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Tips on when you can use the ™ and the ® symbols

Wednesday, November 30th, 2011

Kimberly Grimsley

Kimberly Grimsley

When companies create new products, they often give the product a unique and clever name, Kim Grimsley, a senior associate at Bowie & Jensen who heads the Trademark Group at the Towson, Maryland business law firm says.

“Often when the new product is about to hit the shelves the company wants to put a trademark symbol on the product name for all to see, but hasn’t registered that unique name as a trademark with the Patent and Trademark Office (PTO) yet,” Grimsley says.

“Clients ask if they can use a ™ or ® symbol with the trademark that is about to hit the market but has yet to be registered,” Grimsley said. “Or must the company wait until registration? Clients always ask what the difference between the symbols is.”

Grimsley says that one symbol does in fact require registration before use, but the other can be used the moment you start using a trademark.

When you can use the “tm” mark

“If a company’s trademark is unregistered, or they have filed a trademark application with the PTO but registration is pending, they may use the ™ symbol on your mark,” she said.

The use of the ™ symbol serves several possible functions. It gives notice to others that the company is using a word, slogan or design as a trademark. It warns others who may be considering a similar trademark to stay away from this one.

It also serves as evidence in applying for registration or in an infringement litigation. For instance, a company can point to your use of the ™ symbol in response to an infringer’s claim that the infringer did not know that a company considered its name or logo design to be a trademark.

Registration symbol use

Once a trademark is federally registered, a company may use the ® symbol as notice to others that the mark is federally registered. In fact, the failure to use the ® symbol may act as a limitation of damages in the event of infringement.

That is because damages may not start to accrue until later, such as after the infringer receives actual notice of the infringement charge, when such notice would have been given by use of the ® symbol.

Moreover, once the trademark is registered, a company will receive the benefits of federal registration, such as nationwide rights and the presumption of a valid trademark. Also, a company’s trademark will be listed as a registered mark on the PTO database, which is available to the public, thus deterring others on a much larger scale from using your trademark.

Maryland grants totaling $3.7M going to 16 firms

Thursday, February 17th, 2011

MtechCOLLEGE PARK, MD – The Maryland Industrial Partnership Program (MIPS) has authorized 16 high technology and biotech product development grants totlaing $3.7 million.

MIPS, an initiative of the Maryland Technology Enterprise Institute (Mtech) at the University of Maryland, fosters technology innovation and creates jobs in Maryland by funding commercially promising product development projects that partner Maryland companies with University System of Maryland researchers. Both companies and MIPS contribute money, all of which supports the work of faculty and graduate students.

The projects combine $2.4 million from participating companies and $1.3 million from MIPS. Funding from the Maryland Department of Natural Resources, Environmental Protection Agency and the Maryland Biotechnology Center supported select MIPS projects.

New technologies approved for funding include: a new, biofuel-producing scrubber to remove CO2 from smokestacks, biofouling screen systems that remove harmful nutrients and sediment from the Chesapeake Bay, a variable-torque wind turbine with a speed converter, pest-resistant soybeans, ultra-thin rechargeable batteries, a system that speeds Internet-via satellite communications and more.

Five are in the Baltimore area, four are in College Park, two are in western Maryland, two are in Frederick, one is in Silver Spring, one is in Dayton, and one is on the lower Eastern Shore.

Companies getting grants include:

Frederick-based Cerona Networkswww.cerona.com ), which gets $268,600 and is developing a broadband Internet-via-satellite system with two-way performance approaching terrestrial Internet connections that saves costs for providers and can be retrofit to existing systems.

Owings Mills-based Differential Dynamics Corporationwww.ddmotion.com ), $160,000 for developing a new type of wind turbine with a speed converter and a variable-torque generator that can reduce the failure rate and maintenance cost, harness more energy, and reduce unit cost.

College Park-based FlexEl LLCwww.flexelinc.com ), $141,025, for developing an integrated battery management system for FlexEl’s thin-film batteries incorporating upstream energy scavenging circuitry and downstream load management circuitry to give end-users an ultra-thin, plug-and-play power solution.

The others are biotech related.

