Archive for the ‘Trademarks’ Category

Understanding What Trademark Is

Thursday, November 24th, 2011

As you have decided on creating your own company, you should ensure that you will take into account the name or image, or the symbol of your future enterprise. It is as important as the product, the tax, and the company service that it will be providing. Trademark is an integral part of any business. Thus, you have to understand what it is all about.

Have you come across the term trademark? Simply put, it can be an image or a picture, a word, a symbol, or the combination of two words or more that will represent the company or the product. So, when people hear about such word or words or see the symbol or picture, they will easily think of your product or company. This will also entice them to buy your products.

It matters that you register your trademark in the patent office in your area. It isn’t that simple and you must undergo a thorough preparation for it. With a registered trademark, you can expand your company and even cover both the domestic and international markets to make your products more famous.

As you are aware of, it is the name that will represent the product or the service that is provided by the company. Hence, the name should match the service. If it doesn’t, then, the patent office may refuse or resist your application. It requires careful thought to turn the symbol legal.

The more authentic information about Trademarks you know, the more likely people are to consider you a Trademarks expert. Read on for even more Trademarks facts that you can share.

To provide easiness in everything that you do, you can always hire the best trademark attorney in your area. There are lawyers who are qualified to guide you in your application for trademark registration. You can look for the one who will best answer your needs and provide you the apt assistance that you need. It will be best to hire the services of a licensed trademark lawyer who will be with you from step 1. He will then make things easy for you to be able to attain a legal certificate. In the end, you can now freely use the symbol or name of your products.

However, there are those trademarks that are called “have beens”. Meaning to say, they were brands that were once registered by their owners and were eventually forgotten about. Don’t be confident that everything ends after the initial application. The registration is a process and so you must complete everything before you can celebrate.

As you decide to register your trademark, it is important that you become mindful of the happenings in the marketplace. You must concentrate on the market where your trademark exists. Included herein are your own use, affiliates and distributors, use by the licensees, and even the unrelated third parties. You should also become aware of how your trademark can become strong or weak before you end up losing your rights completely.

The registration of the trademark is just the beginning. The brand protection process is indeed a tedious task. Thus, to be able to complete everything, you must become aware of the entire procedure and be serious in getting the services of an experienced trademark lawyer.

This article’s coverage of the information is as complete as it can be today. But you should always leave open the possibility that future research could uncover new facts.

About the Author
By Anders Eriksson, feel free to visit his Perpetual20 training site for great bonuses: Perpetual20

How To Choose A Trademark Attorney

Tuesday, November 22nd, 2011

Have you ever wondered what exactly is up with Trademarks? This informative report can give you an insight into everything you’ve ever wanted to know about Trademarks.

Trademark law is the niche of law that is concerned with numerous principles and then requirements. Imperatively, the service of the trademark attorney that specializes in the said law is needed for different kinds of circumstances. Included therein are the trademark application, evaluation of a trademark search, and the registration of a trademark product or name.

In more ways than one, lawyers are essential because they provide legal counsel to their clients. In the event that you wish to ensure that your application for a trademark will be completed without future hassles, you essentially need to work with a qualified lawyer. He will be the one to guide you every step of the way and advise you when a mark or symbol is safe to register under your name.

But then again, the problem arises when you are faced with numerous trademark attorneys who have made their own names in the market. Choosing can be quite confusing especially when you don’t have any background about what the characteristics of a lawyer must be.

To start with, never ever choose your lawyer based only on some form of advertising or the so called lawyer referral service. The lawyer referral services don’t guarantee that the abilities of all lawyers included in their listings are efficient. These listings preferably accept anybody who is willing to shell out some cash for the membership fee. This referral service mostly refers clients to those “trademark lawyers” in their listings. Thus, it is very much possible that the attorney may have little or no experience at all in the said field. And if you chance upon someone who is like that, then, most probably you are risking your chances of pursuing a safe and sound application of your trademark registration.

The information about Trademarks presented here will do one of two things: either it will reinforce what you know about Trademarks or it will teach you something new. Both are good outcomes.

Advertising is then another very poor method of finding one trademark lawyer who will be willing to work with you. Many of these trademark lawyers actually advertise their names and practices as if they are running out of time. But, in truth, they are simply very desperate people who need money from their clients.

