I-SPY: YOUR TRADEMARK
By Jacqueline Zion, Esq.
Your trademarks are an essential part of your business
and are a key factor in distinguishing your goods and services from
those of your competitors. Too often a situation is encountered where
an unscrupulous competitor, or some other company, tries to adopt and
register a mark which conflicts with your valuable trademark.
When such infringements occur, oppositions and litigation
can be very complex, time consuming and expensive. If you are going to
avert such infringements, a comprehensive and efficient process of
identifying them is required.
Further, there is also the situation where a company seeks to expand its
business in a foreign country and discovers that its mark is already
registered there. In such cases, the company may have no choice but to
adopt another mark or even purchase the mark from the registrant.
Otherwise it may get involved in a lawsuit for using the mark it
developed!
A trademark watching service can advise your company’s
counsel of possible infringement of its trademarks in a timely fashion.
This may allow your company to prevent the adoption and registration of
conflicting trademarks in the United States and the world.
Using such a service, your trademark counsel will receive a notice when
a potentially conflicting trademark application is applied for and/or
published. This notice identifies the application, trademark sought to
be registered, the goods and services involved, the name and address of
the applicant and other information.
When the notice is received, you and your attorney can discuss what
action to take – if any. Together, you may decide to investigate
whether the mark is actually being used in a way which infringes of your
rights. You may decide to send out a “cease and desist letter” to the
applicant, or you may prefer to oppose the trademark’s registration by
filing a trademark opposition within the set time limit in the trademark
office of the application’s country of origin.
Your company works hard to maintain its reputation for its goods and
services through trademarks and brands, and they are vulnerable to abuse
by others. Having a trademark watching service is a vital tool for
protecting your rights.
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Seeing Green in
Ireland: Opportunities for U.S. Exports
By Joan Kanlian
Although the market for exports of US products and
services to Ireland appears small on the surface, the potential in fact
is very high -- and the scope is broad. Manufacturers and distributors
across Ireland are seeking new sources of supply, and Irish buyers show
keen interest in the latest consumer trend or technological gadget.
There are significant opportunities for small-to-medium
sized U.S. exporters. Successful exports include state-of-the-art
products (and parts and components for products) in the ICT sector,
pharmaceuticals, and medical and health care devices, as well as
travel/tourism, engineering/design, and financial services. In
addition, growth sectors for exports include consumer and sporting
goods, building and construction products, hotel and restaurant
equipment, food processing equipment, industrial machinery, power
generation and air conditioning and refrigeration equipment.
The economic changes in the last 15 years have been
dramatic:
-
Ireland today is a wealthy country. A net exporting
nation, with merchandise exports surpassing $102 billion in 2004,
per capita GDP in Ireland is expected to grow 5% and is forecast at
$43,000 in 2006.
· More
than 600 U.S. companies have operations in Ireland. Total U.S.
investments in Ireland have surpassed $73 billion, nearly 5 times what
they are in China ($15.4 billion). There was $10.4 billion in new U.S.
investment in Ireland in 2004, compared with $4.2 billion in China.
· U.S.
companies directly employ more than 90,000 people (a full 5% of the
Irish workforce) and account for 70% of those employed by multinationals
in Ireland. ICT, pharmaceuticals, healthcare, and financial services
are the key sectors for U.S. investment, and the U.S. represents about
45% of all foreign direct investment in Ireland.
· A
highly skilled and educated workforce stemming from a business-adaptive
higher education system, a common language, common business principles,
a competitive government vision, and a very low corporate tax on profits
(12.5%) have been keys to the attractiveness of the Irish market for
U.S. companies over the past 25 years.
-
Ireland’s tax regime and incentives to business are considered by
some to be the most cost-effective in the world.
Additionally, Ireland has the competitive advantage of
being a member of the EU. Over the last few years, U.S. companies have
come to recognize that their business interests in Europe are well
served by Irish partners who possess knowledge of EU directives,
regulations, and distribution channels that will allow them to quickly
expand their business throughout the broader EU marketplace. Whatever
their business goals, U.S. companies interested in doing business in
Europe should consider Ireland.
For a full listing of best export prospects to Ireland
and the full Country Commercial Guide to Doing Business in Ireland,
please visit
www.buyusa.gov/ireland
Joan Kanlian, Director, Westchester Export Assistance
Center, served as Acting Senior Commercial Officer in Dublin, Ireland
from July-August 2006 and can be reached at tel: 914-682-6712 or email:
Joan.Kanlian@mail.doc.gov.
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Westchester
County Seeks Participants for
Fall Trade Mission to China
By Scott Fernqvist
Firms
interested in doing business with the world’s fastest growing economy
may want to take advantage of a unique opportunity offered by
Westchester County to participate in a week-long trade mission to
Shanghai/Pudong and east China’s Shandong Province.
In today’s
global economy, Westchester County wants to help ensure that local
companies get a good share of the tremendous increase in international
trade. County Executive Andrew Spano has already led several trade
missions to China and various locations in Europe in support of this
effort.
Norm Jacknis,
the county’s chief information officer and member of past delegations,
said that earlier trips helped Westchester establish the long-term
relationship with Chinese officials that is essential if county
businesses are interested in expanding into China. “We had to lay the
groundwork,” Jacknis said. “When we started, nobody knew what
Westchester was and didn’t have any idea that this was a place where
they might seek partners or for that matter even set up their own
offices. It’s not much different from what private businesses do when
they go into a new market. It’s sort of a natural evolution.”
The trade
mission, now scheduled for mid-October, is an exciting opportunity for
local IT, biotech and environmental engineering companies to explore
growth and joint development prospects offered by two of China’s most
dynamic regions. Known for their accelerating economies, modern
infrastructures and proximity to major trade zones, the Pudong New Area
of Shanghai and Jinan, the capital city of Shandong, present lucrative
opportunities for all types of businesses – especially U.S. companies
offering innovative solutions. Participants will have access to
high-level business, industry and government representatives and
opportunities to gain insight into the country’s trade and investment
climate.
Because the
county’s Chinese hosts have generously offered to subsidize the trip for
Westchester participants, the total cost of the mission is expected to
stay under $2,000 per person.
Those
interested in participating in the fall trade mission are encouraged to
contact Daisy Yau in the Office for Economic Development or Scott
Fernqvist, Special Assistant to the CIO. Yau can be reached at (914)
995-2174 or
dyy2@westchestergov.com; Fernqvist at (914) 995-3078 or
sef1@westchestergov.com.
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