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GlycoMimetics looking for the rest of $50M raise for sweet science

Thursday, October 28th, 2010

GlycomimeticsGAITHERSBURG, MD – GlycoMimetics, a company developing drugs to fight inflammation, cancer and infection is apparently looking for the $11 million or so it has yet to raise from a $50 million round of equity and securities launched in 2009, according to an amended filing with the US Securities and Exchange Commission. The company raised $38.9 million of the round from 15 investors in 2009.

Investors include New Enterprise Associates, The Novartis Venture Fund, Anthem Capital, Genzyme Ventures, Alliance Technology Ventures, PTV Sciences, and the state of Maryland.  The company previously raised about $25 million. New Enterprise led the rounds.

The company focuses glycobiology, the study of the structure, biosynthesis, and biology of saccharides (sugar chains or glycans) that are essential components of life. Glycobiology is involved in inflammation, cancer and infectious diseases. The company’s lead compound, an anti-inflammatory agent, recently completed Phase I clinical trials.

To contact TJS editor/writer Allan Maurer: Allan at TechJournalSouth dot com.

OpGen sequences $17M B round for genome analysis

Monday, September 27th, 2010

OpGenGAITHERSBURG, MD – OpGen Inc., a commercial phase genomics company, has closed  a $17 million Series B equity financing.

The new round of financing was led by jVen Capital with participation from the company’s other major investors, including CHL Medical Partners, Highland Capital Partners, Mason Wells Biomedical and Versant Ventures.

In conjunction with this financing, Evan Jones, managing member of jVen Capital, will lead OpGen’s board as executive chairman. Jones was previously an OpGen board member and has also served as interim chief executive officer of the company.

The company’s Argus Optical Mapping System, which was commercially launched in June 2010, is a platform for automated, microbial whole genome analysis. The system utilizes Optical Mapping Technology to generate ordered, whole genome genetic maps from single DNA molecules.

Unlike current methods, Optical Mapping is not a gel, PCR or sequencing-based approach. Rather, it is a unique technology for generating whole genome, high resolution genetic maps that can be used in strain typing, comparative genomics and whole genome sequence assembly.

Scientists are able to use Argus Optical Maps to view and compare bacterial genomes to each other as well as to in silico sequences. For the first time, researchers can see relationships that would not be detected by other technologies.

The financing is yet another in the string of biotech, medical device, and healthcare firms funded in Maryland this year.

We need to have a talk with the Maryland Biotech Center about the noticeable surge in the life science industry space there in the last year or so.

Maryland’s Sonatype codes in $11.4M funding, names CEO

Monday, September 13th, 2010

SonatypeSILVER SPRING, MD – Sonatype, a company selling products to increase software developer productivity and improve product management, has raised $11.6 million in funding led by Accel Partners with participation from current investors Hummer Winblad Venture Partners, Morgenthaler Ventures and Bay Partners.

Sonatype was founded by Jason Van Zyl, the original author of the Apache Maven build and project management software, and the creator of Maven Central, the primary cloud-based repository for software distribution in the open source world.

The company also named Wayne Jackson as its Chief Executive Officer and member of the Board of Directors. Jackson was previously CEO of Sourcefire (NASDAQ:FIRE) and Riverbed, two of the most successful technology startups of the past 10 years.

The company says growing demand for efficiency in software development has driven an explosion in the use of Maven and Maven Central.

More than 4 million Java developers use Maven, and each week Maven Central receives more than 62 million hits from 258 thousand developers in 26 thousand unique organizations (including 78 of the Global 100).e.

In addition to Maven and Maven Central, Sonatype is the caretaker of, or a key contributor to, other popular projects including: Nexus, the Java community’s most popular repository manager; m2eclipse, the only Eclipse IDE environment optimized for MavenP2, the leading provisioning platform for the Eclipse IDE.

The company says the  new funding will enable the company to invest in product innovation and to deliver on evolving needs of a large and growing open source user community. Sonatype’s new offerings will help developers to deliver better software faster, while improving economics and efficiency for enterprise customers.

New Board member Sameer Gandhi, a general partner at Accel Partners, stated: “It is great to be working with Wayne again after our successful partnership at Sourcefire (NASDAQ:FIRE). Wayne has a strong track record of recognizing breakthrough technology opportunities. With the current growth of Java, agile computing, and cloud services, Sonatype is uniquely positioned to build tremendous value by delivering solutions that transform software development from a cost center to a strategic business asset.”