A good way of spotting an attorney is by recommendation. That means, the person who makes the referral has had a first-hand experience of the services provided by the lawyer himself. A good attorney then provides an individual attention and ensures that he is involved in everything. He then involves himself in all aspects of trademark searching and then the trademark application filing.

Apart from which, see the lawyer’s education. Where did he earn his trademark law degree? Where did he earn his experience? How far has he gone with his career in terms of trademark assistance? Normally, when the person has been educated from a prestigious institution and provided that he has been practicing for many years, then, you can bank on these aspects.

Also, you may inquire on the lawyer’s reputation and see if he really works legally by checking on the governing office. A list can also be provided to you should you need several names to inquire about in your attempt to choose the best one.

Most importantly, your trademark attorney must be one with whom you will be comfortable to deal with. This will ensure that you can ask all questions and get reliable answers in return.

That’s the latest from the Trademarks authorities. Once you’re familiar with these ideas, you’ll be ready to move to the next level.

About the Author
By Anders Eriksson, feel free to visit his soon to be top ranked Perpetual20 training site: Perpetual 20

Avoid The Hassle, Do Trademark Search For Free

Monday, November 21st, 2011

Current info about Trademarks is not always the easiest thing to locate. Fortunately, this report includes the latest Trademarks info available.

Have you ever wondered why a business owner like you must consider about having your own trademark? What will it do to your enterprise? How can it help boost your sales? How can it vehemently ensure that your product or service is guaranteed to be protected? Read on to find out the basics and the importance of having your own trademark and the necessity of doing a trademark search.

Who doesn’t want a free service? Certainly not you! When you hear that something is free, you always get excited and want to avail of it. The good news is that trademark search can actually be done for free.

It is very necessary to do the trademark search prior to registering your own preferred mark because this step checks out if there are companies or individuals who have already registered the same mark and are currently using it. If you make any violations, then, you will be penalized according to the provisions stated in the trademark law.

Is there really a website that offers the trademark search for free? Actually, yes. Through the myriad of websites that utilize the tool to search for an already existing mark, you basically need to do your research and take time until you find the right one that will fit into your requirements.

Once you have thought of the trademark that you want to use, the next step is to thoroughly make the search. Be sure that you understand what a trademark is and how it stands for your business. Basically, it is defined as a unique word or name, a symbol, a phrase, an image, a logo, a design, or a combination of any if these elements which work to make a distinction about services or products that you provide for the customers and sets your firm apart from the others.

Registering a trademark will essentially provide you with the protection that you need. Once it has been registered, that awards you the exclusive right to use the mark and then obstruct others from making any form of infringement. It will then become illegal for the others to attempt to copy whichever part of the mark. Any infringer will be charged and held liable according to the contents of the trademark law.

Most of this information comes straight from the Trademarks pros. Careful reading to the end virtually guarantees that you’ll know what they know.

Anyhow, the Internet is the best tool to use when looking for the free trademark search websites. You will get directed to the sites that contain the existing trademarks so as to ensure that there will be no duplication.

There are three places in the World Wide Web that you can visit as you search for trademarks for free.

The United States Patent and Trademark Office. It has a website where you can browse through the filed federal trademarks. There is likewise a spot that allows you to take a look at the list of goods which can be trademarked.

The Secretary of States. You can check if the state makes available a database that you can search online. Better find out if it is regularly updated.

Online Yellow Pages. You can simply key in the name of the business and it will automatically be searched nationwide.

So, take advantage of these free trademark search websites to be able to get all sorts of information needed in your first step.

The day will come when you can use something you read about here to have a beneficial impact. Then you’ll be glad you took the time to learn more about Trademarks.

About the Author
By Wilson Chew, feel free to visit his site:Free Infomation Home

Why Get Trademark Protection for Online Business?

Thursday, November 17th, 2011

The following article includes pertinent information that may cause you to reconsider what you thought you understood. The most important thing is to study with an open mind and be willing to revise your understanding if necessary.

Sure enough, in the long years of stay of many products in the market, you easily recognize a certain company, service, or product by hearing a word or seeing a symbol or picture. That is because they have registered trademarks that are nonetheless known to all. When buying, you most often go for these products because of their popular worth and efficiency. That is all because their respective company owners have applied for trademark protection.

