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Basic Facts About Registering A Trademark, Part 3
BASIC FACTS ABOUT REGISTERING A TRADEMARK Part 3 of 5   FILING REQUIREMENTS Before completing an application, read the instructions carefully and study the examples provided. Errors or omissions may result in the denial of a filing date and the return of application papers, or the denial of registration and forfeiture of the filing fee. To receive a filing date, the applicant must provide the following: Filled-out application form Drawing of the mark on a separate piece of paper Required filing fee (see end of this document for fee information) Three specimens for each class of goods or services-if application is based on prior use of the mark in commerce (The specimens must show actual use of the mark with the goods or services, and may be identical or examples of three different uses showing the same mark.) 1. Written Application Form (PTO Form 1478) The application must be in English. A separate application must be filed for each mark the applicant wishes to register. For more than one version of the same mark, a separate application must be filed for each version. PTO Form 1478 may be used for a trademark or service mark application, and may be photocopied for your convenience. Here are line-by-line instructions for filing PTO Form 1478 (Trademark/Service Mark Application, Principal Register, With Declaration), as shown in Part 4: Space 1 -- The Mark Indicate the mark (for example, 'Theorytec' or 'Pinstripes and Design'). This should agree with the mark shown on the drawing page. If a discrepancy exists between the mark described in the written application and the mark displayed in the drawing, the drawing controls. Space 2 -- Classification It's not necessary to fill in this box. The PTO will determine the proper International Classification based on the identification of the goods and services in the application. However, an applicant who knows the International Class number(s) for the goods and services may place the number(s) in this box. If the PTO determines that the goods and services listed fall into more than one class, the PTO will notify the applicant during examination of the application, and the applicant will have the opportunity to pay the fees for any additional classes or to limit the goods and services to one or more classes. Space 3 -- The Owner of the Mark The name of the mark's owner must be entered in this box. If the application is not filed in the name of the mark's owner, the application will be void and the applicant will forfeit the filing fee. The owner of the mark is the party who controls the nature and quality of the goods sold, or services rendered, under the mark. The owner may be an individual, a partnership, a corporation, or an association or similar firm. If the applicant is a corporation, the applicant's name is the name under which it is incorporated. If the applicant is a partnership, the applicant's name is the name under which it is organized. Space 4 -- The Owner's Address Enter the applicant's business address. If the applicant is an individual, enter the applicant's business or home address. Space 5 -- Entity Type and Citizenship/Domicile The applicant must check the box that indicates the type of entity applying. In addition, in the blank following the box, the applicant must specify one of the following: Space 5 (a) -- for an individual, the applicant's national citizenship Space 5 (b) -- for a partnership, the names and national citizenship of the general partners and the state (if a U.S. partnership) or country (if a foreign partnership) where the partnership is organized Space 5 © -- For a corporation, the state (if a U.S. corporation) or country (if a foreign corporation) of incorporation Space 5 (d) -- for another type of entity, the nature of the entity and the state (if a U.S. entity) or country (if a foreign entity) where it is organized Space 6 -- Identification of the Goods and/or Services In this blank, the applicant must state the specific goods and services for which registration is sought and with which the applicant has actually used the mark in commerce or-in the case of an 'intent-to-use' application-has a bona fide intention to use the mark in commerce. Use clear and concise terms specifying the actual goods and services by their common commercial names. A mark can be registered only for specific goods and services. The goods and services listed will establish the scope of the applicant's rights in the relevant mark. The goods and services listed must be the applicant's actual 'goods in trade' or the actual services the applicant renders for the benefit of others. Use language that would be readily understood by the general public. For example, if the applicant intends to use the mark to identify candy, word processors, baseballs and baseball bats, travel magazines, dry cleaning services, or restaurant services, the identification should clearly and concisely list that. The applicant should not use indefinite terms, such as accessories, components, devices, equipment, food, materials, parts, or services listed by their common commercial name(s). Note that the terms used in the classification listing are generally too broad. Do not use those terms by themselves. The applicant must be very careful when identifying goods and services. Because the filing of an application establishes certain presumptions of rights as of the filing date, the application may not be amended later to add any products or services not within the scope of the identification. For example, the identification of 'clothing' could be amended to 'shirts and jackets,' which narrows the scope, but could not be amended to 'retail clothing store services,' which would change the scope. Similarly, 'physical therapy services' can't be changed to 'medical services,' because this would broaden the scope of the identification. Also, if the identification includes a trade channel limitation, deleting that limitation would broaden the scope of the identification. The identification of goods and services must not describe the mode of the mark's use, such as on labels, stationery, menus, signs, containers, or advertising. There's another place on the application, called the 'method-of-use clause,' for this kind of information. (See information below, under Space 7[a], fourth blank.) For example, in the identification of goods and services, the term 'advertising' is usually intended to identify a service rendered by advertising agencies. Moreover, 'labels,' 'menus', 'signs' and 'containers' are specific goods. Thus, if the identification indicates ' menus,' it can't be amended to 'restaurant services.' Similarly, if the goods are identified as 'containers or labels for jam,' the identification can't be amended to 'jam.' Note: If nothing appears in this blank, or if the identification does not identify any recognizable goods or services, the application will be denied a filing date and returned to the applicant. For example, if the applicant specifies the mark itself, or wording such as 'company name,' 'corporate name,' or 'company logo' and nothing else, the application will be denied a filing date and returned to the applicant. If the applicant identifies the goods and services as just 'products' or 'services' the application will be denied a filing date and returned to the applicant. Space 7 -- Basis for Filing The applicant must check at least one of the four boxes to specify a basis for filing the application. The applicant should also fill in all blanks that follow the checked box(es). Usually an application is based on either (1) use of the mark in commerce (the first box) or (2) a bona fide intention to use the mark in commerce (the second box). You may not check both the first and second box. If both boxes are checked, the PTO will not accept the application and will return it. If an applicant wishes to apply to register a mark for certain goods and services already using the mark in commerce and also for other goods and services based on future use, separate applications must be filed to separate the relevant goods and services from each other. Space 7 (a). If the applicant is using the mark in commerce in relation to all of the goods and services listed in the application, check this first box and fill in the blanks. In the first blank, specify the date the trademark was first used to identify the goods and services in a type of commerce that may be regulated by Congress. In the second blank, specify the type of commerce, specifically a type of commerce which may be regulated by Congress, in which the goods were sold or shipped, or the services were rendered. (See Part 1 for the meaning of 'use in commerce.') For example, indicate 'interstate commerce' (commerce between two or more states) or commerce between the United States and a specific foreign country-for example, 'commerce between the United States and Canada.' In the third blank, specify the date that the mark was first used anywhere to identify the goods or services specified in the application. This date will be the same as the date of first use in commerce unless the applicant made some use-for example, within a single state-before the first use in commerce. In the fourth blank, specify how the mark is placed on the goods or used with the services. This is referred to as the 'method-of-use clause' and should not be confused with the identification of the goods and services described under Space 6. For example, in relation to goods, state, 'The mark is used on labels affixed to the goods,' or 'The mark is used on containers for the goods,' whichever is accurate. In relation to services, state, 'The mark is used in advertisements for the services.' Space 7 (b). If the applicant has a bona fide intention to use the mark in commerce in relation to the goods or services specified in the application, check the second box and fill in the blank. The applicant should check this box if the mark has not been used at all or if the mark has been used on the specified goods or services only