Year: 2022

Mastering the Oil Industry Analysis to Safeguard Engines

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Within oil industry analysis, quality of oil has become a critical factor in achieving the goals in various applications. One of the ways it is possible to understand and gauge the health of any type of engine is through an analysis of the oil that comes from it. This is a quick look, rather than an overall understanding of the health of an engine, but it can provide outstanding information and resources to a vehicle owner. From cars to airplanes, this process helps gather important information.

What Should This Type of Examination Include?

Those in oil industry analysis need to consider a variety of components. No matter the application, a breakdown of the quality of the material is essential. This is done through these three exams:

1. Viscosity testing

In this type of test, the goal is to understand the thickness of the product, also known as the grade. This varies, of course, by the selected ratio, such as 5w/30 or 15w/40. Once the lubricating material is added to the engine, it is possible to test the viscosity at that point. In doing so, it is possible to note the condition. In situations where the viscosity is not within the provided range, this could indicate that the engine has overheated or that there is coolant or another moisture present.

2. Insoluble examinations

One of the most common reasons engines wear down is because of the presence of contaminants. In fact, one of the jobs of lubrication is to strip away any debris that gets lodged within the engine. In an insoluble examination, it is possible to measure the amount of solid (specifically abrasive-based solids) that are in it. In particular, this test looks at those solids that come from oxidation. Oxidation occurs when the material breaks down because it comes into contact with oxygen. Though older material is going to have a higher amount of solids in it, this test can give an indication of the effectiveness of the filtering system.

3. Spectral test

With the use of a spectrometer, it is possible to gather more information about the condition of the lubricant. Specifically, a spectral test provides information about how much wear is occurring or is present within the engine by alerting the tester to the presence of various additives and metals. In many ways, this test provides key information about the condition of the engine itself and guidelines about what to do to improve function.

Trademarking the Name of a Band

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Most musicians know about copyrights. Without copyright protection, other musicians and music companies might claim your songs as their own, reap profits from them, and even sue you if you perform your own compositions. Many musicians are not aware that a similar calamity can befall a band that does not properly establish and protect trademark rights in the name it chooses.

Band names and logos as trademarks

A trademark is any word, phrase, symbol, sound or design that is used in commerce to identify the source of goods or services. Music recordings are goods, and entertainment is a service, so a name that is used to identify the source of a song or the musicians who perform it is a trademark. For example, the name, “Smashing Pumpkins” is a trademark that is used to identify a particular band’s sound recordings and musical performances. It is also a trademark for posters and shirts displaying that phrase.

Copyright law does not protect names, titles or short phrases. Registering a copyright for a collection of songs with the band’s name on the cover may protect the band’s rights of authorship in the music, but it will not protect the band’s name. For that, trademark registration is needed.

Logos are a special case. If a logo is an original work, then the artwork may be copyrighted. When it is used to identify a particular band, then it may also be protected as a trademark.

How trademark rights are created

Trademark rights are created by using a name or symbol in connection with goods or services to identify the source of the goods or services. Merely deciding on a name for a band is not enough, even if the name is written down on a piece of paper, witnessed, notarized, and kept in a safe deposit box. Trademark rights come into being only when the band takes the further step of putting the name on a product (such as a CD, or a digital recording that is made available for download on the Internet) or an advertisement for the product, or publicly performs or advertises its entertainment services under the name.

Trademark rights can come into existence without registration. As between two bands with the same name, the first to use the name in commerce to identify the source of their musical products or services (such as affixing the name to a CD that is offered for sale, or using the name in an advertisement or flyer for a concert performance by the band) will be the one with trademark rights.

Why registration is important

Since trademark rights are linked to first use, some websites offer to protect a band’s name by simply listing the name in a band name registry. While this can generate some evidence of use, it is not determinative of the issue, and it is not sufficient for trademark protection. Only registration with a state or federal trademark office will establish a prima facie case or a legal presumption of trademark ownership.

Registering your band name with the U.S. Trademark Office creates a strong presumption that you own the trademark rights in that name. Subject to some exceptions, it usually will be all the evidence of ownership you need for your defense if another band attempts to sue you for using a name that it claims is confusingly similar to theirs. And it will enable you to file suit, if necessary, to prevent other bands from using your name, or a name that is confusingly similar to your band’s name.

The stakes are high. Being ordered to stop using a name is not the only thing that can happen to a person who is successfully sued for trademark infringement. He may also be ordered to destroy or surrender any products that have the infringing name affixed to them; to disgorge any profits that have been made through the use of the name; and to compensate the trademark owner for damages. In some cases, he may also be ordered to pay punitive damages and the trademark owner’s attorney fees.

How to Choose a Trademark Professional

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Search for specialised professionals: You should search specifically for a trademark professional, rather than a regular law professional. Check to see that your trademark expert is well-versed in Australian trademark law. A trademark professional can provide you with specialised advice on trademark searches, trademark registration, and trademark management.

Choose professionals with experience: There is nothing more valuable to you than a trademark expert with experience in the field. Trademark matters concerning your intellectual property require precise navigation and a sound depth of knowledge. An experienced professional will best be able to advise you on protecting your trademark. You should also search for professionals who have experience that is specific to your industry, or experience in business.

Look for professionals with good reputations: It is essential that the trademark expert you hire has a solid foundation within the industry, accompanied by a good reputation for service and success. Search for firms that are established within their industry. You should ask around for references, or contact the clients of different firms to ask them about the level of service they received.

Search for professionals with connections: Your trademark professional must be well-connected in order to ensure that your mark achieves registration without complication. A well-connected trademark expert can guide you through the registration process and provide you with legal advice in regards to protecting your trademark rights, and continuing trademark management.

Why Hire a Professional?

You should hire a trademark professional if you are considering using your mark in relation to your products and services, as you will require registration to protect you intellectual property. A trademark professional will file the relevant application: whether you want to register a mark that is already in use, or whether you wish to ‘reserve’ a mark intended for use in conjunction with your products and services, you should contact a trademark professional for advice.

If you are already using a trademark, you should hire a professional to conduct trademark searches to ensure that you are not infringing on anyone else’s rights, and therefore are vulnerable to legal ramifications. A trademark professional can assist you in making decisions concerning your marks before you encounter any problems. You should especially contact a trademark expert if you are already aware of potential issues concerning your marks.

You should also contact a professional if you wish to register any of your marks as trademarks. A trademark professional will be able to assist you in drafting and filing your trademark application, as well as navigating the entirety of the registration process, including legal action taken against you or adverse reports that you are issued.