Is it necessary that I register my name as one federal trademark?

The answer to this question is obviously, “Yes”.

The reason why it is essential that a business name be registered as a federal trademark is because the registration itself enables the clients along with the counsel to quickly act on any possible unauthorized use of the individual names for the purpose of marketing the goods and services. It is actually a kind of practice that floods the Internet nowadays.

The registration itself is known as the “poison pill”. It is termed as such because it prevents the attempts of uninvited takeover by the competitors. Hence, only those individuals with the legal trademark rights in specific individual names are able to utilize the trademark registration for such purpose.

Specifically, there are two known principal reasons on why businessmen should consider registering an individual’s name as the trademark.

First, it furnishes the access to the fast and less expensive remedies that can be easily afforded by the trademark owners that previously have marks included in some unauthorized domain names.

You may not consider everything you just read to be crucial information about Trademarks. But don’t be surprised if you find yourself recalling and using this very information in the next few days.

Second, it makes a “poison pill” against those competitors that purchase the marks or try to infringe on one’s owned trademark.

Nevertheless, the term “right of publicity” is one legal doctrine that is used to stop any unauthorized use of an image, person’s name, or likeness of the word or symbol all for commercial purposes.

Moreover, under the United States anti cyber squatting statute, there is certain amount covered as a relief for theft of the unregistered individual names only when there is a proof of registration for the purpose of selling the name to be able to profit. It doesn’t however give the protection against the competitive uses.

How can the federal trademark benefit an individual businessman?

When an individual’s name appears in the URL in the domain that is used and owned by a third party, there are two possible choices of remedies to go for.

First, the arbitration should be filed either before the WIPO or ICANN approved forums. The decision arises within a period of two months after the appointment of the arbitrator. There are of course 3 elements to be secured?the disputed name’s similarity to the service mark or trademark that the complainant has the right to, that the registrant has no legitimate rights whatsoever in the mark, and that the registration has been made in bad faith.

Because there are a lot of scrupulous individuals online, it is a must that the registration of a trademark is done. Actually, it is the first step for you not to face the hassles of doing business. Whatever happens, your trademark is legally protected.

About the Author
By Anders Eriksson, feel free to visit his Perpetual20 training site for great bonuses: Perpetual20

Legal Options When It Comes To Conflicts On Trademarks And Domains

Wednesday, November 16th, 2011

In today’s world, it seems that almost any topic is open for debate. While I was gathering facts for this article, I was quite surprised to find some of the issues I thought were settled are actually still being openly discussed.

As an owner of highly recognizable trademarks and domains online, there is a big chance that sooner or later you will be involved in a conflict questioning the ownership and control of these trademarks. This should not come as a surprise. When this happens, the natural course is for the conflicts and disputes to be referred to courts. The only issue here is that the courts of law tend to act slowly on cases of this kind, so at times you have to wait a lifetime for the issue to be settled. The other option for you is to avoid the courts and to bring the issue to the domain name registrars. This is an understandable move since most of the conflicts results to the similarity in domain names.

If the road taken is with the courts of law, then there are set of steps that should be performed. The complainant should present legal arguments why the domain name registered under the name of the other person should be revoked or cancelled. This can be a difficult case to argue, and this is true for individuals who failed to register the trademark under his or her name.

But this has been resolved with the passing of relevant laws. For example there is a statute that will protect companies against personalities who register the domain name that is almost similar and confusingly similar to the existing trade name or domain name.

Was the trade name or domain name registered in bad faith?

Now there is a sufficient ground to file a case against someone who deliberately registers a similar domain name provided that some factors are satisfied. Here are some of these factors that are often validated by the courts of law.

? Does the person hold the rights over the domain name?

? Is the domain name the same legal name of the owner or identified with the owner in one way or the other?

Now that we’ve covered those aspects of Trademarks, let’s turn to some of the other factors that need to be considered.

? Did the domain name owner already made a commercial transaction even before the filing of the complaint?

? Is the domain name owner using the name in a fair manner?

? Is there that deliberate attempt by the domain name holder to divert the consumers from the original trademark owner in a confusing way just to gain undue advantage?

? Has the holder of the current domain tried to put the domain or trade mark name in the market for profit without the objective of clearly selling goods and services?