Maryland-based GloboKasNet nabs $2M funding

Wednesday, September 8th, 2010

GknCHEVY CHASE, MD - GloboKasNet, a Chevy Chase, MD-based company providing cashless payment services aimed at the poor in developing nations, had raised a $2 million equity round from investors including Accion International’s Frontier Investment Group and Elevar Equity.

The company provides merchants such as pharmacies, hardware stores and general stores with a with a point of sale (POS) device that enables them to perform all the functions of a bank teller or ATM machine using their own cash.

ACCION’s Frontier Investment Group is an early stage equity fund that invests in breakthrough technologies and disruptive business models that can powerfully enhance the way financial services are delivered to the poor.

Monica Brand, fund manager for Frontier Investments, said, “Innovative payment systems such as GKN’s lie at the heart of our mandate — to bring groundbreaking technologies to the traditional microfinance business model and radically reduce the cost of expanding financial inclusion.”

Elevar Equity is a leading equity investor focused on the underserved four billion in emerging economies such as India, Mexico, Peru and Brazil.

TEDCO invests more than $1M in 15 Maryland startups

Tuesday, August 31st, 2010

Tedco

COLUMBIA, MD – The Maryland Technology Development Corp. (TEDCO) has invested $1.12 million in 15 Maryland startups, each receiving $75,000.

“From devices that will make great medical contributions to technologies that will change the face of modern agriculture, TEDCO’s Maryland Technology Transfer and Commercialization Fund helps a wide-range of innovations become a reality,” said John Wasilisin, acting president and executive director of TEDCO.

“This million-dollar investment will contribute to the quality and safety of our everyday lives and we look forward to following the progression of these promising technologies as they move from the laboratory to the marketplace.”

To date, 134 companies have received funding from MTTCF and completed their projects. With an investment of more than $9.3 million, these companies have gone on to receive downstream funding from angel and venture investors, federal awards and other resources exceeding $394.8 million. This is a leverage of the state’s investment through TEDCO of $42.4 to $1.

Companies funded in this round are:

  • Amidus, Baltimore, is working with the University of Maryland Baltimore County (UMBC) Tech Center to provide innovative technology solutions using custom algorithms that have wide applicability, especially in the events industry.
  • Cognapse, Baltimore, is a healthcare company working with the Emerging Technology Center to focus on diseases and disorders of the brain as people age, such as Alzheimer’s. Remiva, the company’s first product, expected to be launched in 2011, is a proprietary combination of natural supplements and vitamins.
  • CYNCZ, Germantown, Md., is working with the Germantown Life Sciences Incubator to provide an automatic self-updating address book that can aggregate all contact data sources including emails, Customer Relationship Management (CRM), mobile phones and social networking sites.
  • Differential Dynamics Corp. (DDMotion), Owings Mills, Md., is working with the University of Maryland College Park (UMCP) to introduce an all-mechanical green technology called Infinitely Variable Motion Control (IVMC) which has applications for power generation, compression, air conditioning, and vehicle transmissions. DDMotion is using TEDCO’s grant to enable IVMC to convert variable wind speed into constant output, allowing wind power generation that is capable of capturing a greater portion of available energy.
  • Hememics Biotechnologies Inc., Rockville, Md., is working with the Shady Grove Life Sciences Center to provide ambient temperature shipping services to in-vitro diagnostic reagent manufacturers of cells at lower cost, while also extending the shelf life of many cell-based perishable products.
  • Nour Immune Inc., Annapolis, is working with UMCP to create “proof of concept” for the Federal Drug Administration (FDA), which will demonstrate the in-vivo activity of its newly created anti-inflammatory agent, Nourexin-4, in a mouse model of H1N1 influenza infections. Nourexin-4, once developed and commercialized, will also have the potential to combat overactive inflammation in other diseases such as Hepatitis C and Sepsis.
  • NutriGrown, Columbia, Md., is working with the United States Department of Agriculture Agricultural Research Services (USDA ARS) to produce a line of matrix-based, soil nutrient products designed to reduce nitrogen and phosphorous leaching by up to 80 percent, resulting in reduced nutrient leaching and enhanced plant growth.
  • Omic Biosystems Inc., Rockville, Md., is working with the University of Maryland Biotechnology Institute (UMBI) to create technological solutions for modern omics-based biological sciences such as genomics, proteomics, metabolomics and system biology.
  • Pearl LifeScience Partners, Baltimore, is working with the UMBC Tech Center to bioengineer “synthetic dendritic cells” which are capable of stimulating an immune response against foreign agents. These synthetic dendritic cells will then act as host cells infected with an enveloped virus that subsequently replicates and stimulates the cell surface molecules which stimulate the immune system.
  • Plasmonix Inc., Baltimore, is working with UMBI to develop Metal Enhanced Fluorescence (MEF) microplates that provide life science researchers with multiple thousand- fold increases in fluorescent signal assays. Once the MEF microplate product line is well-established, the company will introduce applications in the areas of biohazard detection and medical diagnostics.
  • Quantum Medical Metrics, Baltimore, is working with the John Hopkins University Applied Physics Laboratory (JHU APL) and the UMBC Tech Center to refine, clinically test and produce an affordable, high performance Forearm Strength System for accurately estimating the strength of the forearm, which is one of the most common sites for osteoporotic fractures.
  • Remedium Technologies Inc., College Park, Md., is working with UMCP to develop a propriety novel hemorrhage controlling technology called “Nano-Velcro.” Nano-Velcro is a wound care technology and user-friendly hemostat, which is able to orchestrate the rapid, self-assembly of a clot-like seal upon contact with blood.
  • SAJE Pharma,  Baltimore, is working with Johns Hopkins University (JHU) to develop new therapeutic drugs that provide significant benefits over currently available therapies. The company’s current lead compound, SPL-334 is being developed to treat asthma.
  • Seguro Surgical Inc., located in Columbia, Md., is working with JHU to develop the Lap Pak ™, a medical device for the efficient and secure packing of bowels which will expose the surgical site during major abdominal surgeries.
  • Viracine Therapeutics Corp., located in Columbia, Md., is working with the USDA ARS to develop and characterize a series of genetic promoters for DNA containing viruses infecting invertebrates, such as shrimp, that are pantropic in nature and can be used to prevent plant diseases.