within a single state. In the blank, state how the mark is intended to be placed on the goods or used with the services. Example: For goods, state, 'The mark will be used on labels affixed to the goods,' or 'The mark will be used on containers for the goods,' whichever is accurate. For services, state, 'The mark will be used in advertisements for the services. Spaces 7 © and (d). These spaces are usually used only by applicants from foreign countries who are filing in the United States under international agreements. These applications are less common. For further information about treaty-based applications, call the trademark information number listed in Part 2, or contact a private attorney. Space 8 -- Verification and Signature The applicant must verify the truth and accuracy of the information in the application and must sign the application. The declaration in Space 8, on the back of the form, is intended for this purpose. If the application is not signed, the application will not be granted a filing date and will be returned to the applicant. If the application is not signed by an appropriate person, the application will be found void and the filing fee will be forfeited. Therefore, it's important that the proper person sign the application. If the applicant is an individual, that individual must sign. If the applicant is a partnership, a general partner must sign. If the applicant is a corporation, association, or similar organization, one of its officers must sign. An officer is a person who holds an office established in the articles of incorporation or the bylaws. Officers may not delegate this authority to non-officers. If the applicants are joint applicants, all joint applicants must sign. The person who signs the application must indicate the date signed, provide a telephone number to be used if it's necessary to contact the applicant, and clearly print or type his or her name and position. 2. The Drawing Page Every application must include a single drawing page. If there's no drawing page, the application will be denied a filing date and returned to the applicant. The PTO uses the drawing to file the mark in the PTO search records and to print the mark in the Official Gazette and on the registration. The drawing must be on pure white, durable, non-shiny paper that is 8 1/2 inches (21.59 cm) wide and 11 inches (27.94 cm) long. There must be at least a one-inch (2.54-cm) margin on the sides, top, and bottom of the page, and at least one inch between the heading and the display of the mark. At the top of the drawing must be a heading, listing on separate lines the applicant's complete name, address, goods and services specified in the application, and (in applications based on use in commerce) the date of first use of the mark and the date of first use of the mark in commerce. This heading should be typewritten. If the drawing is in special form, the heading should include a description of the mark's essential elements. The drawing of the mark should appear at the center of the page. It may be typewritten or appear in special form. If the mark includes words, numbers or letters, the applicant can usually elect to submit either a typewritten or a special-form drawing. To register a mark consisting only of words, letters, or numbers, without indicating any particular style, or design, provide a typewritten drawing. In the typewritten drawing, the mark must be typed entirely in CAPITAL LETTERS, even if the mark, as used, includes lower-case letters. Use a standard typewriter or a font in the same size and style as that of a standard typewriter. To indicate color, use color linings. The appropriate lining should appear in the area where the relevant color would appear. If the drawing is lined for color, insert a statement in the written application to indicate so-for example, 'The mark is lined for the colors red and green.' A plain black-and-white drawing is acceptable even if the mark is used in color. Most drawings do not indicate specific colors. Be careful in preparing the drawing. Although it may be possible to make some minor changes, the rules prohibit any material change to the drawing of the mark after filing. To register a word mark in the form in which it's actually used or intended to be used in commerce, or any mark including a design, submit a special-form drawing. In a special-form drawing, the mark must be no larger than 4 inches by 4 inches (10.16 by 10.16 cm). If the drawing of the mark is larger than this, the application will be denied a filing date and returned to the applicant. In addition, the drawing must appear only in black and white, with every line and letter black and clear. No color or gray is allowed. Do not combine typed matter and special form in the same drawing. The drawing in special form must be a substantially exact representation of the mark as it appears on the specimens. The applicant may apply to register any portion of a mark consisting of more than one element, provided that the mark displayed in the drawing creates a separate impression apart from other elements it appears with on the specimens. For example, it's generally possible to register a word mark by itself even though the specimen shows the word 'mark' used in combination with a design or a part of a logo. Do not include non-trademark matter in the drawing, such as informational matter that may appear on a label. In the end, the applicant must decide exactly what to register and in what form. The PTO considers the drawing 'controlling' when determining exactly what mark the application covers. 3. FEES Filing Fee The application filing fee is $245 for each class of goods or services listed. At least $245 must accompany the application. Fee increases, when necessary, usually take effect on October 1 of any given year. Please call the general information number listed in Part 2 for up-to-date fee information if filing after September 1995. The PTO receives no taxpayer funds; its operations are supported entirely from fees paid by applicants and registrants. Additional Fees Related to Intent-to-Use Applications In addition to the application filing fee, applicants who base their filing on a bona fide intention to use a mark in commerce must submit a fee of $100 for each class of goods or services in the application, when filing any of the following : Amendment to Allege Use Statement of Use Request for an extension of time to file a Statement Of Use Form of Payment All payments must be made in U.S. currency, by check, post office, money order, or certified check. Personal or business checks may be submitted. Make checks and money orders payable to the Assistant Commissioner for Trademarks. Fees are not refundable. 4. specimens required to show use of the mark in commerce When to File the Specimens If the applicant has already used the mark in commerce and bases the filing on use in commerce, he or she must submit three specimens per class showing use of the mark in commerce with the application. If, instead, the application is based on a bona fide intention to use the mark in commerce, the applicant must submit three specimens per class when filing either an Amendment to Allege Use or a Statement of Use. What to File as a Specimen The specimens must be actual samples of how the mark is being used in commerce. The specimens may be identical or examples of three different uses showing the same mark. If the mark is used on goods, examples of acceptable specimens are the tags or labels attached to the goods, containers for the goods, displays associated with the goods, or photographs of the goods showing use of the mark on the goods themselves. If it's impractical to send an actual specimen because of its size, photographs or other acceptable reproductions that show the mark on the goods or packaging for the goods must be furnished. Invoices, announcements, order forms, bills of lading, leaflets, brochures, catalogs, publicity releases, letterhead, and business cards generally are not acceptable specimens. If the mark is used for services, examples of acceptable specimens are signs, brochures, advertisements, business cards or stationery that shows the mark in connection with the services, or photographs that show the mark as used in the rendering or advertising of the services. In the case of a service mark, the specimens must either show the mark and include some clear reference to the type of services rendered under the mark in some form of advertising, or show the mark as it's used in the rendering of the service-for example, on a storefront or the side of a delivery or service truck. Specimens may not be larger than 8 1/2 inches by 11 inches (21.59 by 27.94 cm) and must be flat. Smaller specimens, such as labels, may be stapled to a sheet of paper labeled 'SPECIMENS.' A separate sheet can be used for each class. Additional Requirements for Intent-To-Use Applications An applicant who files an application based on the bona fide intention to use a mark in commerce must make use of the mark in commerce before the mark can register. After use in commerce begins, the applicant must submit: Three specimens evidencing use, as just discussed A fee of $100 per class of goods or services in the application Either (a) an Amendment to Allege Use if the application has not yet been approved for publication (use PTO Form 1579) or (b) a Statement of Use if the mark has been published and the PTO has issued a Notice of Allowance (use PTO Form 1580). If the applicant makes no use of the mark in commerce within six months of the Notice of Allowance, the applicant must file a Request for an Extension of Time to File a Statement of Use, or the application is abandoned. (Use PTO Form 1581, which is intended for this purpose only.) See the instructions and information on the back of the forms. The previous information about specimens, identifications of goods and services, and dates of use is also relevant to filing an Amendment to Allege Use or Statement of Use. Failing to file the necessary papers in proper form within the time provided may result in abandonment of the application....