? In connection with this, has the owner of the domain name behaved in such a way that the domains was only registered only to sell it afterwards without the intent of really using the trade mark in a commercially viable way?

? Did the owner of the domain trade mark used questionable information in order to apply for domain and trade mark registration?

If it has been established that the first company behaved in a questionable manner when it first registered the domain and the main intent was to deceive, then there is a legal basis for the complaint on the trademark.

Don’t limit yourself by refusing to learn the details about Trademarks. The more you know, the easier it will be to focus on what’s important.

About the Author
By Anders Eriksson, now offering the host then profit baby plan for only $1 over at Host Then Profit

Understanding What Trademark Is

Friday, November 11th, 2011

As you have decided on creating your own company, you should ensure that you will take into account the name or image, or the symbol of your future enterprise. It is as important as the product, the tax, and the company service that it will be providing. Trademark is an integral part of any business. Thus, you have to understand what it is all about.

Have you come across the term trademark? Simply put, it can be an image or a picture, a word, a symbol, or the combination of two words or more that will represent the company or the product. So, when people hear about such word or words or see the symbol or picture, they will easily think of your product or company. This will also entice them to buy your products.

It matters that you register your trademark in the patent office in your area. It isn’t that simple and you must undergo a thorough preparation for it. With a registered trademark, you can expand your company and even cover both the domestic and international markets to make your products more famous.

As you are aware of, it is the name that will represent the product or the service that is provided by the company. Hence, the name should match the service. If it doesn’t, then, the patent office may refuse or resist your application. It requires careful thought to turn the symbol legal.

If you don’t have accurate details regarding Trademarks, then you might make a bad choice on the subject. Don’t let that happen: keep reading.

To provide easiness in everything that you do, you can always hire the best trademark attorney in your area. There are lawyers who are qualified to guide you in your application for trademark registration. You can look for the one who will best answer your needs and provide you the apt assistance that you need. It will be best to hire the services of a licensed trademark lawyer who will be with you from step 1. He will then make things easy for you to be able to attain a legal certificate. In the end, you can now freely use the symbol or name of your products.

However, there are those trademarks that are called “have beens”. Meaning to say, they were brands that were once registered by their owners and were eventually forgotten about. Don’t be confident that everything ends after the initial application. The registration is a process and so you must complete everything before you can celebrate.

As you decide to register your trademark, it is important that you become mindful of the happenings in the marketplace. You must concentrate on the market where your trademark exists. Included herein are your own use, affiliates and distributors, use by the licensees, and even the unrelated third parties. You should also become aware of how your trademark can become strong or weak before you end up losing your rights completely.

The registration of the trademark is just the beginning. The brand protection process is indeed a tedious task. Thus, to be able to complete everything, you must become aware of the entire procedure and be serious in getting the services of an experienced trademark lawyer.

About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO

Maximizing Trademarks: Ways To Safeguard Your Online Brands

Saturday, November 5th, 2011

Brand names and company names aren’t required to be registered. But doing so will make a great difference at the end of the day. Once these brand names are registered then you get the protection not available for brand names not registered. The registration of trademarks means you will have the right and control for brands, titles and logos online.

And since you want to protect your brand name online, then clearly trademark registration is what you need more than copyright protection. There are a number of ways on how to protect trademarks and brand names online, and registration is one. Registration can be done by the owner himself and this can be done over a few clicks. There are a number of legal sites for this purpose. These DIY sites will charge something like $150 up for simple trade mark or brand name registration.

There are specific sites that can help you verify if the selected brand name or trade mark has a duplicate online. This works in a way that when you try to sign a trade mark for a piece of chair and this has been trademarked earlier then the application will be rejected.

I trust that what you’ve read so far has been informative. The following section should go a long way toward clearing up any uncertainty that may remain.

If a duplicated is not found, a lawyer will then prepare the trademark application and will be submitted to the US Patents. Again there is no law that will require you to register the brand name for use online. But once done, this can be helpful. By registering the brand name, then this gives you the right over that brand name for use online. This will also offer you some overseas rights and you and the company that you represent will be given that presumption that you own that brand name online.

One time brand name registration not enough. Remember that this is just the start of your work in protecting that online brand online. In order to continue brand name protection, you need to pro-actively protect that online brand name from copiers and you need to regularly renew the registration. The key here is to make sure that the brand name does not become too generic and used by too many online players.

