# Presentation: 470181

## Trademarks:Identifying & Protecting Your Rights

- Office of External Affairs
- United States Patent and Trademark Office

## A word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods or services of one party from those of others.  Even colors, smells and sounds may be trademarks in the U.S. (and in some other countries).   

- What is a Trademark?

**Notes:**
And before I go on, just want to clarify that whenever I mention TM, I’m also referring to SM (difference being that SMs are ids and distinguishes the source of a service rather than a product.)

## LIFE OF A TRADEMARK

- PROTECTION

- MAINTENANCE

- SCREENING and CLEARANCE

**Notes:**
There are 4 main points that I would like for you to take away from this today:

1.) to know the different  options available to you for what can be a TM

2.) to know how to make sure that the sign you have selected is available 

3.) to know how to go about seeking protection in the U.S. once you’ve decided what name/sign you want to use as well as
seeking protection internationally

4.) how to maintain what you have protected

## Life of a Trademark 	

- CREATION
- Choosing a trademark or service mark
- SCREENING and CLEARANCE
- Making sure the proposed mark is available
- PROTECTION
- Seeking protection, country-by-country
- MAINTENANCE
- Using trademarks properly and renewing registrations

**Notes:**
Creation – initial stage when a TM is developed for use in the marketplace

Screening and Clearance – this involves making sure no one else has applied for and registered or is using the mark for which you have selected as well as making sure it is capable of functioning as a mark.

Protection: the application process in the U.S. 
		International procedures I.e., Madrid Protocol 

Maintenance: continued vigilance, keeping registration activeWhat is required to properly use and maintain a trademark

## PART I: LIFE OF A TRADEMARK

## A trademark identifies you and your goods/services to your customers.

A trademark allows your customers to distinguish you from your competitors.

- A trademark allows your customers to distinguish you from your competitors.

**Why are Trademarks Important?**

**Notes:**
But first.... WHY are TMS even important???

- Examples of Trademarks

**We bring good things to life.**

**Notes:**
Here we have some examples of TMS that do all what we have just discussed... memorable, easy to pronounce (SOME), distinctive, internationally

## Is Trademark Protection Available for Any Word, Design, or Phrase?

**Fanciful or Arbitrary **
**Words**
** ****EXXON**

**Source Indicating**
**  ****Capacity**
**Spectrum**

**No Source **
**Identifying **
**Capacity**

**Not Inherently **
**Distinctive**
**Can Acquire**
** ****Distinctiveness**

**Inherently **
**Distinctive**

**Generic **
**SODA**

**Merely Descriptive**
**CHOCOLATE FUDGE**

**Suggestive**
**SUNKIST**

**DIAL-A-LAWYER**

**Notes:**
So, can anything  be selected to use as TM/SM?

Avoid Descriptive terms – Terms that merely describe a quality, feature, function, characteristic or provide information about the goods or services are DESCRIPTIVE and generally* not registrable on the PRINCIPAL REGISTER.

AVOID GENERIC TERMs- Common names for the goods/services. (Others have to use them as well!) NEVER registrable.

## Yes, if:
If the domain name is functioning not only as a domain name but also as a trademark, i.e., as a source indicator. 
Does the domain name include a distinctive component?
Is it displayed only as a domain name on the address line of a browser, or is it also displayed elsewhere, in a source indicating manner.

- If the domain name is functioning not only as a domain name but also as a trademark, i.e., as a *source indicator. *
- Does the domain name include a distinctive component?
- Is it displayed only as a domain name on the address line of a browser, or is it also displayed elsewhere, in a *source indicating* manner.

**www.amazon.com ****	****v.****	****www.trademark.com**

- Can an Internet Domain Name be Registered as a Trademark?

## Part II: LIFE OF A TRADEMARK

- SCREENING and CLEARANCE

## Common Law - unregistered
State Registration – the “truly local”
Federal Registration® - interstate 
Other Federal Statutes
Smokey Bear
Woodsy Owl

- State Registration – the “truly local”
- Federal Registration® - interstate
- Other Federal Statutes
- Smokey Bear
- Woodsy Owl

- Types of Trademark Protection in the U.S.

