Understanding Trademarks or Copyrights
What Is A Trademark?
Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services. Trademarks, unlike patents, can be renewed forever as long as they are being used in business. The roar of the MGM lion, the pink of the insulation made by Owens-Corning (who uses the Pink Panther in advertising by permission from its owner!), and the shape of a Coca-Cola bottle are familiar trademarks. These are brand names and identities and are important in marketing a product or service. Patent Law
Brand Name Vs Generic Name
Naming an invention involves developing at least two names. One name is the generic name. The other name is the brand name or trademark name. For example, Pepsi ® and Coke ® are brand names or trademark names; cola or soda are the generic or product names. Big Mac ® and Whopper ® are brand names or trademark names; hamburger is the generic or product name. Nike ® and Reebok ® are brand names ortrademark names; sneaker or athletic shoe are generic or product names. Patent Agent Invention Help
Primary Trademarks
The term "trademark" is often used to refer to any type of mark that can be registered with the United States Patent and Trademark Office or USPTO. The two primary types of marks that can be registered with the USPTO are:
* Trademarks that are used by their owners to identify goods, that is, physical commodities, which may be natural, manufactured, or produced, and which are sold or otherwise transported or distributed via interstate commerce.
* Service marks that are used by their owners to identify services, that is, intangible activities, which are performed by one person for the benefit of a person or persons other than himself, either for pay or otherwise. Patent Application
Other Types of Marks
There are other types of marks that can be registered, however, they occur infrequently and have some different requirements for registration than the more commonly applied for trademarks and service marks. Since the benefits of registration are essentially the same for all types of marks, the term "trademark" is often used in general information that applies to service marks, certification marks, and collective marks as well as to true trademarks, the marks used on invented goods. Patent Law
Using Trademark Symbols
You can use the symbols TM for trademark or SM for service mark to indicate that you are claims rights to the marks without having federal registration. However, use of the TM and SM symbols may be governed by different local, state, or foreign laws. The federal registration symbol ® can only be used after the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol ®may not be used before the mark has actually become registered. Patent Agent
Can I Apply For A Registered Trademark By Myself?
Yes, and you would also be responsible for observing and complying with all the procedural issues and requirements. Trademark registration is not easy, you may need professional help. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. Patent Trademark Patent Idea
Copyright or Patent?
There are three types of protection for intellectual property. Property that a person creates with their mind or intellect.
* patents protect inventions and improvements to existing inventions
* trademarks are brand names and/or designs which are applied toproducts you can sell or services that you offer
* copyright protection covers literary, artistic, and musical works.
* Examples of Copyrights
* Gone With The Wind - the book and film
* System of A Down - the band's recordings and artwork
* Video games are all works that are copyrighted. Patent Application
Copyright Protection
Your work is under copyright protection the moment it is created and fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device. The moment you write it, paint it, or put it on the internet, your work is copyright protected.
Library of Congress
In the United States, the Library of Congress officially registers copyrights which now last for the life of the author plus 70 years. No one else can profit or copy your ideas without your permission invented during this time period.
Do I Need to Invention Register? Your works of art, music, etc, all have copyright protection with or without formal copyright registration with the Library of Congress or any other copyright office. However, copyright registration adds proof of copyright ownership and aids you in fighting copyright infringement. Copyright literally means the right to copy. Patent Law
What Is A Trademark?
Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services. Trademarks, unlike patents, can be renewed forever as long as they are being used in business. The roar of the MGM lion, the pink of the insulation made by Owens-Corning (who uses the Pink Panther in advertising by permission from its owner!), and the shape of a Coca-Cola bottle are familiar trademarks. These are brand names and identities and are important in marketing a product or service. Patent Law
Brand Name Vs Generic Name
Naming an invention involves developing at least two names. One name is the generic name. The other name is the brand name or trademark name. For example, Pepsi ® and Coke ® are brand names or trademark names; cola or soda are the generic or product names. Big Mac ® and Whopper ® are brand names or trademark names; hamburger is the generic or product name. Nike ® and Reebok ® are brand names ortrademark names; sneaker or athletic shoe are generic or product names. Patent Agent Invention Help
Primary Trademarks
The term "trademark" is often used to refer to any type of mark that can be registered with the United States Patent and Trademark Office or USPTO. The two primary types of marks that can be registered with the USPTO are:
* Trademarks that are used by their owners to identify goods, that is, physical commodities, which may be natural, manufactured, or produced, and which are sold or otherwise transported or distributed via interstate commerce.
* Service marks that are used by their owners to identify services, that is, intangible activities, which are performed by one person for the benefit of a person or persons other than himself, either for pay or otherwise. Patent Application
Other Types of Marks
There are other types of marks that can be registered, however, they occur infrequently and have some different requirements for registration than the more commonly applied for trademarks and service marks. Since the benefits of registration are essentially the same for all types of marks, the term "trademark" is often used in general information that applies to service marks, certification marks, and collective marks as well as to true trademarks, the marks used on invented goods. Patent Law
Using Trademark Symbols
You can use the symbols TM for trademark or SM for service mark to indicate that you are claims rights to the marks without having federal registration. However, use of the TM and SM symbols may be governed by different local, state, or foreign laws. The federal registration symbol ® can only be used after the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol ®may not be used before the mark has actually become registered. Patent Agent
Can I Apply For A Registered Trademark By Myself?
Yes, and you would also be responsible for observing and complying with all the procedural issues and requirements. Trademark registration is not easy, you may need professional help. The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. Patent Trademark Patent Idea
Copyright or Patent?
There are three types of protection for intellectual property. Property that a person creates with their mind or intellect.
* patents protect inventions and improvements to existing inventions
* trademarks are brand names and/or designs which are applied toproducts you can sell or services that you offer
* copyright protection covers literary, artistic, and musical works.
* Examples of Copyrights
* Gone With The Wind - the book and film
* System of A Down - the band's recordings and artwork
* Video games are all works that are copyrighted. Patent Application
Copyright Protection
Your work is under copyright protection the moment it is created and fixed in a tangible form so that it is perceptible either directly or with the aid of a machine or device. The moment you write it, paint it, or put it on the internet, your work is copyright protected.
Library of Congress
In the United States, the Library of Congress officially registers copyrights which now last for the life of the author plus 70 years. No one else can profit or copy your ideas without your permission invented during this time period.
Do I Need to Invention Register? Your works of art, music, etc, all have copyright protection with or without formal copyright registration with the Library of Congress or any other copyright office. However, copyright registration adds proof of copyright ownership and aids you in fighting copyright infringement. Copyright literally means the right to copy. Patent Law
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