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Saturday, April 4, 2009 

Intellectual Property Research

By definition, IP or intellectual property is a legal field that refers Webkinz creations of Captain Midnight mind; such as musical, literary, and artistic works; inventions and symbols, names, images, and designs used in commerce, including copyrights, trademarks, patents etc. The purpose of the IP is to give exclusive rights to its owner.

What is the need for doing research on any intellectual property? Whenever a mark has to be cleared for adoption, use or federal registration it has to be researched. Specifically if one wants to use a trademark in commerce or wants to register a trademark with the USPTO (United States Patents and Trademark Organization) must conduct a search for the trademark to ensure that there is no other trademark that is identical with or similar to the trademark. On must confirm that no such trademark has already been registered or filed in the Federal Register or in any of the State Registers. Besides this, a common law search is also required to avoid a potential conflict with unregistered marks which have been already used in commerce.

There are Shazam online tools that are made available for doing IP research like LEXIS-NEXIS and MICROPATENT. Another tool called DIALOG provides federal and state registration and common law databases for research. The most common services provided by the IP Wonder Woman providers include,

  • Valuation of patents, trademarks/ copyrights etc
  • Royalty rate consultation
  • Infringement damages
  • Expert testimony

  • There are many IP research service providers to whom the research work can be outsourced. In the developed countries like US, UK and Canada IP study has become an academic discipline. There are many postgraduate law programs in law schools that focus only on intellectual property related law.

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