A plumber is a tradesperson who specializes in installing and maintaining systems used for potable water and drainage in plumbing systems. The term dates from ancient times and is related to the Latin word for lead, "plumbum"; the word "plumber" dates from the Roman Empire. The Latin for lead is plumbum. Roman roofs used lead in conduits and drain pipes and some were covered with lead, lead was used for piping and for making baths. In medieval times anyone who worked with lead was referred to as a plumber as can be seen from an extract of workmen fixing a roof in Westminster Palace and were referred to as plumbers "To Gilbert de Westminster, working about the roof of the pantry of the little hall, covering it with lead, about various defects in the roof of the little hall", thus a person with expertise in working with lead was first known as a Plumbarius, shortened to plumber. Years of training and/or experience are needed to become a skilled plumber; some needed skills and values. Protecting health and welfare of the nation is the top priority of a plumber along with, Reading drawings, specifications to determine layout of water supply and venting systems Detecting faults in plumbing appliances and systems, diagnosing their causes Installing and maintaining domestic and industrial plumbing fixtures and systems Locating and marking positions for pipe connections, passage holes, fixtures in walls and floors Measuring, cutting and threading pipes using hand and power tools or machines Joining pipes and fittings together using soldering techniques, compression fittings, threaded fittings, push-on fittings.
Testing pipes for leaks using air and water pressure gauges Awareness of legal regulations and safety issues Ensuring safety standards and building regulations are met. Copper Piping Hydronic heating system installation and maintenance. ADA Compliance Potable Water Systems Sanitary Waste & Vent Plumbing Code Compliance Acid Waste Grease trap interceptors Heating Hot Water Chill Water Backflow Preventers Natural Gas Storm Drains Seismic New Construction Urinals Flush Valves Toilet Chair Carriers Floor Drains Floor Cleanouts Combination waste & Vent Floor Sinks Operate a Plumber's Snake to unclog sanitary sewers & drains. Perform a Pipeline Video Inspection of a sanitary sewer or drain. Replace Sump Pumps & Install Sump Pit Basins; each state and locality may have its own taxing schemes for plumbers. There is no federal law establishing licenses for plumbers. In Canada, licensing requirements differ by province, however the provinces have pooled resources to develop an Interprovincial Program Guide that developed and maintains apprenticeship training standards across all provinces.
The result is. National Vocational Qualifications remained the main form of plumbing qualification until they were superseded in 2008 by the Qualification and Credit Framework and again into the National qualifications frameworks in the United Kingdom in 2015; the terms NVQ and SVQ are still used. Plumbers in the United Kingdom are required to pass Level 2 and Level 3 vocational requirements of the City and Guilds of London Institute. There are several regulatory bodies in the United Kingdom providing accredited plumbing qualifications, including City and Guilds of London Institute and Pearson PLC. Plumbers in Australia have licensing requirements that differ from state to state but it is accepted a 4-year apprenticeship with further minimum experience of 2 years and a further curricular requirement as a benchmark for licensing. Licensed plumbers are expected to maintain minimum relevant training requirements to maintain their plumbing license; the availability of 24-hour emergency plumbing services is an important advantage among competitors, as well as a massive factor to take in consideration for clientele looking for an emergency plumber in Sydney, an emergency plumber in Melbourne or in any other area in Australia.
In Ireland, a 4-year apprenticeship plus qualification exam was necessary for someone to practice professionally. Accreditation of businesses is of great help in order to show their credibility and experience in the job. Offering emergency call out services is an edge among competitors and a huge factor to consider for people looking for an emergency plumber in Dublin on in any area in Ireland. There are many types of dangers to a plumber; some of them are strains and sprains and lacerations, bruises and contusions, fractures and scalds, foreign bodies in the eye, hernias. On a construction site there are many dangers. Without protective measures, a ditch can collapse on a plumber, at the bottom of one. A plumber can fall down a hole; when a person has a blockage in their sewage system they try to fix it themselves by adding an acid or a base such as Drano in an attempt to dissolve or dislodge the problem. These chemicals can get into the plumbers eyes; the plumbers skin during the repair does come into contact with the sewage water.