Maryland Tech Enterprise Institute facility doubling its size

Thursday, August 26th, 2010

marylandbiotechcenterCOLLEGE PARK, MD – The Maryland Technology Enterprise Institute (Mtech) Bioprocess Scale-Up Facility (BSF) is doubling its facility and staff size with a $200,000 grant from the Maryland Biotechnology Center.

“The purpose of providing this funding to the university is to make sure the BSF’s capabilities are available to the growing number of biotechnology companies in Maryland,” says Judith Britz, executive director of the Maryland Biotechnology Center.

“Expanding cell culture and related services into the I-270 corridor ensures that companies in that region have ready access to these important capabilities.”

The BSF, part of Mtech’s Biotechnology Research and Education Program, is a modern bioprocessing laboratory that helps companies scale-up and manufacture biotechnology products and processes, and provides practical training for the region’s workforce and students.

Much of the BSF’s work is done using fermentation, growing drug candidates or other biologicals using bacteria on a contract basis.

Through the MBC grant, the BSF will expand to Shady Grove, with the added space dedicated to non-GMP fermentation and cell culture programs.

Medco buying United BioSource for $730M

Monday, August 16th, 2010

MedcoBETHESDA, MD & FRANKLIN LAKES, NJ – Medco Health Solutions Inc. (NSE:MHS) has agreed to buy Bethesda, MD-based United BioSource Solutions for about $730 million in cash.

Medco says the acquisition extends its core capabilities in data analytics and research.

We’re continuing to see significant dealflow in the Maryland biotech and pharma scene, from startups to established players.

UBC is an information services business. Its services revolve around safety and risk management, as well as health economics and outcomes research, and have included large prospective safety studies, risk evaluation and mitigation studies, cost-benefit and cost-effectiveness evaluations, budget-impact modeling, and epidemiologic studies.

It has had an annual growth rate of more than 20 percent and anticipates 201o revenues of about $280 million.

“To meet the three main objectives of national healthcare reform – improving quality and reducing costs in order to extend access – it is more critical than ever to ensure that our use of medicines is driven by scientific evidence and proven economic value,” said David B. Snow Jr., Medco Chairman and CEO.

“The acquisition of UBC represents Medco’s ongoing commitment to provide innovation and value in healthcare, extending our global footprint into the areas of health information technology, information services and research.”

UBC