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A method for implementing intelligent, conditional trademark assertion

IP.com Disclosure Number: IPCOM000199086D
Publication Date: 2010-Aug-25
Document File: 4 page(s) / 33K

Publishing Venue

The IP.com Prior Art Database

Abstract

Disclosed is a method for implementing intelligent, conditional trademark identification within documents using a tool that is configurable to meet the needs of a business, writers, or both for that business while reducing the risk of non-compliance and legal action.

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This is the abbreviated version, containing approximately 45% of the total text.

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A method for implementing intelligent, conditional trademark assertion

All documentation, whether it is marketing, technical, or advertising documents, must identify and note the common law trademarks and U.S. registered trademarks of a variety of corporations. Failure to provide appropriate trademark indicators can lead to significant trademark infringement litigation.

Current trademark tooling has specific inefficiencies and user pain points, often placing trademark indicators where they are not needed. For example, the tooling marks the words or terms with a common law trademark and U.S. registered trademark indicator in all of the following situations:

The trademark tooling encounters a term in a sentence that is used in a general context without referencing a protected technology. Despite the lack of capitalization or consideration of the surrounding words, the tooling marks the word with a common law trademark or U.S. registered trademark indicator.

The trademark tooling encounters a term that is a trademark within specific fields. However, the context in which the term is used does not match the field in which the word is protected. However, the tooling marks the word with a common law trademark or U.S. registered trademark indicator.

The trademark tooling encounters a word which, in this context, it correctly marks with a common law trademark and U.S. registered trademark indicator.

After running the tool, users must visually scan the document, find incorrectly marked terms, and manually edit them. In addition to the time used in this process, the possibility for user error and risk of non-compliance increase.

Current tooling allows for certain customization, such as the ability to toggle between "active" and "ignore" for trademark terms that are identified in a document's content; however, the tool does not support global or multiple document trademark settings. Users must reset these trademark settings for each file, which is a painstaking and time-consuming process. In summary, the currently available tooling is less efficient, can lead to increased errors, and can foster potential legal exposures.

No prior art or known solutions to the problems exist. Although, tooling such as Acrolinx* Acrocheck, provides context-sensitive term verification, tooling does not exist that provides context-sensitive verification for common law trademarks and U.S. registered trademarks.

An intelligent, conditional trademark assertion method solves many of these problems. Specifically, this invention addresses the problem of common law trademarks and U.S. registered trademarks being added based on work occurrence and on the context and capitalization. The solution is trademark tooling that is configured to behave differently based on the context or on a legally approved, product-specific configuration.

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The following capabilities of this invention provide solutions to the problems with trademark tooling:

• Authorized administ...