The owner of the toilet might not report to the plumber they have tried Drano a caustic base. Plumbers risk infections. Microbes can be excreted in the feces or vomit of the sufferer onto the sewage pipes. Human waste can contain infectious diseases such as cholera, hepatitis, cryptosporidiosis and schistosomiasis; the term "White House Plumbers" was a popular name given to the
In patent, industrial design rights and trademark laws, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. The priority right allows the claimant to file a subsequent application in another country for the same invention, design, or trademark effective as of the date of filing the first application; when filing the subsequent application, the applicant must claim the priority of the first application in order to make use of the right of priority. The right of priority belongs to his successor in title; the period of priority, i.e. the period during which the priority right exists, is 6 months for industrial designs and trademarks and 12 months for patents and utility models. The period of priority is referred to as the priority year for patents and utility models. In patent law, when a priority is validly claimed, the date of filing of the first application, called the priority date, is considered to be the effective date of filing for the examination of novelty and inventive step or non-obviousness for the subsequent application claiming the priority of the first application.
In other words, the prior art, taken into account for examining the novelty and inventive step or non-obviousness of the invention claimed in the subsequent application would not be everything made available to the public before the filing date but everything made available to the public before the priority date, i.e. the date of filing of the first application. The "basic purpose is to safeguard, for a limited period, the interests of a patent applicant in his endeavour to obtain international protection for his invention, thereby alleviating the negative consequences of the principle of territoriality in patent law." The "Paris Convention priority right" called "Convention priority right" or "Union priority right", is a "priority right" under a multilateral arrangement, defined by Article 4 of the Paris Convention for the Protection of Industrial Property of 1883. The Convention priority right is the most known priority right, it is defined by its Article 4 A.: Article 4 B. of the Paris Convention describes the effects of the priority right: Article 2 paragraph 1 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights in conjunction with the Paris Convention provides a "derived" Convention priority right.
That is, while WTO members need not ratify the Paris Convention, they should however comply with Articles 1 through 12, Article 19, of the Paris Convention.. Some priority rights are defined by a multilateral convention such as the European Patent Convention or the Patent Cooperation Treaty; the Paris Convention does not cover priorities claimed in a European patent application or in an international application, as the EPC and the PCT have their own legal provisions regarding priority. Article 87 EPC defines the priority right system under the EPC or more recognise priority rights for first filings in or for States party to the Paris Convention or any Member of the World Trade Organization: Article 89 EPC describes the effect of the priority right: As explained by the Enlarged Board of Appeal of the European Patent Office in its decision G 3/93 of August 16, 1994: Regarding the critical question "What is'the same invention'?" in Article 87 EPC, opinion G 2/98 prescribes a photographic approach to the assessment of priority.
According to Enlarged Board of Appeal opinion G 2/98, the requirement for claiming priority of "the same invention" means that priority of a previous application in respect of a claim in a European patent application is to be acknowledged only if the skilled person can derive the subject-matter of the claim directly and unambiguously, using common general knowledge, from the previous application as a whole. The Patent Cooperation Treaty, in its Article 8, provides the possibility of claiming a right of priority for the filing of an international application: Rule 4.10 PCT goes on to mention that: However, Rule 4.10 as amended with effect from January 1, 2000 does not apply to all designated Offices. For instance, for the European Patent Office as designated Office, the old Rule 4.10 still applied until December 12, 2007, that is, rights of priority of first applications made in a WTO member not party to the Paris Convention were not recognised. Now and more for European patent applications filed on or after December 13, 2007, the rights of priority of first applications made in a WTO member are recognized under the European Patent Convention.
Some priority rights, called "internal priority rights", are defined by some national laws. Such internal priority right allows an applicant who filed a first application in a given country to claim the priority of the first application when filing a subsequent application in the same country; the Paris Convention does not cover internal priority rights. See, e.g. provisional application in the US. Some priority rights exist on the basis of bilateral agreements. A bilateral agreement between a first and a second country may allow an applicant who filed an application in the first country to claim the priority of the first application when filing a second application in the second country; these kinds of bilateral agreements involve at least one country not party to the Paris
The United States of America known as the United States or America, is a country composed of 50 states, a federal district, five major self-governing territories, various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U. S. is the third most populous country. The capital is Washington, D. C. and the largest city by population is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico; the State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean; the U. S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The diverse geography and wildlife of the United States make it one of the world's 17 megadiverse countries.
