Trademark and Service Marks

In general terms, a trademark is a word, name, symbol, or device used in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by someone else A trademark indicates the source of the goods, it is a brand name. An example of a trademark would be "Super Dooper Green Cola" as the name of a soft drink.

A service mark is the same as a trademark, except that it identifies the source of a service rather than a good or product. An example of a service mark would be "Super Dooper Will Make You Super" as the slogan for a soft drink.

Unlike copyrights or patents, trademark and service mark rights can be renewed forever if the owner continues to use the mark to identify its goods or services.

The term of a federal trademark registration is 10 years, with 10-year renewal terms. However, between the fifth and sixth year after the date of initial registration, the registrant must file an affidavit setting forth certain information to keep the registration alive. If no affidavit is filed, the registration is canceled.

Do Trademarks or Service Marks Need to Be Registered with the U. S. Office of Patents and Trademarks?

No. You have certain rights to a mark once you begin using it. However, owning a federal trademark registration on your mark provides several advantages:

• A registered mark provides notice to the public of your claim of ownership of the mark.

• Registration creates a legal presumption of ownership of the mark and the exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration.

• Registration creates the ability to bring an action concerning the mark in federal court.

• Registration allows the use of the U.S registration as a basis to obtain registration in foreign countries as well as the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

Copyright

Copyright is a form of intellectual property law which protects original works of authorship. Copyright protection applies to literary, dramatic, musical, and artistic works (such as poetry, novels, movies, songs, computer software and architecture). Copyright protection does not apply to facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

A person's work generally obtains copyright protection as soon as it is created and fixed in a tangible form.

Do Copyrights Need to Be Registered with the U.S. Copyright Office at the Library of Congress?

No, however, registration does provide a number of important benefits:

• Registration places the copyright on the public record and gives you a certificate of registration.

• Registered works may be eligible for statutory damages and attorney's fees in successful litigation against someone infringing on your copyright.

Patent A patent is a property right granted by the United States to an inventor "to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States" for a limited time in exchange for agreeing to public disclosure of the invention when the patent is granted. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent.