavit executed by the agent, persuaded the third-party plaintiff that the waiver was a knowing and intelligent waiver. The agent was dismissed by way of an agreed order with minimal defense costs. In this case, good documentation was key to a good defense. Don't take Uninsured Motorist coverage for granted. Do the right thing: Provide your clients with the coverage they need and defend yourself against E&O claims. Your customers are looking to you for expert advice-don't disappoint them! This article is reprinted with permission from the Utica National Insurance Co. s E&O Bulletin. Curtis Pearsall, CPCU, AU, ARM, AIAF is vice president, E&O , Utica National Insurance Group. Login or Register (for FREE) to gain access to thousands of other great articles. Need more reasons ...

...ion Regarding Renewals [Sec. 9] Affidavits of Use [Sec. 8], Incontestability ...