Paleo-Indians migrated from Siberia to the North American mainland at least 12,000 years ago. European colonization began in the 16th century; the United States emerged from the thirteen British colonies established along the East Coast. Numerous disputes between Great Britain and the colonies following the French and Indian War led to the American Revolution, which began in 1775, the subsequent Declaration of Independence in 1776; the war ended in 1783 with the United States becoming the first country to gain independence from a European power. The current constitution was adopted in 1788, with the first ten amendments, collectively named the Bill of Rights, being ratified in 1791 to guarantee many fundamental civil liberties; the United States embarked on a vigorous expansion across North America throughout the 19th century, acquiring new territories, displacing Native American tribes, admitting new states until it spanned the continent by 1848. During the second half of the 19th century, the Civil War led to the abolition of slavery.
By the end of the century, the United States had extended into the Pacific Ocean, its economy, driven in large part by the Industrial Revolution, began to soar. The Spanish–American War and World War I confirmed the country's status as a global military power; the United States emerged from World War II as a global superpower, the first country to develop nuclear weapons, the only country to use them in warfare, a permanent member of the United Nations Security Council. Sweeping civil rights legislation, notably the Civil Rights Act of 1964, the Voting Rights Act of 1965 and the Fair Housing Act of 1968, outlawed discrimination based on race or color. During the Cold War, the United States and the Soviet Union competed in the Space Race, culminating with the 1969 U. S. Moon landing; the end of the Cold War and the collapse of the Soviet Union in 1991 left the United States as the world's sole superpower. The United States is the world's oldest surviving federation, it is a representative democracy.
The United States is a founding member of the United Nations, World Bank, International Monetary Fund, Organization of American States, other international organizations. The United States is a developed country, with the world's largest economy by nominal GDP and second-largest economy by PPP, accounting for a quarter of global GDP; the U. S. economy is post-industrial, characterized by the dominance of services and knowledge-based activities, although the manufacturing sector remains the second-largest in the world. The United States is the world's largest importer and the second largest exporter of goods, by value. Although its population is only 4.3% of the world total, the U. S. holds 31% of the total wealth in the world, the largest share of global wealth concentrated in a single country. Despite wide income and wealth disparities, the United States continues to rank high in measures of socioeconomic performance, including average wage, human development, per capita GDP, worker productivity.
The United States is the foremost military power in the world, making up a third of global military spending, is a leading political and scientific force internationally. In 1507, the German cartographer Martin Waldseemüller produced a world map on which he named the lands of the Western Hemisphere America in honor of the Italian explorer and cartographer Amerigo Vespucci; the first documentary evidence of the phrase "United States of America" is from a letter dated January 2, 1776, written by Stephen Moylan, Esq. to George Washington's aide-de-camp and Muster-Master General of the Continental Army, Lt. Col. Joseph Reed. Moylan expressed his wish to go "with full and ample powers from the United States of America to Spain" to seek assistance in the revolutionary war effort; the first known publication of the phrase "United States of America" was in an anonymous essay in The Virginia Gazette newspaper in Williamsburg, Virginia, on April 6, 1776. The second draft of the Articles of Confederation, prepared by John Dickinson and completed by June 17, 1776, at the latest, declared "The name of this Confederation shall be the'United States of America'".
The final version of the Articles sent to the states for ratification in late 1777 contains the sentence "The Stile of this Confederacy shall be'The United States of America'". In June 1776, Thomas Jefferson wrote the phrase "UNITED STATES OF AMERICA" in all capitalized letters in the headline of his "original Rough draught" of the Declaration of Independence; this draft of the document did not surface unti
AT&T Inc. is an American multinational conglomerate holding company headquartered at Whitacre Tower in Downtown Dallas, Texas. It is the world's largest telecommunications company, the second largest provider of mobile telephone services, the largest provider of fixed telephone services in the United States through AT&T Communications. Since June 14, 2018, it is the parent company of mass media conglomerate WarnerMedia, making it the world's largest media and entertainment company in terms of revenue; as of 2018, AT&T is ranked #9 on the Fortune 500 rankings of the largest United States corporations by total revenue. AT&T began its history as Southwestern Bell Telephone Company, a subsidiary of the Bell Telephone Company, founded by Alexander Graham Bell in 1880; the Bell Telephone Company evolved into American Telephone and Telegraph Company in 1885, which rebranded as AT&T Corporation. The 1982 United States v. AT&T antitrust lawsuit resulted in the divestiture of AT&T Corporation's subsidiaries or Regional Bell Operating Companies, resulting in several independent companies including Southwestern Bell Corporation.