**Notes:**
First, we need to understand what types of TM protection exists in the U.S. so we know where to look...

## Trademark Protection Overseas

- Trademark rights are territorial.
- Most countries follow a “first-to-file” rule:
- Protection is granted to the first party who files an application and receives a registration.
- You must search and file in
- 	each country in which
- 	you wish to sell your goods
- 	or services.

## SCREENING and CLEARANCE in the U.S.

- USPTO DATABASE
- Federally registered trademarks and pending applications for registration
- STATE TRADEMARK REGISTRIES
- DOMAIN NAME SEARCH
- Generic Top Level Domains (gTLDs)
- Country Code Top Level Domains (ccTLDs)
- COMMON LAW SEARCH
- the Web, trade names, trade directories, etc.

**Notes:**
Now that we know the types of protection, we can understand where we need to look...

## Before beginning to use a trademark, a business should first determine whether some other business is already using an identical or similar trademark, on or in connection with the same or related goods or services, or whether some other company otherwise has any rights in the mark. By making that determination, a company lessens the risk of violating another company’s trademark rights. 

- Why Should a Business do a Trademark Search Before Filing?

## Avoid having to change your mark – in every place it appears.
Avoid having to recall existing products that bear the infringing mark.  
Avoid having to destroy existing product with the infringing mark.
Avoid being held liable for damages to the owner of the mark – and possibly even for attorney’s fees.

- Avoid having to recall existing products that bear the infringing mark.
- Avoid having to destroy existing product with the infringing mark.
- Avoid being held liable for damages to the owner of the mark – and possibly even for attorney’s fees.

- Conducting a Search Can Save a Company Time, Money and Grief!

**Notes:**
Why should a business do a Trademark Search before Filing?  TO AVOID BEING SUED!  And then (list on slide) and ADD – Avoid negative publicity attendant to being sued!  

## How do I find out whether the same or similar mark is federally registered, or the subject of a pending TM application to obtain registration for the same or related goods/services?

Start by performing a search, free of charge, using the Trademark Electronic Search System (TESS) at the USPTO Web site  www.uspto.gov 

- Start by performing a search, free of charge, using the Trademark Electronic Search System (TESS) at the USPTO Web site  www.uspto.gov

- Searching,  a First Step:_USPTO_

**Notes:**
CLEARANCE and SCREENING:

Lets focus on the PTO database first...

## Slide 17

## Welcome to TESS!

**Welcome to TESS!**

## Enter the Words or Phrases You Want to Search...

**Enter the Words or Phrases You Want to Search...**

## Likewise, enter the design - - i.e., images rather than words - - you wish to search; images can of course also be used as marks.
If a mark is composite - - i.e., if it has both words and a design - - then all elements should be searched. 

- If a mark is *composite - - *i.e., if it has both words and a design - - then all elements should be searched.

- Searching...designs!

## The USPTO database does not include:
Trade names.
State trademark registrations.
Common law marks.
Domain names.
Obtaining a “full search” helps to ensure that these other sources of information will be considered in clearing marks.

- Trade names.
- State trademark registrations.
- Common law marks.
- Domain names.
- Obtaining a “full search” helps to ensure that these other sources of information will be considered in clearing marks.

- USPTO Search – Only One Part of the Equation

## Searching Domain Names 

**Notes:**
Domain names are not registered as trademarks, except in the rare circumstance I mentioned earlier, that is, where the domain name functions as a mark, e.g., amazon.com.  However, the use of the same or similar term as a second-level domain (to the left of the dot) may indicate that someone else is claiming prior rights.  Also, some businesses may take the position that unless they can use their proposed mark as a domain name (to the left of the dot, as in TRADEMARK.com), that they would prefer to find another mark.  So, it’s worth checking out, from a number of vantage points – but certainly, from the perspective of screening and clearing a mark.  

One site that you may find particularly useful in searching domain names is:
www.Uwhois.com.  At this site, you can search for domain names in .com, .net, .org, .edu, .biz, .info or even for one of the 246 country code suffixes!  You also can do MULTIPLE generic and country code top-level domains in up to 10 top-level domains at once!  

That URL again is: www.Uwhois.com.   

## Searching the Web

## Searches:  Done!
Preliminary
Full
Some possible grounds for refusal:
Likelihood of Confusion

Merely Descriptive

Other grounds?

