Many small business owners fail to take the time to determine whether the name they have chosen for their product or business is actually available for them to use legally. If you are a small business owner and you want to eliminate the chance of having to deal with any future expensive trademark disputes, then it’s highly recommended that you take the time to file an application and register your trademark with the United States Patent and Trademark Office (USPTO). Although it’s not required, it can be beneficial to hire a private trademark attorney who can help you throughout the entire trademark registration process.

The Process of appeal

Why does it take so long for the appeals courts to come to a decision? There are several factors, not the least of which is the humongous volume of court cases to be processed, and the paperwork involved. Additionally, if the circumstances of your case are particularly complex, it can take longer to prepare effective briefs, and longer for the appellate judges to consider your appeal. In the short run, your appeal goes through a variety of steps, and every step takes time to be reviewed by the judge. While federal appeals take longer to process than most of us would like, the fact still stands that a hastily made decision would be less likely to turn out in your favor. For that reason, if you are awaiting a decision on an appealed federal conviction or sentence, it’s ultimately in your best interests to be patient. Below is the process on federal court appeals:

• Notice of appeal. Your attorney should file this as soon as possible to get the process started (generally, the notice should be filed within 10 days of sentencing).
  
  
• Filing the appeal- Once you’ve notified the courts that you plan to appeal, the actual appeal must be filed within 30 days, or your right to appeal may be denied. It is critical to file during the allotted time period.
  
  
• Response from the opposing side- While your appeal is being reviewed by court clerks, the prosecution has 30 days to submit a written response to the appeal.
  
  
• Written briefs and oral arguments- Once your appeal and the prosecution’s response have been submitted and reviewed, the case is put on the court calendar for the judges to review the written briefs, and occasionally the judges will hear oral arguments from both sides. It is important to have all your documents to present to the judge.

Trademark V. Patent

A trademark is a name and symbol used by a company to distinguish its brand. For example, you instantly recognize a bottle of Sprite, because it carries the trademarked name “Sprite,” which no other company can use. A patent, on the other hand, is not a registered mark, name, or symbol. Instead, a patent is a document that grants the ownership rights of an invention to the inventor or another party. An example of this is if you invented a new machine and you did not want anyone stealing your idea, then you would patent the design to protect your work.