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 […]
Integrated Business Planning
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 […]
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 […]
Copyright 101
When must I file a copyright application? Those who are familiar with the rather strict time limits for filing a U.S. patent application may find it to be a pleasant surprise that under the U.S. copyright law, a copyright application can be filed many years after the initial publication of a work and still be […]
Copyrights, Patents, and Trademarks
Protecting your Ideas or Inventions From Others’ Infringement What is a copyright? The owner of a registered copyright enjoys the ability of blocking the unauthorized copying or public performance of a work protected by copyright. Depending on how old a work is, whether or not copyright was renewed, when the work was published (if at […]