In 2005, SBC purchased its former parent AT&T Corporation and took on its branding, with the merged entity naming itself AT&T Inc. and using its iconic logo and stock-trading symbol. In 2006, AT&T Inc. acquired BellSouth, the last independent Baby Bell company, making their joint venture Cingular Wireless wholly owned and rebranding it as AT&T Mobility. The current AT&T reconstitutes much of the former Bell System, includes ten of the original 22 Bell Operating Companies along with the original long distance division. AT&T can trace its origin back to the original Bell Telephone Company founded by Alexander Graham Bell after his patenting of the telephone. One of that company's subsidiaries was American Telephone and Telegraph Company, established in 1885, which acquired the Bell Company on December 31, 1899, for legal reasons, leaving AT&T as the main company. AT&T established a network of subsidiaries in the United States and Canada that held a government-authorized phone service monopoly, formalized with the Kingsbury Commitment, throughout most of the twentieth century.
This monopoly was known as the Bell System, during this period, AT&T was known by the nickname Ma Bell. For periods of time, the former AT&T was the world's largest phone company. In 1982, U. S. regulators broke up the AT&T monopoly, requiring AT&T to divest its regional subsidiaries and turning them each into individual companies. These new companies were known as Regional Bell Operating Companies, or more informally, Baby Bells. AT&T continued to operate long distance services, but as a result of this breakup, faced competition from new competitors such as MCI and Sprint. Southwestern Bell was one of the companies created by the breakup of AT&T Corp; the architect of divestiture for Southwestern Bell was Robert G. Pope; the company soon started a series of acquisitions. This includes the 1987 acquisition of Metromedia mobile business and the acquisition of several cable companies in the early 1990s. In the half of the 1990s, the company acquired several other telecommunications companies, including some Baby Bells, while selling its cable business.
During this time, the company changed its name to SBC Communications. By 1998, the company was in the top 15 of the Fortune 500, by 1999 the company was part of the Dow Jones Industrial Average. In 2005, SBC purchased AT&T for $16 billion. After this purchase, SBC adopted the better-known AT&T name and brand, with the original AT&T Corp. still existing as the long-distance landline subsidiary of the merged company. The current AT&T claims the original AT&T Corp.'s history as its own, though its corporate structure only dates from 1983. It retains SBC's pre-2005 stock price history, all regulatory filings prior to 2005 are for Southwestern Bell/SBC, not AT&T Corp. In September 2013, AT&T Inc. announced it would expand into Latin America through a collaboration with América Móvil. In December 2013, AT&T announced plans to sell its Connecticut wireline operations to Stamford-based Frontier Communications. AT&T purchased the Mexican carrier Iusacell in late 2014, two months purchased the Mexican wireless business of NII Holdings, merging the two companies to create AT&T Mexico.
In July 2015, AT&T purchased DirecTV for $48.5 billion, or $67.1 billion including assumed debt, subject to certain conditions. AT&T subsequently announced plans to converge its existing U-verse home internet and IPTV brands with DirecTV, to create AT&T Entertainment. In an effort to increase its media holdings, on October 22, 2016, AT&T announced a deal to buy Time Warner for $108.7 billion. AT&T owns a 2% stake in Canadian-domiciled entertainment company Lionsgate. On July 13, 2017, it was reported that AT&T would introduce a cloud-based DVR streaming service as part of its effort to create a unified platform across DirecTV and its DirecTV Now streaming service, with U-verse to be added soon. In October 2018, it was announced that the service Is set to launch in 2019On September 12, 2017, it was reported that AT&T planned to launch a new cable TV-like service for delivery over-the-top over its own or a competitor's broadband network sometime next year. On November 20, 2017, Assistant Attorney General Makan Delrahim filed a lawsuit for the United States Department of Justice Antitrust Division to block the merger with Time Warner, saying it "will harm competition, result in higher bills for consumers and less innovation."