- Preliminary
- Full
- Some possible grounds for refusal:
- Likelihood of Confusion
- Merely Descriptive
- Other grounds?

- Almost Ready to File...

## PROTECTIONCountry-by-Country

- PART III: LIFE OF A TRADEMARK

**Notes:**
So now we come to protection... You’ve decided you want to seek protection....

## Not required, because trademark rights (in the U.S.) arise from use on or in connection with goods or services, BUT... 
There are advantages to having a federal trademark registration.

- There are advantages to having a federal trademark registration.

- Does a Company Need to Register its Mark in the U.S.?

**Notes:**
As I already stated.....

## Constructive notice nationwide of TM owner's claim. 
Evidence of ownership of the trademark.
Jurisdiction of the federal courts may be invoked.
Registration can be used as a basis for obtaining registration in foreign countries.
Registration may be recorded with U.S. Customs Service to prevent importation of infringing foreign goods. 

- Evidence of ownership of the trademark.
- Jurisdiction of the federal courts may be invoked.
- Registration can be used as a basis for obtaining registration in foreign countries.
- Registration may be recorded with U.S. Customs Service to prevent importation of infringing foreign goods.

- Advantages of Federal Registration

## What are the possible legal bases on which I can file an application to register a trademark?

Use of the mark; 

A bona fide intention to use the mark in the future; or

Foreign application or registration.

- Use of the mark;
- A *bona fide* *intention* to use the mark in the future; or
- Foreign application or registration.

- So you’ve decided to file...

**Notes:**
So you’ve decided to file...

The advantage of an Intent-to-Use Application:  Your “constructive use date” will be the date of filing, rather than the actual date of first use.  The way this works is as follows.  Able has a bona fide intent to use a mark in the future and files an ITU application.  Meanwhile, Baker commences use of a similar mark for related goods.  When Able’s application matures to registration, he would be able to seek an injunction in court against Baker’s infringement.  This is because Able has a prior use date, that is, he has the benefit of the date of filing of his application, which date pre-dates Baker’s date of first use.  

## What constitutes “use” of a trademark?

What constitutes use of a trademark 
	in “interstate commerce”?

- What constitutes use of a trademark
- 	in “interstate commerce”?

- What Constitutes “Use”?

## Intent-to-Use Basis

- If you have not yet used the mark, but plan to do so in the future, you may file an application to register the mark based on a good faith or bona fide *intention* to use the mark in commerce in the future.
- However, the USPTO will not issue a registration unless you begin to use the mark in commerce (and meet other requirements for registration) within certain time periods.
- A benefit of filing via this basis: the successful registrant has *constructive use* of the mark as of date the application was filed.

**Notes:**
Let me illustrate the benefit by the following:  Let’s say you do not use the mark, but you have a bona fide intent to use the mark in commerce in the future, so you file an ITU application.  Meanwhile, another business commences use of a similar mark, for related goods.  What can you do to stop that use?  Once your application has matured into a registration, your constructive use date will pre-date the other party’s use date, and you would be able to challenge that party’s infringing use in a court of law!  

Flipping this around, the second comer should have looked at the USPTO database before commencing use.  He or she would have seen your ITU application for a similar mark for related goods and, on that basis, chosen a new mark for his or her product

## File an application at the U.S. Patent and Trademark Office! 
You can complete an application online, check it for completeness, and file it over the Internet using the Trademark Electronic Application System (TEAS) at www.uspto.gov/teas/index.html 

- You can complete an application online, check it for completeness, and file it over the Internet using the Trademark Electronic Application System (TEAS) at www.uspto.gov/teas/index.html

- How do I get a Federal Trademark Registration?

## No.  However:
It may be highly beneficial to be represented by an attorney who is familiar with trademark matters, and;
Trademark applicants must meet all the procedural and substantive requirements of the Lanham Trademark Act and Trademark Rules of Practice, whether or not they are represented by an attorney. 
The USPTO cannot aid in the selection of a search firm or an attorney. 

- It may be highly beneficial to be represented by an attorney who is familiar with trademark matters, and;
- Trademark applicants must meet all the procedural and substantive requirements of the Lanham Trademark Act and Trademark Rules of Practice, whether or not they are represented by an attorney.
- The USPTO cannot aid in the selection of a search firm or an attorney.

- Am I Required to Hire an Attorney to File the Application on my Behalf?

## Application

**The five elements that must be included in an application for registration:**
_**F**_***ee*****:**** ****The filing fee.**
_**A**_***ddress*****:**** ****A correspondence address.**
_**M**_***ark*****:**** ****A clear representation of the mark.**
_**I**_***dentification*****:**** ****The goods or services.**
_**N**_***ame*****:**** ****The mark-owner’s name.**

## Filing fee for paper filings: 
                               VS.
Filing fee for e-filing: 

-                                VS.
- Filing fee for e-filing:

- Filing Fees or, “You do the Math!”

- $375 per class of
- goods/services
- $325 per class of
- goods/services
- Or
-  $275 per class
- if filed using the TEAS Plus form.

## In addition to a lower filing fee...
You minimize chances of making a mistake!
You get instant acknowledgement of receipt!
You’re assured that the data you provide will be properly entered into the USPTO databases, since the data entry is accomplished electronically, not manually.

- You minimize chances of making a mistake!
- You get instant acknowledgement of receipt!
- You’re assured that the data you provide will be properly entered into the USPTO databases, since the data entry is accomplished electronically, not manually.

- Benefits of Filing Online...

## Filing with TEAS PLUS

- All the benefits of TEAS ---plus
- Complete application minimizes procedural problems
- Electronic communications allow more efficient processing
- Party agrees to receive USPTO communications via e-mail

**Notes:**
If anything goes wrong, you can always convert to a regular TEAS application by paying the additional $50.

All Teas Plus applicants must agree to receive communications from the USPTO by e-mail throughout the examination process

## Brief Overview of the Examination Process at the USPTO

- The application is received and processed.
- The examining attorney conducts a substantive legal examination that results in:
- An approval for publication;
- A requirement for an amendment; or
- A refusal, (perhaps accompanied by a requirement for an amendment).
- The applicant or its attorney can submit written arguments as to why the refusal or requirement should be withdrawn.  If the examining attorney is not convinced by those arguments and repeats the refusal or requirement, an appeal can be taken to the *Trademark Trial and Appeal Board.*

## Brief Overview of the Examination Process at the USPTO

- If the mark is *approved for publication, *and, if after publication, no one *opposes *the issuance of a registration, a registration will issue*.*
- If the application was based on an *intent to use* the mark, the applicant must submit a *statement of use *before a registration is issued.
-  If an *opposition *was filed, it is considered by the Trademark Trial and Appeal Board.

## Examination:	6.3 months after filing
		(average pendency)

Registration:	19.6 months after filing

- 		(average pendency)
- Registration:	19.6 months after filing

- Trademark Timeline[Times are Approximate]

## Congratulations!

**TRADEMARK**

**REGISTRATION**

**CERTIFICATE**

## No. “Trademarks are territorial.”
You must search and file for trademark protection in each country in which you want to use the mark.
However, you may use your application or federal registration as a basis to file a single “International Application” under the Madrid Protocol in various foreign countries... (More in a moment)

- You must search and file for trademark protection in each country in which you want to use the mark.
- However, you may use your _application_ or _federal registration_ as a basis to _file _a single “International Application” under the Madrid Protocol in various foreign countries... (More in a moment)

- Is Federal Registration Valid Outside the United States?

## Be proactive in protecting your trademark!
Have you considered registering your mark in countries in which: 
Your goods or services are marketed;
Products or parts for your products are manufactured; 
Research and development facilities are located;
Your products are trans-shipped;
You might expand your business in the future; or
Counterfeiting is likely to be a problem.

- Have you considered registering your mark in countries in which:
- Your goods or services are marketed;
- Products or parts for your products are manufactured;
- Research and development facilities are located;
- Your products are trans-shipped;
- You might expand your business in the future; or
- Counterfeiting is likely to be a problem.

- Protecting Your Trademarks Abroad

**Notes:**
Which country or countries it is or will be doing business in;
Which country’s markets are likely to feature pirated or counterfeit copies of the business’ products;
Whether those countries are members of the protocol; and

## Protecting Your Trademarks Abroad

## What is the Madrid Protocol? It is an international trademark filing treaty administered by the World Intellectual Property Organization, WIPO.
The U.S. is a member of the Madrid Protocol.  

