Answer: The sooner the better. A trademark is any word, phrase, symbol, design, or a combination of such, that identifies and distinguishes the source of the goods of one party from those of another. Service marks are the same as trademarks, except they identify and distinguish the source of a service rather than a product. Although common law rights exist upon use of a trademark (mark) in connection with the specific goods or services.
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These rights only extend to the geographical location where the mark has been used. Additionally, common law rights do not offer the benefits of federal registration with the USPTO, including national priority, statutory damages, recovery of lost profits, attorneys fees, treble damages for willful infringement, and the right to use the ® to give notice of rights in a mark.
When investing in a startup, or developing a new product line, it is good practice to first perform a search of the proposed mark to verify it does not infringe on another’s rights. Performing this search is a small investment compared to the money that will be spent upon discovery that the mark infringes someone else’s rights AFTER significant investments in product labeling, advertising, domain name selection, and website design. In the event that the products are not ready to go to market, a section 1(b) “intent-to-use” trademark application can be filed to secure a priority date. If the goods/services are currently being sold in commerce, you can file a section 1(a) actual use trademark application directly with the USPTO, or use a trademark attorney (always recommended.) The federal filing fee’s begin at $275, and increase according to how the application is filed, and whether it is an actual or intent to use application. We hope you enjoy visiting the site.
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Thermal Imaging Cameras and Advanced Vision and Surveillance Solutions Opgal is a leading global provider of innovative thermal imaging cameras, systems and advanced vision and surveillance solutions. Using state-of-the-art thermal and active-imaging technologies, Opgal leverages advanced electro-optics and image processing expertise to create high performance, versatile visualization hardware and software products for a variety of markets.
Founded more than 30 years ago, Opgal is a major supplier to leading contractors and integrators, as well as corporate and professional customers in over 60 countries. Some of our breakthrough products include: Therm-App™, the world’s first Android thermal camera, EyeCGas™, the world’s only Gas Leak Detection camera certified for hazardous locations, and the world’s first thermal landing-assist EVS camera certified for commercial airplanes. 50,000 infrared thermal imaging cores and a large range of make Opgal the largest manufacturer outside of the U.S. Opgal is certified for the AS9100 aerospace standard based on the ISO 9001 quality system requirements.