Basic Facts About Registering A Trademark, Part 1
BASIC FACTS ABOUT REGISTERING A TRADEMARK Part 1 of 5   What is a Trademark? A trademark is either a word, phrase, symbol, or design, or combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet the terms 'trademark' and 'mark' are used to refer to both trademarks and service marks, whether they're word marks or other types of marks. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services. A trademark is different from a copyright or a patent. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, call the Library of Congress at (202) 707-3000. Establishing Trademark Rights Trademark rights arise from either (1) actual use of the mark, or (2) the filing of a proper application to register a mark in the Patent and Trademark Office (PTO) stating that the applicant has a bona fide intention to use the mark in commerce regulated by the U.S. Congress. (See below, under 'Types of Applications,' for a discussion of what is meant by the terms 'commerce' and 'use in commerce.') Federal registration is not required to establish rights in a mark, nor is it required to begin use of a mark. However, federal registration can secure benefits beyond the rights acquired by merely using a mark. For example, the owner of a federal registration is presumed to be the owner of the mark for the goods and services specified in the registration, and to be entitled to use the mark nationwide. There are two related but distinct types of rights in a mark: the right to register and the right to use. Generally, the first party who either uses a mark in commerce or files an application in the PTO has the ultimate right to register that mark. The PTO's authority is limited to determining the right to register. The right to use a mark can be more complicated to determine. This 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 a right in a mark. Use of a mark in promotion or advertising before the product or service is actually provided under the mark on a normal commercial scale does not qualify as use in commerce. Use of a mark in purely local commerce within a state also fails to qualify as use in commerce. If an applicant files based on a bona fide intention to use in commerce, the applicant will have to use the mark in commerce and submit an allegation of use to the PTO before the PTO will register the mark (see Part 3). Additionally, under certain international agreements, an applicant from outside the United States may file in the United States based on an application or registration in another country. For information regarding applications based on international agreements, please call the information number provided in Part 2. A U.S. registration provides protection only in the United States and its territories. If the owner of a mark wishes to protect a mark in other countries, the owner must seek protection in each country separately under the relevant laws. The PTO cannot provide information or advice concerning protection in other countries. Interested parties may inquire directly in the relevant country, in its U.S. offices, or through an attorney. Who May File an Application? The application must be filed in the name of the owner of the mark-usually an individual, corporation, or partnership. The owner of a mark controls the nature and quality of the goods or services identified by the mark. See below in the line-by-line instructions for information about who must sign the application and other papers. The owner may submit and prosecute its own application for registration, or may be represented by an attorney. The PTO cannot help select an attorney. Foreign Applicants Applicants not living in the United States must designate in writing the name and address of a domestic representative-a person residing in the United States 'upon whom notices of process may be served for proceedings affecting the mark.' The applicant may do so by submitting a statement that the named person at the address indicated is appointed as the applicant's domestic representative under 1 (e) of the Trademark Act. The applicant must sign this statement. This person will receive all communications from the PTO unless the applicant is represented by an attorney in the United States. Searches for Conflicting Marks An applicant is not required to conduct a search for conflicting marks prior to applying with the PTO. However, some people find it useful. In evaluating an application, an examining attorney conducts a search and notifies the applicant if a conflicting mark is found. The application fee, which covers processing and search costs, will not be refunded even if a conflict is found and the mark can't be registered. To determine whether the two marks conflict, the PTO determines whether there would be likelihood of confusion-that is, whether relevant consumers would be likely to associate the goods or services of one party with those of the other party as a result of the use of the marks at issue by both parties. The principal factors to be considered in reaching this decision are the similarity of the marks and the commercial relationship between the goods and services identified by the marks. To find a conflict, the marks need not be identical, and the goods and services do not have to be the same. The PTO does not conduct searches for the public to determine if a conflicting mark is registered, or is the subject of a pending application, except as just noted, when acting on an application. However, you can get this same type of information in a variety of ways: Perform a search in the PTO public search library, located on the second floor of the South Tower Building, 2900 Crystal Dr., Arlington, VA 22202. Visit a patent and trademark depository library (at locations listed in Part 4). Go to either a private trademark search company or an attorney who deals with trademark law. The libraries in the first two entries have CD-ROMs containing the trademark database of registered and pending marks. The PTO cannot provide advice about possible conflicts between marks. Laws & Rules Governing Federal Registration The federal registration of trademarks is governed by the Trademark Act of 1946, as amended, 15 U.S. C. 1051 et seq.; the Trademark Rules, 37 C.F.R. Part 2; and the Trademark Manual of Examining Procedure (2d. Ed. 1993). Other Types of Applications In addition to trademarks and service marks, the Trademark Act provides for federal registration of other types of marks, such as certification marks, collective trademarks and service marks, and collective membership marks. These are relatively rare. For forms and information regarding registration of these marks, please call the appropriate trademark information number, indicated below. Where to Send Application and Correspondence The application and all other correspondence should be addressed to The Assistant Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 The initial application should be directed to 'Box NEW APP/FEE.' An AMENDMENT TO ALLEGE USE should be directed to 'Attn. AAU.' A STATEMENT OF USE or REQUEST FOR AN EXTENSION OF TIME TO FILE A STATEMENT OF USE should be directed to 'Box ITU/ Fee.' The applicant should indicate his or her company's telephone number on the application form. Once a serial number is assigned to the application, the applicant should refer to the serial number in all written and telephone communications concerning the application. It's advisable to submit a stamped, self-addressed postcard with the application specifically listing each item in the mailing-that is, the written application, the drawing, the fee, and the specimens (if appropriate). The PTO will stamp the filing date and serial number of the application on the postcard to acknowledge receipt. This will help the applicant if any item is later lost or if the applicant wishes to inquire about the application. The PTO will send a separate official notification of the filing date and serial number for every application about two months after receipt....

Basic Facts About Registering A Trademark, Part 4
BASIC FACTS ABOUT REGISTERING A TRADEMARK Part 4 of 5   PATENT AND TRADEMARK OFFICE SERVICES Trademark Assistance Center The Patent and Trademark Office was established to provide service to trademark applicants, registrants, and the general public. Many PTDLs have on file all full-text patents issued since 1790, trademarks published since 1872, and select collections of foreign patents. All PTDLs have the patent and trademark sections of the Official Gazette of the U.S. Patent and Trademark Office. The full-text utility and design patents are distributed numerically on 16-mm microfilm, and plant patents on color microfiche. Patent and trademark search systems are available on CD-ROM at all PTDLs to enhance access to the information found in patents, and trademarks searches can be conducted through the numerically arranged collections. All information is available for use by the public free of charge. Facilities for making paper copies of patent and trademark information are generally provided for a fee. STATE Name of Library Telephone Contact Alabama Auburn University Libraries (205) 844-1747 Birmingham Public...g (Class 35) August 27, 1990 First Use in Commerce: Magazines (Class 16) January 15, 1992 Consulting (Class 35) August 27, 1990 Design: A zebra Sample Drawing-Typewritten 8 1/2" x 11" (21.6 cm x 27.9 cm) Applicant's Name: A-OK Software Development Group Applicant's Address; 100 Main Street, Anytown, MO 12345 Goods: Computer software for analyzing statistics Date of First Use: Intent to Use Application Date of First Use in Commerce: Intent to Use Application Theorytec Sample Specimen for Goods (Issue of Magazine) April-May 1992 $2.00 Pinstripes "The Magazine for the Business Professional" In this Issue Managing business in tough times The need for quality in everything redefines priorities Managing turned inside out Employee ideas can really count Our business report on Washington, D.C. Working together to create new markets and new jobs In business to stay Investing feature: Future outlook on futures Pinstripes forever (our humor column) Sample Specimen for Services (Advertisement) If better business management solutions are what you're after, think of Pinstripes for consulting. We'll come wherever you are to offer a wide range or consulting services for diverse industries, including high-tech fields. You'll like the results-and our competitive price. The more you get to know us, the more you'll realize that we're the best choice for consulting and can make a big difference. Call or write us. Pinstripes Inc. (123) 456-7890, 100 Main St., Anytown, MO 12345 Sample Specimen for Services (Business card showing mark and reference to service) Business Management Consultants John Doe, President 100 Main Street Anytown, MO 12345 U.S.A. (123) 456-7890 Sample Specimens for Goods (Label affixed to computer disk) Theorytec Version 5.0 A-OK Software Development Group Theorytec Version 5.0 A-OK Software Development Group Trademark/Service Mark Application, Principal Register, with Declaration   To the Assistant Commissioner for Trademarks Applicant's Name: Applicant's Business Address: Applicant's Entity Type (Check one and supply requested information) Individual-Citizen of (Country): Partnership-State where organized (country, if appropriate): Names and Citizenship (Country) of General Partners: Corporation-State (country, if appropriate) of Incorporation: Other (Specific Nature of Entity and Domicile): Goods and/or Services: Applicant requests registration of the trademark/service mark shown in the accompanying drawing in the U.S. Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. 1051 et seq., as amended) for the following goods/services (SPECIFIC GOODS AND/OR SERVICES MUST BE INSERTED HERE): Basis for Application (Check boxes that apply, but never both first and second boxes. Supply requested information related to each box checked.) [ ] Applicant is using mark in commerce on or in connection with the above identified goods/services (15 U.S.C. 1051 (a), as amended). Three specimens showing the mark as used in commerce are submitted with this application. Date of first use of the mark in commerce that the U.S. Congress may regulate (for example, interstate or between the United States and a foreign country): Specify the type of commerce (for example, interstate or between the U.S. and specified foreign country): Date of first use anywhere (the same as or before use in commerce date): Specify intended manner or mode of use of mark on or in connection with the goods/services (for example trademark is applied to labels, service mark will be advertisement): Applicant has a bona fide intention to use the mark in commerce on or in connection with the above identified goods/services and, accompanying this application, submits a certification or certified copy of a foreign accordance with 15 U.S.C. 1126 (e) as amended. Country of registration: __________________________ Registration Number: ___________________________ Note: Declaration on reverse side must be signed. Declaration The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine, imprisonment, or both, under 18 U.S.C. 1001, and that such false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be owner of the trademark/service mark sought to be registered, or if the application is being filed under 15 U.S.C. 1051 (b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief, no other person, firm, corporation, or association has the right to use the above identified mark in commerce, either in the identical form thereof or in such other form, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true, and all statements made on his/her information and belief are believed to be true. _________________________________ ____________________________ Date Signature _________________________________ _____________________________ Telephone Number Print or Type Name   Instructions and Information for Applicant To receive a filing date, the application must be completed and signed by the applicant and submitted along with: The prescribed fee of $245 for each of the goods/services listed in the application; A Drawing Page displaying the mark in conformance with 37 CFR 2.52; If the application is based on use of the mark in commerce, THREE SPECIMENS (evidence) of the mark as used in commerce for each class of goods/services listed in the application. All three specimens may be in the nature of: (a) labels showing the mark, which are placed on the goods; (b) photographs of the mark as it appears on the goods; (c) brochures or advertisements showing the mark as used in connection with the services. An Application with Declaration (this form). The application must be signed for the application to receive a filing date. Only the following person may sign the declaration, depending on the applicant's legal entity: (a) the individual applicant: (b) an officer of the incorporated applicant, (c) one general partner of a partnership applicant; (d) all joint applicants. Send Application Form, Drawing Page, Fee and Specimens (if appropriate) to: Assist

... Required) Please consider the following: 1. Would you recommend this company? 2. What about this company do you like/dislike? 3. Why did you choose this rating? Submit This Anonymously Submit Cancel Contact Us contact_phone Click to call Unfollow First name: Last name: Email: Are you sure you want to deactivate your CompleteMarkets Company Profile Deactivate Cancel Loading.. About Us Services Jobs PR Newsletters Employees Articles Blog Photos Group Connections Reviews IMMS Library Immerse yourself in our stacks. Take some time and browse through our library. We have thousands of articles, checklists, tip sheets, sales letters, and more! Communications Marketing Customer Service Planning Finance/Accounting Risk Management Human Resources Selling Legal and E&O Technology Life/Financial Services Glossaries Management Resources & Links Categories Popular Recent All commerce functions Articles tagged with commerce functions Back Are You Overwhelmed? This content has not been rated yet. CompleteMarkets Editor 5/23/2014 12:00:00 AM Jenny Brower, marketing manager, Harbor/Brenn Agencies, Petosky, Michigan, wrote to us recently: I like everything I'm doing, but it's overwhelming-HELP! ' With Jenny's permission.. All Articles by CompleteMarkets Editor Comments (0 ) x No Thanks Loading.. Loading.. x No Thanks Loading.. ...

16 Ways To Keep A Business Alive As Commerce Goes Online
'So dawn goes down today, nothing gold can stay.' Robert Frost 'There are no more power elites.' Manuel Castels in The Information Age The painfully obvious implication of these quotes can be seen in the business world: IBM pulls its PCs out of retail venues because it no longer considers them profitable. The Wall Street Journal reported that in 1998, there were $301 billion in sales via the Internet, while the manufacturing sector did $350 billion in overall business. It took the Internet roughly 36 months to reach this figure; manufacturing needed 150 years. However, Bill Gates once warned that Microsoft's supremacy could be temporary. Nothing stays in place because there are no more power elites, pillars, safe harbors, or certainties. This leaves the question of how businesses can stay on track and out of trouble in this new and totally different environment. Here are some guidelines: 1. E-commerce isn't for every business. That might sound somewhat shocking these days, but look around. Levi-Strauss, for example, made a valiant effort to sell customized jeans over the Internet. It just didn't work. Visiting a Levi's store might be the best way to get the right fit after all, at least for now. Dry cleaners often tell customers that they can check the status of their orders via the cleaner's website. This is a good example of using technology to take a step backwards. It's high-tech, but it isn't useful. Give customers same-day service, and they don't need to check on when their clothes will be ready. 'We want to get into the E-economy,' says an insurance agency vice president. 'Why?' asks the marketing executive. 'Everybody in our office thinks it's the way to go,' the vice president responds. More nonsense. Unless there's a valid, compelling reason to commit extensive resources to E-commerce, don't jump. 2. The Web isn't the only game in town. Flip through the ads in The Wall Street Journal. A majority of them are there for one purpose: To promote a website address. This should send a message to anyone wanting to increase website traffic. Don't count on 'bookmark this page' instructions or overworked search engines to drive traffic to your site more than a few times. And don't rely on third parties to direct visitors your way. You need carefully crafted and properly funded promotions using a variety of marketing tactics and plans to keep customers coming to your website. 3. Traditional marketing channels are still valid. The aim is to get attention. The Internet makes this job more complicated, not simpler. You need to use the full range of marketing techniques. Direct mail, for example, is far from dead. In fact, it appears to be becoming even more effective as the junk moves to E-mail. What finally arrives at someone's desk or mailbox has a better chance of getting attention. The rush to fax and broadcast E-mail comes under the 'quick hit' heading. 'Don't do it right, just do it fast and cheap.' This idea is more menace than marketing. Whether it's advertising, direct mail, print newsletters, marketing brochures, or public relations, the goal is to understand customer needs and focus on them as precisely and effectively as possible. Traditional marketing channels can still do all of this quite effectively. Anyone ready to abandon these channels should realize that these are the vehicles being used to bring traffic to websites. 4. Marketing is an exercise in expert juggling. The Web hasn't changed this, although it offers brilliant new opportunities to accomplish one primary goal: Meeting the specific needs of individual customers in ways they want to be served. To accomplish this goal, even small companies need to maintain multi-faceted, integrated marketing programs consisting of self-promotion, public relations, and advertising. You need to approach customers in a number of ways simultaneously to capture their interest. This requires careful coordination and management to succeed. Placing all of a company's marketing eggs in any one basket, such as the Internet, can be dangerous. A website requires continual infusions of dollars and time, which can siphon away resources from other parts of a marketing program that includes the Internet but also recognizes the need for an integrated marketing effort. 