- The U.S. is a member of the Madrid Protocol.

- Protecting Your Trademarks Abroad:  The Madrid Protocol

## A “basic application” pending in, or a“basic registration” issued by, the USPTO.
Payment of Fees: 
USPTO Certification fee of $100.00 
	per class.
International Registration fee(s) required by the selected country(ies).

- Payment of Fees:
- USPTO Certification fee of $100.00
- 	per class.
- International Registration fee(s) required by the selected country(ies).

- General Requirements Under the Madrid Protocol

## Under the Madrid Protocol, the U.S. TM owner can -
File a single application, in English, at the USPTO Web site, pay in US dollars, and seek registration in any or all of the countries who are members, as the applicant designates. 

- File a single application, in English, at the USPTO Web site, pay in US dollars, and seek registration in any or all of the countries who are members, as the applicant designates.

- Benefits to U.S. Companies

## FILINGS UNDER THE MADRID PROTOCOL

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- FILINGS UNDER THE MADRID PROTOCOL

- Applying for an international registration:
- use either the electronic application for registration, available at the USPTO’s web site, or;
-  a paper form provided by the World Intellectual Property Organization (WIPO), the international organization that administers the Madrid Protocol.

## FILINGS UNDER THE MADRID PROTOCOL

- The international application cannot set forth information not provided in the underlying U.S.  application or registration.  Otherwise, the USPTO will not certify the application.
- Example: the international application cannot identify goods or services not listed in the U.S. application or registration.

**Notes:**
For convenience, a pre-population form is available  

## FILINGS UNDER THE MADRID PROTOCOL

- What happens after the international application is transmitted to the USPTO?
- If everything is in order, the USPTO *certifies *the application, and forwards it to WIPO.
- If WIPO finds that its requirements were met, it issues an *international registration. *
- WIPO then sends the international registration to each of the countries that the applicant identified in the international application.

## FILINGS UNDER THE MADRID PROTOCOL

- Each of those countries then determines whether, under its trademark laws, the U.S. trademark owner is entitled to an *extension of protection*, i.e., whether the international registration will be in force in its country.
- A country must issue any refusals within either one year, or eighteen months, from the day the international application was forwarded to the Office by WIPO (depending on whether the country opted for the one year or eighteen month limit).
- If the country decides to issue a refusal, it sends a refusal letter to WIPO, which then mails the letter to the applicant.

## MADRID PROTOCOL APPLICATION

## Under the Madrid Protocol, after rights are granted in any of those countries:
Assignments can be effected by filing a single document with WIPO.
Renewal of all rights can be effected by the payment of a single fee at WIPO.

- Assignments can be effected by filing a single document with WIPO.
- Renewal of all rights can be effected by the payment of a single fee at WIPO.

- More Benefits to U.S. Companies

## MAINTENANCE

- PART IV: LIFE OF A TRADEMARK

- Maintain Registrations!

- Evidence of continued use: submitted between 5th and 6th year.
- Renewal: submitted between 9th and 10th year.
- Electronic forms can be completed very easily; much of the data is entered automatically.
- OTHER COUNTRIES
- First-to-file, but generally can be cancelled after 3 years of non-use.
- Renewal terms and procedures vary by country.

- IN THE U.S.

## Distinguish your trademark from surrounding text, e.g., use capital letters or italics.
Use your mark in its proper form; avoid pluralizing it or making it possessive.  
Use the mark as an adjective and couple it with a descriptive or generic term, e.g., a Xerox copy. 
Not as a noun, e.g., use “copy”, not “Xerox”.    
Not as a verb, e.g., use “photocopying”, not “xeroxing”.  
If your mark is federally registered, use the ®.

- Use your mark in its proper form; avoid pluralizing it or making it possessive.
- Use the mark as an adjective and couple it with a descriptive or generic term, e.g., a Xerox copy.
- Not as a noun, e.g., use “copy”, not “Xerox”.
- Not as a verb, e.g., use “photocopying”, not “xeroxing”.
- If your mark is federally registered, use the ®.

- Maintaining Your Company’s Trademarks: Tips on Proper Trademark Usage

## Register your marks and maintain the registrations.
License use of your marks, in writing, with your manufacturers, your distributors, and any other authorized third-party users, and exercise quality control over your licensees’ products.  
Use your mark, use your mark as a mark, and use your mark consistently.  Use notices of prior right.
Monitor the USPTO Official Gazette (and similar publications in other countries), monitor the marketplace, and STOP unauthorized third-party uses. 

