Questions From Inventors about Product Development Cycle and Patent Application Process

Treat Your Inventions Like Commercial Products — Edison Did! Support for and protection of inventors is a big topic and one we will spend more time on in future blog entries. Based on the questions and comments I’ve received, our Pleiades Publishing Services client base are a busy and creative lot. Internet marketing seems to […]

Is Your Process or Service Covered By Intellectual Property Rights?

What exactly is Intellectual Property? Intellectual property is an umbrella term for various legal entitlements which attach to certain names, written and recorded media, and inventions. The holders of these legal entitlements may exercise various exclusive rights in relation to the subject matter of the Intellectual property. The term intellectual property reflects the idea that […]

How Trademarks and Service Marks Protect You From Infringement

Is the name of a band a trademark? Yes, band names would be considered trademarks, or more appropriately service marks, for entertainment services in the nature of performances by a [type of music specified] band. Can a minor file a trademark application? This depends upon state law. If the person can validly enter into binding […]

Intellectual Property Protection — Time and Money

How long does a trademark registration last? For a trademark registration to remain valid, an Affidavit of Use (“Section 8 Affidavit”) must be filed between the fifth and sixth year following registration. Assuming that an affidavit of use is timely filed, registrations granted PRIOR to November 16, 1989 have a 20-year term, and registrations granted […]

Questions About Copyrights, Patents, and Trademarks

Can the Office refuse to register a mark? Yes! The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols, or devices function as trademarks. For example matter which is merely the generic name of the goods on which it is used cannot be registered. Additionally, […]

Intellectual Property Rights and Common Law

What are common law rights? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use […]

Copyrights, Patents, and Trademarks — Oh MY!

The Patents and Trademarks registration process refers to a specimen. What exactly is a specimen? A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. […]

The Use of Trademark and Service Marks

Are there federal regulations governing use of the “TM” or “SM” designations? No. Use of the symbols “TM” or “SM” (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted. These designations usually indicate that a party claims rights […]

Protecting Your Ideas or Inventions From Others’ Infringement

What is a trademark? A trademark includes any word, name, symbol, or device or any combination used or intended to be used in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others and to indicate the source of the goods. In short, a trademark is […]

Copyright Protects Original Works of Authorship

What does copyright protect? Copyright, a form of intellectual property law, protects original works of authorship, including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See […]