5. Plan or perish. Strange as it might sound, although there's always value in bringing order out of chaos, a well-organized and properly implemented marketing plan isn't the complete answer. Even with the best research, things sometimes don't work out as planned. Former Coca-Cola marketing guru Sergio Zyman says that it's equally important to have a 'destination plan.' The marketing task isn't so much about answers as it is about asking the crucial questions. In many cases, the marketing plan sounds the alarm when reaching the destination appears to be in jeopardy -- allowing you to change your course. 6. Use the Web as a bellwether. Successful E-commerce seems to reflect directly what customers don't like and what they want changed. For example, selection is important to many customers. If they're shopping for luggage, they want to know what's available, and going from store to store takes too much time. Going to E-bags.com, however, is quick and easy. Traditional booksellers were shocked when websites selling books appeared. Of all products, this is the one that customers need to touch and browse, they said. Evidently all customers aren't like that, particularly when they heard, 'I'm so sorry, we don't have that book, but we'll order it for you. It will take only a week or two.' Transforming unpleasant and painful experiences is where the Internet shines. 7. All that counts is the customer. Aren't those words obvious? Not always. Consider your personal experiences with banks, bakeries, doctors' offices, restaurants, electronics stores, supermarkets -- anywhere! Do they always treat you as if you come first? Then there's that common voice-mail message, 'Leave your name and number. I'll get back to you when I can.' How about the number of unanswered voice-mail and E-mail messages? Does this sound as if the customer comes first? We tend to put our agenda first, not the customer's; we want to be in front of prospects when we're ready. Look at most sales letters and literature. Most are written from the point of view of the company doing the selling. Where's the customer? According to Forrester Research, online (or 'click') merchants generate greater customer loyalty than their bricks-and-mortar counterparts. Even if you've been buying home appliances from the same dealer for 30 years or clothing from a particular store for 15 years, those businesses probably have made no effort to understand your behavior or buying habits. But the first time you visit Landsend.com, you're viewed as an individual they want to understand. 8. Get outside of yourself. It's easy to be self-centered in business. It's also dangerous. Companies, like people, tend to think mostly about themselves -- who they are and what they want. 'Most business theories are too inward directed,' wrote Regis McKenna in Real Time. 'More attention should be paid to the external forces of change.' When auto manufacturers focused on what customers wanted, cup holders appeared in cars. Are splashy-looking computers friendlier? Ask Apple. Marketing breakthroughs are the result of looking outward. It's surprising how few companies are willing to invest in research but are willing to bet the ranch on gut instincts. Outside of the world of business, such behavior would be described as foolhardy. A sales-seminar speaker asks participants how many read USA TODAY every day. It turns out only about three in 100 do. Yet this popular publication describes new trends daily. If you're one of the 97 not reading it, ask yourself why. 9. Get rid of company mission statements and core values. If mission and vision statements, core values, and company cultures were nothing more than innocent diversions occupying the time of underworked (and overpaid) executives, they might be justifiable. Actually, they're quite destructive. They create limitations that inhibit creativity, thwart agility, and defy change. Vision statements erect barriers and create set patterns of thought and behavior. This used to be IBM's problem, and it has raised havoc at General Motors for decades. A middle manager might be concerned about whether a particular job candidate will fit into the company culture. This might be the most important reason to hire that person! 10. If you see it, don't believe it. Doppelgangers pervade business. There's a lot of talk about innovation, but talk is all it is. Business strategies are clones of the competition. Apple brings out its unique and colorful iMac, and then along comes Compaq with its knockoff. The colorful iBook laptops were quickly disdained by the competition-but almost immediately IBM offered color inserts for some of its laptops. Do customers want colorful computers? Perhaps. Just because Apple thinks so doesn't make it right for another company. Just because one business appears to have an E-commerce edge doesn't mean it's right for another company in the same industry. Seeing isn't believing. 11. Not all ideas have equal value. The Internet has truly leveled the playing field for ideas, so any thought, no matter how ignorant or ill-informed it might be, has a place on the Web. In business, critical thinking is now necessary more than ever. It's painfully common for an executive to say, 'I never watch those shows' and veto a media buy on the strength of this formidable evidence. Or the president, passionate about his or her story, proclaims to the public relations team, 'This is front page stuff!' without having an editor's background to recognize genuine newsworthiness. An idea isn't great simply because someone had it. 12. Just because it works doesn't mean it's right. This is a strategic issue, not a moral one. Business was very good for a New York-based manufacturer as orders rolled in. Recognizing that the company was starting to plateau, management called in a marketing consultant. A series of customer interviews revealed very high customer-satisfaction ratings. This was a valued supplier, but it was shipping one kind of product: What customers needed fast. It worked, but it wasn't the right focus for the manufacturer. Other vendors got the 'regular' orders. Anyone who could meet the manufacturer's delivery schedules could take its business away. Although the manufacturer's systems worked efficiently, the company was vulnerable. To avoid a possible catastrophe, the company planned and implemented a shift in focus by introducing a proprietary product line. 13. On the Internet, the watchword is 'free.' Perhaps the farthest-reaching change brought about by the Internet is the value of 'free.' Netlibrary.com is a free public library. Borrow or buy a book-it's your choice. There are many free books, and for only $29.95 a year, you can access an even larger collection. Encyclopaedia Britannica tried to sell access to its 30 volumes online for $5 a month. It didn't work. Then it offered the access for free, and 10 million people attempted to visit the site the first day. With such a powerful pull, Britannica is attracting advertisers. E-greetings Network, Inc. had the same experience. When it sold greeting cards on its website, it attracted 300,000 users. When it gave the cards away, 7 million visitors arrived. CEO Gordon Tucker said, 'Charging for cards was a small idea. Giving them away is a really big idea.' David Cowan of Bessemer Venture Capital added, 'People expect a lot of things for free. And if you don't give it away, some other start-up will.' So 'free' doesn't mean that the companies have to lose out. Advertisers are now paying visitors to visit their sites. 14. There will be no more hunters. In selling, the image of a 'hunter' (a male) going in for the kill remains intact. The notion of the 'gatherer' (a woman) as a salesperson is disdained. Now this notion is crumbling like the Berlin Wall. The Internet turns the tables -- the successful salesperson will be the gatherer. Selling today requires nurturing prospects, and the gatherer uses a cultivation and harvesting process to make the sale. There's an interesting implication in all this. With such dramatic changes in buyer behavior, it's probable that sales, like other professions, will be rejuvenated by people in whom the traits necessary for cultivating and harvesting are often observed: Women. 15. It's 24/7 for everyone. Although some people erect firewalls between work and their personal life, the direction is toward a blending of the two. A wired world sets no boundaries on place or time. This translates into changing customers' expectations. In an amazing about-face, customers are less willing to travel to make purchases. Online buying is breaking the back of a deeply ingrained 50-year shopping-center mentality. You might want to check out the luggage at 7:35 a.m., browse again at 12:19 p.m., and make the purchase at 10:07 p.m. 16. The customer is in charge. Forrester Research concludes what might seem obvious about online buying behavior: Customers want convenience first and foremost. 'Dell or Be Delled' intoned a Wall Street Journal headline. Focusing on the main reason for computer mogul Michael Dell's success, the writer stated, 'Dell has bypassed traditional distribution channels and gone directly to the customer.' Although the mom-and-pops adhere to their 'We give personal service' mantra, the customer sees it differently: 'I'll shop where it's easy and convenient, and where someone is paying attention to my needs.' Such a statement marks an abrupt and far-reaching shift in buyer behavior. It's ironic that a debate is raging over privacy on the Internet at the same time that customers are eagerly providing online retailers and service companies with an enormous amount of personal data. Customers know that the information is needed if they're to be served in precisely the way they want and expect. The more information available, the better the service. There's a message in all this. There are no more power elites. The changes brought about by the Internet aren't just about doing it better and faster, although this is essential for survival. These 16 strategies might not cover every eventuality or solve every problem, but they can point a business in the right direction. ...