- License use of your marks, in writing, with your manufacturers, your distributors, and any other authorized third-party users, and exercise *quality control* over your licensees’ products.
- Use your mark, use your mark as a mark, and use your mark consistently.  Use notices of prior right.
- Monitor the USPTO *Official Gazette (and similar publications in other countries)*, monitor the marketplace, and STOP unauthorized third-party uses.

- Maintaining Your Company’s Trademarks: Don’t Lose Your Rights!

## TRADEMARK DISPUTES	

- Administrative (Registration)
- Opposition @ Trademark Trial and Appeal Board (TTAB)
- Cancellation @ TTAB
- Court (Use)
- Federal
- State
- Domain Names
- (U.S.) Anticybersquatting Consumer Protection Act
- UDRP (gTLDs)
- 	(Uniform Domain Name Dispute Resolution Policy)
- 	 www.icann.org/udrp
- ccTLDs
- 	http://arbiter.wipo.int/domains/cctld_db/index.html

**Notes:**
People at our IPAC events frequently have questions involving domain names and the one that seems to come up the most often is this:  “Someone is using my trademark as a domain name.  How can I stop him?”

You may be able to stop him, you may not, depending on the facts of the situation.  But let’s assume that we’ve determined that there’s a basis for pursuing a claim – let’s take the most egregious case, a case of cybersquatting, a derogatory term, meaning that that someone has appropriated your mark as a domain for the purpose of extorting money from you to get it back.  What is your recourse?  

In the U.S., you have a couple of choices – (1) pursue an action under the Uniform Domain Name Dispute Resolution Policy or UDRP.  This is, basically, an administrative type proceeding, and all registrants who register domain names in any of the gTLDs are bound by this policy.  The UDRP proceeding is meant to be quick, efficient, and inexpensive – there are very clear procedures, in fact there are forms, that are available at the website address shown.  The cost is $1500 for one to five domain names (involving same respondent), one panelist.  

And trademark owners almost always win.  The UDRP was set up that way, because everyone agreed that cybersquatting is bad, bad, bad.  Thus, you as the complainant need to show 3 things –
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.

But, under the UDRP, you can only get the domain name transferred to you or get the registration cancelled.  You cannot collect damages.

So, your (2) option - if it’s damages you want, you may want to take a look at filing suit in federal court, under the Anticybersquatting Consumer Protection Act.  The ACPA provides for statutory damages (although there’s no guarantee, as there’s no guarantee of anything in life – other than death and taxes).  

But, that’s court litigation – something you probably all want to avoid – so the UDRP is worth your serious consideration in the event of a dispute – provided you can meet the 3-prong standard.  

And, since we are taking about rights here and abroad in these events, let me take a moment to mention that the UDRP covers only domains in the gTLDs.  What if you want to stop someone who has registered your mark in a country code top-level domain (or ccTLD) – well, you have to see whether the ccTLD has a dispute resolution policy and, if so, what it looks like.  Some have the UDRP, some have a UDRP-like, some have mediation (ever try to reason with a crook?), and some have nothing at all – in which case, your only recourse in that country would be to go to court.  

These issues may sound pretty overwhelming – and my objective here is not to overwhelm you – but to let you know about the UDRP for domain names, as we find that many folks in our events are not familiar with the UDRP.  And they should be – because it can be a very effective tool in the right situation.

## Trademark Resources at USPTO.GOV

- “About Trademarks, Patents & Copyrights”
- “Basic Facts About Trademarks”
- “FAQs – Questions and Answers”
- “Acceptable Identification of Goods and Services Manual”
- “Trademark Manual of Examining Procedure”
- “TTAB Manual of Procedure”
- “Register Trademarks with CBP”

## WWW.STOPFAKES.GOV

## WWW.STOPFAKES.GOV

## General Trademark Information

- Call the Trademark Assistance Center at
-  	1-800-786-9199 or
- Email your question to: TrademarkAssistanceCenter@uspto.gov

## THANK YOU!

- Office of External Affairs
- United States Patent and Trademark Office