In order for AT&T to acquire Time Warner, the Department of Justice stated that the company must
Morse code is a character encoding scheme used in telecommunication that encodes text characters as standardized sequences of two different signal durations called dots and dashes or dits and dahs. Morse code is named for Samuel F. B. Morse, an inventor of the telegraph; the International Morse Code encodes the 26 English letters A through Z, some non-English letters, the Arabic numerals and a small set of punctuation and procedural signals. There is no distinction between lower case letters; each Morse code symbol is formed by a sequence of dashes. The dot duration is the basic unit of time measurement in Morse code transmission; the duration of a dash is three times the duration of a dot. Each dot or dash within a character is followed by period of signal absence, called a space, equal to the dot duration; the letters of a word are separated by a space of duration equal to three dots, the words are separated by a space equal to seven dots. To increase the efficiency of encoding, Morse code was designed so that the length of each symbol is inverse to the frequency of occurrence in text of the English language character that it represents.
Thus the most common letter in English, the letter "E", has the shortest code: a single dot. Because the Morse code elements are specified by proportion rather than specific time durations, the code is transmitted at the highest rate that the receiver is capable of decoding; the Morse code transmission rate is specified in groups per minute referred to as words per minute. Morse code is transmitted by on-off keying of an information carrying medium such as electric current, radio waves, visible light or sound waves; the current or wave is present during time period of the dot or dash and absent during the time between dots and dashes. Morse code can be memorized, Morse code signalling in a form perceptible to the human senses, such as sound waves or visible light, can be directly interpreted by persons trained in the skill; because many non-English natural languages use other than the 26 Roman letters, Morse alphabets have been developed for those languages. In an emergency, Morse code can be generated by improvised methods such as turning a light on and off, tapping on an object or sounding a horn or whistle, making it one of the simplest and most versatile methods of telecommunication.
The most common distress signal is SOS – three dots, three dashes, three dots – internationally recognized by treaty. Early in the nineteenth century, European experimenters made progress with electrical signaling systems, using a variety of techniques including static electricity and electricity from Voltaic piles producing electrochemical and electromagnetic changes; these numerous ingenious experimental designs were precursors to practical telegraphic applications. Following the discovery of electromagnetism by Hans Christian Ørsted in 1820 and the invention of the electromagnet by William Sturgeon in 1824, there were developments in electromagnetic telegraphy in Europe and America. Pulses of electric current were sent along wires to control an electromagnet in the receiving instrument. Many of the earliest telegraph systems used a single-needle system which gave a simple and robust instrument. However, it was slow, as the receiving operator had to alternate between looking at the needle and writing down the message.
In Morse code, a deflection of the needle to the left corresponded to a dot and a deflection to the right to a dash. By making the two clicks sound different with one ivory and one metal stop, the single needle device became an audible instrument, which led in turn to the Double Plate Sounder System; the American artist Samuel F. B. Morse, the American physicist Joseph Henry, Alfred Vail developed an electrical telegraph system, it needed a method to transmit natural language using only electrical pulses and the silence between them. Around 1837, therefore, developed an early forerunner to the modern International Morse code. William Cooke and Charles Wheatstone in England developed an electrical telegraph that used electromagnets in its receivers, they obtained an English patent in June 1837 and demonstrated it on the London and Birmingham Railway, making it the first commercial telegraph. Carl Friedrich Gauss and Wilhelm Eduard Weber as well as Carl August von Steinheil used codes with varying word lengths for their telegraphs.
In 1841, Cooke and Wheatstone built a telegraph that printed the letters from a wheel of typefaces struck by a hammer. The Morse system for telegraphy, first used in about 1844, was designed to make indentations on a paper tape when electric currents were received. Morse's original telegraph receiver used a mechanical clockwork to move a paper tape; when an electrical current was received, an electromagnet engaged an armature that pushed a stylus onto the moving paper tape, making an indentation on the tape. When the current was interrupted, a spring retracted the stylus and that portion of the moving tape remained unmarked. Morse code was developed so that operators could translate the indentations marked on the paper tape into text messages. In his earliest code, Morse had planned to transmit only numerals and to use a codebook to look up each word according to the number, sent. However, the code was soon expanded by Alfred Vail in 1840 to include letters and special characters so it could be used more generally.