Setting Occupational Safety And Health Standards
INFORMATION DATE 19920218 DESCRIPTION USDOL Program Highlights, Setting Occupational Safety and Health Standards TOPIC Setting Standards SUBJECT Setting Occupational Safety and Health Standards ABSTRACT The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor through OSHA to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce through public rulemaking. An overview is provided of the safety and health standard setting process. U.S. Department of Labor Program Highlights Fact Sheet No. OSHA 92-14 SETTING OCCUPATIONAL SAFETY AND HEALTH STANDARDS The Occupational Safety and Health Act of 1970 authorizes the Secretary of Labor through the Occupational Safety and Health Administration (OSHA) 'to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce' through public rulemaking. OSHA safety standards are designed to reduce on-the-job injuries; health standards to limit workers' risk of developing occupational disease. Most OSHA standards are horizontal-they cover hazards which exist in a wide variety of industries. These are compiled as the OSHA General Industry Standards. Vertical standards apply solely to one industry. OSHA has promulgated vertical standards for the construction, agriculture, and maritime sectors. Some general industry standards apply to construction, agriculture, and maritime as well. Getting Started. The impetus to develop a new safety or health standard can come from a variety of sources: OSHA's own initiative; the U.S. Congress; information from the Department of Health and Human Services' National Institute for Occupational Safety and Health (NIOSH); Environmental Protection Agency's Toxic Substances Control Act (TOSCA) referral; public petitions; or requests from OSHA advisory committees. Standard Setting Process. Standard setting may begin with publication in the Federal Register of a request for information (RFI), an advance notice of proposed rulemaking (ANPRM), or a notice of proposed rulemaking (NPRM). Through an RFI or an ANPRM, OSHA seeks information to determine the extent of a particular hazard(s), currently used and potential protective measures, and costs and benefits of various protective strategies. OSHA has also sought to begin work on new standards by developing consensus through negotiated rulemaking. The agency forms an advisory committee representing the interest groups affected including industry and labor, which meets to hammer out an agreement serving as the basis for a proposed rule. The process is intended to shorten the rulemaking timetable and discourage legal challenges to the final standard while at the same time providing for full public comment on the issue. Information gathered in any of these ways and/or other available information such as injury and fatality data is used to develop a proposal. Sometimes OSHA circulates early drafts of proposals for informal comment from affected interest groups. Formal proposals are published in the Federal Register with a public comment period usually over the next 60 to 90 days which occasionally may be extended at the request of interested parties. Commentors may also request a public hearing on a proposal. Public hearings are presided over by a Department of Labor administrative law judge who certifies the record after all data are received , though decisions affecting the final standard are made by OSHA as the agent of the Secretary of Labor. Hearings are followed by post-hearing comment periods-usually 30 or more days. OSHA uses all of this information to prepare and publish in the Federal Register a final standard or a determination that no standard is needed. Standards take effect in 90 days or less, although some provisions such as requirements for detailed programs or engineering controls may be phased in over a longer period. OSHA final standards may be challenged in the appropriate U.S. Circuit Court of Appeals by adversely affected parties. Special Requirements for Health Standards. Based on Supreme Court decisions and a Presidential Executive Order, OSHA follows a four-step process for developing occupational health standards. First, the agency must demonstrate that a particular hazard poses a significant risk to worker health. Second, the agency must show that an OSHA standard would eliminate or substantially reduce that risk. Then the agency selects the most protective exposure limit that is economically and technologically feasible. Finally, the agency looks for the most cost-effective ways for employers to meet the exposure limit. Standards Priorities. The Department of Labor publishes in the Federal Register a semiannual agenda of the standards being actively worked on, including target dates. The agenda usually appears in April and October and covers regulatory activity anticipated for a one-year period. Special Standards. During its first two years, OSHA was authorized by the act to promulgate national consensus standards and other federal standards as OSHA standards. Where standards differed, the Act required OSHA to choose the most protective. National consensus standards came from voluntary standards developed by such groups as the American National Standards Institute and the National Fire Protection Association. Many OSHA safety standards were adopted in this way. Safety and health standards were adopted from the Walsh-Healey Act standards. OSHA also has the authority to promulgate emergency temporary standards when it determines that workers are exposed to 'grave danger' from toxic substances or physical conditions and could be protected by an OSHA standard. During the six-month life of an emergency temporary standard, OSHA is charged with developing a permanent standard to protect employees. The emergency temporary standard remains in effect until superseded by a permanent standard. State Standards. States are encouraged to establish and maintain their own job safety and health programs subject to Federal approval. State-plan states' standards must be 'at least as effective' as the federal standards, with comparable state standards to be issued within six months after new OSHA standards are published in the Federal Register. States also can develop standards covering areas or issues not regulated by federal OSHA. These state standards, when applicable to products distributed or used in interstate commerce, must be 'required by compelling local conditions' and not 'unduly burden interstate commerce.' Variances. The Act also provides, through the 'variance' procedure, an alternative to compliance with specific requirements of an OSHA standard. A permanent variance may be granted to an applicant (employer) who can demonstrate to OSHA's satisfaction that the proposed alternative (condition, method, practice, or the like) will provide an employee environment as safe and healthful as that which would be afforded by compliance with the standard. The Agency may also grant a temporary variance to an applicant who can demonstrate to OSHA that additional time will be needed to comply with a newly promulgated standard beyond the effective date. Keeping Track of OSHA Standards. Notices of OSHA standard-setting activities are published in the Federal Register. All OSHA standards are available in the 29 Code of Federal Regulation as well as on a compact disc with read-only memory (CD-ROM) for paying subscribers. Standards interpretations, directives, documents, the OSHA Field Operations Manual, chemical sampling information, the OSHA Technical Manual, Federal Register index, hazard information bulletins, congressional testimony, memoranda of understanding with other agencies, corporate-wide settlement agreements, library catalog, and other program information maintained on the OSHA Computerized Information System (OCIS) also are on the disc. The subscription is $88.00 for the service with three quarterly updates. A single disc is available for $28.00. Visa or MasterCard number along with expiration date or a check made payable to Superintendent of Documents may be used to order the service (order number 729-013-00000-5). The disc may be ordered from the Superintendent of Documents, Government Printing Office (GPO), Washington, D.C. 20402-9352; telephone (202) 512-0000; or purchased from a local GPO Bookstore. See the government listing in the telephone directory for GPO's local address. This is one of a series of fact sheets highlighting U.S. Department of Labor programs. It is intended as a general description only and does not carry the force of legal opinion....