Protecting online brands also mean taking the right steps even before the registration of the brand name. The right thing to do is to plan and select the brand name that is seems to be of no equal. The best is the one that is highly specific and descriptive. This is better than the brand names that are too fanciful. The most unique brand names are the best names to protect, see case of Nokia.

And as mentioned once the brand name has been registered, make sure that you monitor its use and abuse online. Remember that patents can live for 20 years and copyrights can extend 70 years after the death of the author. But in trademarks the protection can be enjoyed for as long as you like- provided that you can monitor the brand name and you can follow all the rules.

So now you know a little bit about Trademarks. Even if you don’t know everything, you’ve done something worthwhile: you’ve expanded your knowledge.

About the Author
By Anders Eriksson, feel free to visit his soon to be top ranked Perpetual20 training site: Perpetual 20

The Benefits Of Having Your Trademark Registered

Saturday, October 22nd, 2011

Have you ever wondered what exactly is up with Trademarks? This informative report can give you an insight into everything you’ve ever wanted to know about Trademarks.

Why is there a need to register your trademark? What will you get out of it? What are the benefits that come along with a duly registered trademark?

As a businessman, it is a must that you recognize the importance of registering your company’s trademark. It can either be a word, a symbol or logo, or a combination of both. Legally registering it means being able to get covered by the trademark law should there be attempts of infringement upon it. As the one who rightfully owns the trademark, you can file cases against the third party that uses your trademark for commercial and advertising purposes.

In truth, there are a lot of benefits that come along with registering a trademark and then using the trademark services that is provided by a qualified attorney. The latter should then specialize in trademark law and has been active in its practice.

When a trademark has been registered, its protection is heightened and then any attempts to use it are deterred. Should there be a third party to infringe upon it, there are remedies available to your advantage.

When you hire the services of a trademark attorney, the more that you increase your chances of receiving all the stipulated benefits mentioned below.

Registering your trademark means more protection. What does it mean?

Under the provisions of the trademark law, it is by complete registration that a company’s logo or name gets all the legal protection. After all, it is the firm’s best asset. Also, it awards the exclusive nationwide use and ownership of the mark which therefore means that infringement is considered illegal. There is also an official notice to the others that a particular trademark is taken and when there is a confusingly the same trademark used, the said party can’t claim ignorance of the existing mark.

In the future, the owner then has the right for the mark to be “incontestable”. Hence, the right is valid and can solely be used only by the owner.

I trust that what you’ve read so far has been informative. The following section should go a long way toward clearing up any uncertainty that may remain.

Registering your trademark means deterring other parties from utilizing your trademark.

As the owner, you get the right to put a “, after the said mark. This therefore alerts others of an existing registration and then preventing any attempts to the claim of innocent infringement.

The trademark then becomes visible in all trademark search reports. This discourages other parties from getting on with the registration of almost the same mark.

Due to your existing registration, the United States Patent and Trademark Office will automatically refuse any registration of confusingly similar trademarks with yours.

A registered trademark furnishes the owner with higher lengths of remedies.

The owner of a mark then gets the right to recover even up to triple damages alongside with the fees supposed to be paid to a trademark attorney straight from an infringer.

The owner also receives solely the presumption that he is the valid and only owner of the said mark.

Filing a dispute resolution policy is very possible in case of Internet domain name infringement.

Lastly, the trademark owner is given the automatic right to sue a third party infringer in any federal court.

About the Author
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A Discussion Of The Requirements For Trademark Application

Sunday, October 16th, 2011

Have you ever wondered what exactly is up with Trademarks? This informative report can give you an insight into everything you’ve ever wanted to know about Trademarks.

As with the trademark law, it covers different unique requirements and principles that you must follow through for a successful application. That is why, it is important to have a qualified trademark attorney right beside you because he can provide the counsel that you imperatively need for trademark application. The law may become confusing for you especially when you don’t fully understand all principles involved therein.

There are actually a number of requirements for trademark application. They will only be satisfied should the application is properly prepared and then fully completed. Look at the following requirements along with the steps to take in order to successfully register a trademark.

The very first requirement for a correct trademark filing is no less than the complete name as well as the address of the applicant as it is going to be used for all correspondences.