Vail estimated the frequency of use of letters in the English language by counting the movable type he found in the type-cases of a local newspaper in Morristown. The shorter marks were called "dots" and the longer ones "dashes", the letters most used were assigned the shorter sequences of dots and dashes; this code was used since 1844 and became known as Morse lan
Paris Convention for the Protection of Industrial Property
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property; the Convention is still in force. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules. According to Articles 2 and 3 of this treaty and natural persons who are either national of or domiciled in a state party to the Convention shall, as regards the protection of industrial property, enjoy in all the other countries of the Union, the advantages that their respective laws grant to nationals. In other words, when an applicant files an application for a patent or a trademark in a foreign country member of the Union, the application receives the same treatment as if it came from a national of this foreign country. Furthermore, if the intellectual property right is granted, the owner benefits from the same protection and the same legal remedy against any infringement as if the owner was a national owner of this right.
The "Convention priority right" called "Paris Convention priority right" or "Union priority right", was established by Article 4 of the Paris Convention, is regarded as one of the cornerstones of the Paris Convention. It provides that an applicant from one contracting State shall be able to use its first filing date as the effective filing date in another contracting State, provided that the applicant, or his successor in title, files a subsequent application within 6 months or 12 months from the first filing. Article 11 of the Paris Convention requires that the Countries of the Union "grant temporary protection to patentable inventions, utility models, industrial designs, trademarks, in respect of goods exhibited at official or recognized international exhibitions held in the territory of any of them". If a patent or trademark registration is applied for during the temporary period of protection, the priority date of the application may be counted "from the date of introduction of the goods into the exhibition" rather than from the date of filing of the application, if the temporary protection referred to in Article 11 has been implemented in such a manner in national law.
There are, other means for the Countries of the Union to implement in their national law the temporary protection provided for in Article 11 of the Paris Convention: It is possible, for example, in the case of exhibited patentable inventions, to make provision for temporary protection by other means, namely, by prescribing that, during a certain period, such exhibition will not destroy the novelty of the invention and that the person who exhibits the invention will be protected against usurpation of his invention by third parties. Still another possibility of protection consists in the recognition of a right of prior use in favor of the exhibitor as against possible rights acquired by third parties. According to Articles 4bis and 6, for foreigners, the application for a patent or the registration of a trademark shall be determined by the member state in accordance with their national law and not by the decision of the country of origin or any other countries. Patent applications and trademark registrations are independent among contracting countries.
After a diplomatic conference in Paris in 1880, the Convention was signed in 1883 by 11 countries: Belgium, France, Italy, the Netherlands, Portugal, El Salvador, Serbia and Switzerland. Guatemala, El Salvador and Serbia reapplied the convention via accession; the Treaty was revised at Brussels, Belgium, on 14 December 1900, at Washington, United States, on 2 June 1911, at The Hague, Netherlands, on 6 November 1925, at London, United Kingdom, on 2 June 1934, at Lisbon, Portugal, on 31 October 1958, at Stockholm, Sweden, on 14 July 1967, was amended on 28 September 1979. As of January 2019, the Convention has 177 contracting member countries, which makes it one of the most adopted treaties worldwide. Notably and Burma are not parties to the Convention. Austria-Hungary Czechoslovakia Orange Free State 1899–31 May 1902 Colony of Queensland Serbia and Montenegro Soviet Union Yugoslavia; the Paris Convention is administered by the World Intellectual Property Organization, based in Geneva, Switzerland.