Traditional Vs. E-Commerce Insurance
TRADITIONAL VS. E-COMMERCE INSURANCE   by Dave O'Neill   Managing e-business calls for a comprehensive risk management approach and a thorough understanding of the multifaceted nature of the exposures. It's imperative to incorporate an ingrained awareness of e-business exposures in a business' employees and to provide them with the necessary tools to analyze, quantify, and manage those exposures. This document by Dave O'Neill takes a look at why traditional insurance products aren't up to the task.     The Industrial Revolution, especially the period of the early 1800s, contributed to modern business methods with inventions of the telegraph, transatlantic cable, telephone, and wireless communication services. But, development of the first microprocessor in the late 1960s, followed by the creation of the Internet, marked the beginning of what can now be called the E-Business Revolution.   Electronic Business, or Electronic Commerce, began with the Internet. The ability to work, learn, teach, research, bank, invest, purchase, sell, and communicate can be performed from almost any location with access to a telephone line.   The advent of the Internet has transformed the way firms conduct business with extraordinary cost effectiveness and innovative business opportunities. Although companies that don't partake in the latest technological advances risk losing customers, those firms that have joined the e-business revolution have risks of their own. Typical business risks such as loss of revenue, business interruption, fraud, and loss of reputation are magnified for those businesses engaged in e-commerce. Additionally, the paperless environment of the electronic age serves to further increase the risk of theft of confidential data, which can be accessed online.   For the most part, companies have relied on their insurance agents or business consultants for recommendations regarding traditional business insurance purchases. Unfortunately, those traditional insurance products might not meet all of the needs of today's electronic businesses. The very same products that have provided insurance coverage for physical assets against physical threats were developed at a time when the term ‘cyberspace' was considered science fiction. The electronic business exposures must be analyzed against traditional insurance coverages in order to identify the coverage gaps and ultimately find a solution to close those gaps. PROPERTY INSURANCE Property insurance is based on physical protection for losses resulting from covered causes of loss, which cause physical damage or destruction. The following are typical characteristics of traditional Property insurance: It does not cover damages caused by viruses, nor does it recognize the inherent value of assets in electronic form, such as intellectual property or proprietary software. It excludes dishonest and fraudulent acts committed by the Insured or employees of the Insured. It excludes losses arising out of human programming errors. The coverage territory is limited to a specified region, such as the U.S., Canada and Puerto Rico — the Internet knows no boundaries. BUSINESS INCOME/EXTRA EXPENSE Business Income coverage pays for actual loss of business income due to suspension of operations during the period of restoration. The traditional coverage characteristics include:   The suspension must be caused by direct physical damage or loss to property (or personal property within 100 feet) at the premises described in the policy declarations. The loss or damage must be caused by, or result from, a covered cause of loss. It defines ‘period of restoration' as the period of time that typically begins 24 to 48 hours after the time of direct physical loss or damage for Business Income coverage and ends when the damaged property should be repaired with reasonable speed or business is resumed at a new permanent location. In the world of electronic commerce, a 48-hour waiting period might be more damaging to business than the loss itself. GENERAL LIABILITY General Liability insurance is also directly connected to physical exposures, designed to cover tangible bodily injury and property damage. Often, insureds misinterpret coverage for incidental exposures to be broader than intended. Limited coverage for advertising liability, only applies to offenses committed in the course of advertising your goods, products or services. Many home pages have information not specific to an insured's own products. It excludes an offense committed by an insured whose business is advertising, broadcasting, publishing, or telecasting. The coverage territory is limited to a specified region, such as the U.S., Canada and Puerto Rico — the Internet knows no boundaries. DATA PROCESSING MEDIA An insured might choose to purchase Data Processing Media coverage, or coverage might be included within a package of other Property or Inland Marine coverages. This type of coverage typically features:  It covers the actual cost of reproducing the data and the cost of the media. It only applies to Data Processing Media at a Covered Location described on the policy declarations page. Again, the coverage territory is limited to a specified region, such as the U.S., Canada, and Puerto Rico. It excludes dishonest or criminal acts by the insured or the insured's employees. CRIME COVERAGES A Computer Crime Policy (CCP) is designed to cover loss resulting from various forms of crime. However, where does the protection against loss resulting in an electronic environment generally begin and end? A key element of the CCP is protection against the loss of money and securities resulting from transferring, paying, delivering, debiting, or crediting an account following the modification or destruction of electronic data, media, or programs perpetrated by unknown third parties. Coverage is lso provided for damage or destruction to programs, data, and media (hackers, virus', time bombs, and the like) in which case the afforded protection only pays the costs to replicate the lost materials.  Under the CCP no coverage is given for: Loss of inherent value of intellectual property or proprietary software resulting from misappropriation. Loss of income. Expenses incurred in order to establish the amount of loss. Programming errors and omissions or malfunctions. Expense of hiring a public relations firm to mitigate a reputation loss. DIRECTORS AND OFFICERS D&O coverage is triggered by a claim resulting from a wrongful act of a director and/or officer. Conceptually, it does not protect the corporate entity and therefore doesn't avail itself to the types of day-to-day electronic exposures inherent in the provision of professional services by a financial institution. D&O coverage also normally excludes: Loss of income. Errors and omissions by anyone other than the directors and officers, except for the management oversight function. Libel, slander, or defamation. PRE-SCREENING Financial institutions in particular want to ensure their e-business activities aren't vulnerable to potential losses resulting from security breaches, such as network hacking, viruses, and electronic thefts. Now that we've addressed all of the traditional insurance a financial institution typically has in place, certain criteria must be met before they can consider e-business insurance in order to determine the scope of their e-commerce exposures. Is there a current, documented security policy? Are documented procedures in place for user and password management? Are remote users authenticated before being allowed to connect to internal networks and systems? Although this isn't a comprehensive listing, a negative response to these questions represents a critical internal control weakness that would need to be corrected before e-commerce insurance can be considered.   LOSS CONTROL MEASURES Financial institutions must implement loss control measures to lessen their e-business exposures before additional insurance can be put in to place. Such measures might include: A documented, published corporate security policy. Such a statement is key to the successful implementation of an IT Security Program. It should spell out the institution's approach and commitment to an active Security Program, allocate management responsibilities, and advise employees of the need for their active involvement. Access controls to ensure that only authorized users access your systems and networks and can provide you with an audit trail to aide in investigations that might be needed. Passwords, the most common method for verifying the authenticity of system users, are the most likely to be compromised. Ensure that they are changed often. FILLING THE GAPS E-business insurance provides a broad range of electronic business activity protection that helps to cover gaps in traditional existing insurance coverage, even if your electronic systems are under the control of a third party service provider. This might include: Business Income coverage that can replace not only the business income and additional expenses incurred as a result of interrupted services, but can also pay for the cost of investigating the reason for the loss of service. Loss Event Liability that covers liabilities to third parties for e-business losses, including reasonable expenses incurred in the defense or appeal of claims. Intellectual Property coverage to protect against the loss of proprietary information or software through deliberate or inadvertent misappropriation. Public Relations coverage for the expenses incurred to help rebuild a company's reputation from negative publicity resulting from an e-business exposure. Electronic Publishing Liability to cover liabilities incurred from publishing information electronically including defamation of character, libel, and slander, as well as copyright infringements, plagiarism, or misappropriation of ideas. Rewards coverage that pays for information that leads to the arrest and conviction of any indi...g or trying to commit any illegal act against the insureds e-business activities. Managing e-business calls for a comprehensive risk management approach and a thorough understanding of the multifaceted nature of the exposures. It's imperative to incorporate an ingrained awareness of e-business exposures in a financial institution's employees and to provide them with the necessary tools to analyze, quantify, and manage those exposures.   We recommend grasping the golden opportunity presented by e-business, but it's always of importance to ensure that there's an adequate return to compensate for the risk assumed. E-business insurance helps make this decision easier.   David T. O'Neill is Vice President of e-Business Solutions for Zurich North America Financial Enterprises. He is responsible for directing the global marketing initiatives of Zurich North America Financial Enterprises' e-commerce insurance product, E-Risk.

... E&O Technology Life/Financial Services Glossaries Management Resources & Links Categories Popular Recent All Back Are You Overwhelmed?5/23/2014 12:00:00 AM by CompleteMarkets Editor This content has not been rated yet. Jenny Brower, marketing manager, Harbor/Brenn Agencies, Petosky, Michigan, wrote to us recently: I like everything I'm doing, but it's overwhelming-HELP! ' With Jenny's permission, her letter has been condensed by summarizing all that she's presently doing. This article will provide a few suggestions to help her cope with these multiple tasks. Perhaps they may apply to you as well. Responsibilities act as CSR for a portion of personal lines clients cross-sell for personal Lines sell life insurance handle agency advertising and marketing (for two offices) represent agency at chamber of commerce functions participate as active member in Jaycees (for business promotion) serve on automation team (along with another worker) serve as state representative for Agena Corporation analyze and total monthly cancellation and new-business logs act as project manager for book transfer from one company to another conduct auto policy reviews (six-month project of proactive contacts to reduce risk of present clients going to competitors) There are probably a dozen other things Jenny couldn't think of as she wrote. First, I suggest that every business can be simplified by identifying four basic categories of work objectives: management (personnel), sales (and marketing), service (client demands), and administration (financial and legal) . I believe that no one person can operate successfully in more than two of these areas. Consider juggling. Only ...