The second one is the comprehensively formulated list of all the services and goods provided with the mark. Hence, it matters that you seek the services of a trademark lawyer. You will need legal counsel especially during the most crucial moments requiring you to make big and important decisions.

The registration of a trademark then asks for the documentation of the first time when the mark has been used in any part of the world. That is related of course with commercial purposes. Thus, it matters that you document the first dates when you used the mark.

It is also important that you pay the pertinent charges required for each category of goods or services. The registration only requires a small fee but you will hence be able to enjoy full legal rights in the long run.

So far, we’ve uncovered some interesting facts about Trademarks. You may decide that the following information is even more interesting.

A final requirement is for the applicant to furnish a very clear drawing of the mark or symbol and a specimen itself of the trademark.

The Drawing and the Specimen Distinguished

The drawing is the depiction of the trademark. It must be able to show the exact use of the mark. It can be shown through the specimens. It should also show the clear intention of the applicant as to its usage.

On the other hand, a specimen is known to be the real-world representation on how the mark is to be actually used on all the goods as well as in the services offered. The containers, the logos, or the tags are also considered to be among the acceptable specimens of use for the trademark.

For the service mark, the specimens may include advertising like those done in brochures or advertisements. The actual specimens are then preferred than those of the facsimiles. Also, one specimen comes as a prerequisite for each category of services or goods as stipulated in the application itself.

The specimens that are required are those that contain its exact commercial use. However, it is not a requirement for any application that is based on the trademark owner’s future intentions on its use.

Overall, here are the requirements for trademark application. Be sure to complete all these so you can qualify for a successful registration.

That’s how things stand right now. Keep in mind that any subject can change over time, so be sure you keep up with the latest news.

About the Author
By Odell Tankersley, feel free to visit this Send Out Cards affiliate site: sendoutcards

How To Protect Your Trademark

Wednesday, October 12th, 2011

Under the rightful trademark law, all logos, names, and different marketing devices are provided legal protection. Trademark protection is henceforth considered easier if it falls under the “strong” category. If it is considered “weak”, it will be a bit tedious to be able to qualify for the so called trademark protection.

Strong and Weak Trademarks Identified

There are two possible ways on how the trademark may be deemed as strong. They could have been born strong or they can become strong through time.

When we say that a trademark has been born strong, it means that it was precisely unique by the time it was created. It only originated from the mind and nothing else apart from that. Meaning to say, nothing else is named close to it. And should there be someone who even tries to infringe on the said trademark is likely to be noticed.

When the trademark is said to be “can become strong”, it means that it isn’t that unique when it was born yet has become very popular and very much known over time. To be able to achieve this, there are plenty of endorsements, advertising, marketing, time, and above all, customer satisfaction.

Hence, the popularity of a mark in the world of commerce makes it highly qualified for a trademark protection. And again, any efforts to infringe on the mark will be easily noticed.

If you base what you do on inaccurate information, you might be unpleasantly surprised by the consequences. Make sure you get the whole Trademarks story from informed sources.

How to Achieve a Strong Trademark

This is possible through extreme efforts in marketing and dedication, so to speak. Keep in mind that companies are not born overnight. More so, their popularity can’t be achieved in such a short span of time. You must ensure that you include your trademark in all things that you do. Among of which include websites, business card, letterheads, email, marketing, advertising, and signs.

The more that you put your name for the world to know, the more individuals will be able to recognize you. Also, you must make sure that your company has a reliable customer service. Your goal is to keep the customers coming back and wanting them to recommend your company to others.

On the other hand, the weak trademarks don’t get to qualify for trademark protection. It is based on a popular term, a location, or on a name of a person. Because they tend to be general, proving that there is any sort of infringement method is almost impossible. When people use all these on a daily basis, they fail to get trademark protection.

An exception is when the company expands and is able to prove a tremendous change in sales growth or any other form of public awareness for that matter. In such case, trademark protection can be awarded.

Avoid the Hassle from the Start

The best way to be certain that you will not go through the hassles and everything is to become unique right from the start. You can conduct your own research or even talk with a trademark attorney. You must likewise have your trademark registered to ensure that you can qualify to get protected under the trademark law.

Now that wasn’t hard at all, was it? And you’ve earned a wealth of knowledge, just from taking some time to study an expert’s word on Trademarks.

About the Author
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