Agreement on Trade-Related Aspects of Intellectual Property Rights Berne Convention for the Protection of Literary and Artistic Works Budapest Treaty Convention Establishing the World Intellectual Property Organization Patent Cooperation Treaty Patent Law Treaty US provisional patent application Substantive Patent Law Treaty World Intellectual Property Organization Bodenhausen, G. H. C.. Guide to the Application of the Paris Convention for the Protection of Industrial Property As Revised at Stockholm in 1967. United International Bureaux for the Protection of Intellectual Property. ISBN 92-805-0368-5. Retrieved 28 December 2016. Wieczorek, Reinhard. Die Unionspriorität im Grundfragen des Artikels 4 der Pariser Verbandsübereinkunft. Köln: C. Heymanns. ISBN 3-452-17822-6. Paris C
Concurrent use registration
A concurrent use registration, in United States trademark law, is a federal trademark registration of the same trademark to two or more unrelated parties, with each party having a registration limited to a distinct geographic area. Such a registration is achieved by filing a concurrent use application and prevailing in a concurrent use proceeding before the Trademark Trial and Appeal Board, a judicial body within the United States Patent and Trademark Office. A concurrent use application may be filed with respect to a trademark, registered or otherwise in use by another party, but may be allowed to go forward based on the assertion that the existing use can co-exist with the new registration without causing consumer confusion; the authority for this type of registration is set forth in the Lanham Act, which permits concurrent use registration where the concurrent use applicant made a good-faith adoption of the mark prior to the registrant filing an application for registration. Such registrations are most achieved by agreement of the parties involved, although the USPTO must still determine that no confusion will be caused.
The authority of the USPTO to issue a concurrent use registration is set forth in the Lanham Act, section 2, enacted in 1947 and coded at 15 U. S. C. § 1052, which states in relevant part: Provided: That if the Director determines that confusion, mistake, or deception is not to result from the continued use by more than one person of the same or similar marks under conditions and limitations as to the mode or place of use of the marks or the goods on or in connection with which such marks are used, concurrent registrations may be issued to such persons when they have become entitled to use such marks as a result of their concurrent lawful use in commerce prior to the earliest of the filing dates of the applications pending or of any registration issued under this Act. Use prior to the filing date of any pending application or a registration shall not be required when the owner of such application or registration consents to the grant of a concurrent registration to the applicant. Concurrent registrations may be issued by the Director when a court of competent jurisdiction has determined that more than one person is entitled to use the same or similar marks in commerce.
In issuing concurrent registrations, the Director shall prescribe conditions and limitations as to the mode or place of use of the mark or the goods on or in connection with which such mark is registered to the respective persons. Through these provisions, the Act places three requirements on marks for which a applicant seeks a concurrent use registration: 1) the applicant must have used the mark in commerce prior to the time that the earlier registrant filed its application for registration, unless the senior registrant consents to the junior user's registration; the statute codifies the Tea Rose-Rectanus doctrine, established by the United States Supreme Court in two cases decided in 1916 and 1918. The Court had established in those cases that a junior user of a mark, geographically remote from the senior user of the mark may establish priority over a senior user's claim to the mark in the junior user's area. Any party may voluntarily limit the geographic scope of its application while conceding the rights of another party to a different geographic territory.
A concurrent use application may not be filed based on a party's intent to use a mark, but must rely on actual use in commerce. The concurrent use application must identify all other parties who are entitled to use the mark, provide the names and addresses of the parties identified. Instead of making the usual assertion that no other party has the right to use the mark, the applicant must assert that no other party "except as specified in the application" has such a right. Where two or more geographically unrestricted applications are pending at the same time, no registration has yet been issued, the USPTO will proceed with the earliest application, put all applications on hold pending a determination on the earliest. By the terms of the Act, the critical dates with respect to concurrent registration are the date of the applicant's first use and the earliest filing date of any other registrant. In other words, as the Trademark Trial and Appeal Board Manual of Procedure states, "an application seeking concurrent registration through a concurrent use proceeding must assert a date of first use in commerce prior to the earliest application filing date of the application... involved in the proceeding."The Lanham Act requires that an Applicant's use in commerce must have been lawful.
The TTAB has read this to mean that the applicant's use must not have infringed another party's use at the time that applicant adopted its mark. Therefore, one potential pitfall facing applicant is that "enerally, concurrent rights arise when a party, in good faith, without knowledge of a prior party's use in another geographic area and uses the same or similar mark for the same or similar goods or services within its own geographic area."The mere fact that an applicant's use was geographically remote from