... Selling Legal and E&O Technology Life/Financial Services Glossaries Management Resources & Links Categories Popular Recent All Back Confronting Substance Abuse In Small Business 6/21/2014 12:00:00 AM by CompleteMarkets Editor This content has not been rated yet. Small businesses have not made the same progress as large businesses in developing drug abuse programs due to a lack of information and prohibitive costs. Some small businesses have also had difficulty providing the resources necessary to meet federal requirements for contractors to maintain drug-free workplaces. Three federal agencies jointly sponsored a national conference to communicate the effects of substance abuse in the workplace, discuss the specific problems of small businesses, and consider the incentives needed to assist small businesses in responding to these problems and implementing effective programs. Representatives from trade associations, chambers of commerce, unions, public/private partnerships, state and local governments, and employee assistance programs attended the conference. Presentations were made by the sponsoring agencies and members of the small business community in the areas of small business experiences, legislation, treatment/insurance, and drug testing. Workshops were conducted for each type of organization attending the conference. The group workshops focused on ways in which partnerships could be formed between the various organizations and how information, resources, and incentives could best be provided to small businesses. The problems and recommendations discussed in the presentations and workshops are described below. Small Business Needs To help design the conference, data on small business problems with substance abuse were obtained in six regional workshops held with small business representatives. Summaries from the regional workshops are contained in appendices ...

How Much Can You Rely On Your Consultant's Lawyer?
HOW MUCH CAN YOU RELY ON YOUR CONSULTANT'S LAWYER? by Gary Lawson, JD, LLM, Bruce Campbell, JD, and Gavin Kahn, Esq. A common practice in business today is for companies to focus on the core of their businesses while hiring third parties or consultants to handle many ancillary activities. For example, businesses that do not specialize in investing hire third parties to make investment decisions for them. Still other companies hire consultants to assume the liability for risky activities. An example of an attempt to shift risk to consultants can be seen in the direct marketing business. Frequently, the direct marketing company ('the Company') relies upon consulting firms to review, if not structure, a variety of marketing programs and promotions. It is common for the direct marketing consultant to obtain a legal opinion from a law firm that is chosen by the consultant. The legal opinion usually sought is on whether the particular promotion satisfies some or all federal and state laws regulating such activity. It is common for the cost of the legal opinion to be considered an extra cost under the contract between the Company and the consultant, to be paid for by the Company. More often than not, the Company, the consultant, and the law firm know that the legal services are intended to benefit and be relied upon by the Company. Nevertheless, if there is a written agreement describing the legal services to be rendered, it is often between the consultant and the lawyer. And the Company is not a party to the agreement. If asked, many companies that hire consultants and pay the attorneys recommended by the consultants often express the belief that any legal opinion rendered concerning their company is an opinion on which they can rely. Moreover, these companies frequently believe that if the legal advice given falls below the standard of care-that is, constitutes malpractice- that the company receiving bad advice can sue the lawyer. Many companies are surprised to learn that the legal advice that they paid for will not serve as a basis for a claim, even if the lawyer committed malpractice. To gain an appreciation of how unusual this situation may seem to many companies today, a brief review of how tort law has evolved may be helpful. Prior to the 20th century, virtually all American courts refused to impose liability for negligence unless the injured party had a contractual relationship or was in privity with the party who injured him. Thus, if a manufacturer of 'widgets' put his product into the stream of commerce, he was only responsible to those with whom he was in privity (those who purchased his product from him directly). Gradually, the privity requirement was eroded. Early on in this evolution, manufacturers became liable to persons who bought their product from other parties who distributed the product through the chain of distribution. More recently, manufacturers have been held liable to persons who, although they did not buy the product in the stream of commerce, were injured by the product being used by someone who did purchase the product. While the privity requirement was being relaxed in the context of product liability, the courts also began to relax the privity requirement for certain services. Thus, accountants who were negligent in rendering an opinion that a company's financial statements accurately portrayed its financial condition could be held liable to investors in the company who could show that they made the investment on the basis of the erroneous financial information. For an accountant to be found liable in such a situation, the accountant would have to have been aware that the financial reports were to be used for a particular purpose, that a known party was intended to rely on the report, and that there was some conduct on the part of the accountant that linked him to that party and evidenced the accountant's understanding of that party's reliance.(1) Even though the privity requirement has been relaxed in cases brought against accountants, the courts have generally balked at relaxing the privity requirement for claims against lawyers. The courts have justified their adherence to the privity requirement on the basis that legal ethics require the lawyer to serve only his client. Thus, in most states, a lawyer may be found liable only to his client. The most frequently stated rationale for the privity requirement is that a lawyer must devote his efforts solely to the benefit of his client. On the other hand, one might attribute this state of the law to a silent fraternalism or an unspoken bond between lawyers and judges. That is, judges who were once practicing lawyers are sympathetic to the wishes of lawyers to avoid liability for their rendition of legal services. Regardless of the motivation for adherence to the privity requirement, the vast majority of states still require the existence of privity between a client and a lawyer before liability may be established against the lawyer. Nevertheless, in a minority of states, the courts have looked at the lack of privity between an injured party and a lawyer and have accepted one of several theories in order to allow an injured party to establish liability against the lawyer. One theory allows persons who are intended third-party beneficiaries to establish liability against the lawyer. This theory has been used most frequently in the context of probate proceedings. For example, a testator gives instructions to his lawyer to set up a trust for A, B, and C. Yet the lawyer fails to establish the trust. As a result, A, B, and C sustain adverse tax treatment of their inheritance and are required to pay more taxes than if the trust had been established. In most instances, A, B, and C would not have a privity relationship with the lawyer. Nevertheless, the trust was specifically designed for their benefit. Unless the privity requirement is relaxed, A, B, and C will be unable to establish liability against the lawyer for malpractice. To provide A, B, and C with a remedy, some courts have said that because A, B, and C were the intended beneficiaries of the trust, they should be able to establish liability against the lawyer. A second theory that has been used to relax the privity requirement against lawyers is to allow persons whose relationship to the transaction or event is so close that it places them within in a zone in which it is highly likely that they would be harmed. Defining the parameters of who is within such a zone has been difficult. The courts have struggled with this issue but have said that the analysis requires a detailed factual review and will be done on a case-by-case basis. These courts have generally looked to three criteria for imposing liability: (1) the awareness by the lawyer that the statement is to be used for a particular purpose; (2) reliance by a known party on the statement in furtherance of that purpose; and (3) some conduct by the lawyer linking him to the relying party and evincing his understanding of that reliance. Even though these criteria may be satisfied, a company will still only have the ability to establish liability against its consultant's lawyer in a handful of jurisdictions. Therefore, companies that deal with consultants and their consultants' counsel should not rely on the possibility of the courts to relax the privity requirement. Instead, companies should take certain steps to ensure they will have recourse if bad advice is given to them by their consultants' attorneys. One solution is for the company to establish a contractual relationship directly with the consultant's law firm. In addition, all agreements between a company and its consultants should be reviewed by the company and its counsel to determine if the agreement with the consultant allows the consultant to hire counsel. Second, the company may be well served by including in their agreement with their consultants a provision that establishes a link between the legal services rendered to the consultant and the company. Third, the company could provide in its contract with the consultant that a copy of all correspondence between the consultant and the lawyer hired by the consultant must be sent to the company. Finally, the company could require that any legal opinion letters from counsel to the consultant be addressed to both the consultant and to the company. Generally, when a company hires a consultant, there is an expectation that the company can rely on the consultant's lawyers. Nevertheless, this expectation can be frustrated unless the company takes steps to establish a link between itself and the counsel. A careful review of all contracts with the consultant should be undertaken to determine if consultants have the authority to hire counsel. Where appropriate, steps should be taken to protect the company's expectation that it can rely on its consultant's counsel. Notes: (1) In re Crazy Eddies Sec. Litig., 812 F. ,upp 338 (ED NY 1993), Ahmed v. Trupin 809 F.Supp 1100 (SD NY, 1992). Also arguments have and will continue to be made that accounts can be liable under the Restatement of Torts (Second) 552. © Copyright 199...______________________   ADDRESS YOUR FAX TO THE RISK MANAGEMENT LETTER at (714) 955-1929. Special trial subscription not available to existing or previous RML subscribers.