Chapters 3 and 4
Chapter 3:
Trademarks: - Definition: A brand name that is represented by a symbol, name, or character - Purpose: To protect the public from confusing brands - The Lanham Act: (Federal Trademark Act or the United States Trademark Act) governs trademarks and considers a trademark as any word, name, or symbol to identify a business and their goods
Registration of Trademarks: - The United States Patent and Trademark Office (USPTO or PTO): The agency that grants patents for the US - Registered trademarks last 10 years and must be renewed if the company wants their logo to be trademarked - Principal Register: a list of all the marks and names that are protected by a trademark and that are approved - To register applicants must put their application online through the Trademark Electronic Application System(TEAS) - Every Tuesday approved trademarks appear on The Official Gazette for Trademarks (OG) - Trademark Electronic Search System : an online search engine that allows people to look up registered trademarks -USPTO Trademark and Appeal Board (TTAB): if applicants get rejected they can appeal the decision to the USPTO TTAB
Generic Terms: -Definition: incapable of indicating a source - Trademarks must be unique and not basic - Trademarks can turn into a "generic term" if the public does not use the trademark when describing the company or the companies products
Chapter 4:
Patents: - Definition: an intellectual property right - Purpose: advancement of the art and sciences - Utility Patent: granted to people who invent a new process, machine, or useful improvement -Design Patent: granted to people who invent a new idea for an article of manufacture
Requirements for Patent: -Must invent a new and useful process - Must have novelty, utility, and non-obviousness
Application: - It is advised to hire a patent agent to help with the application process -Patent Agents: non attorneys that represent applicants before the patent office
- They do patent novelty searches, advise clients, prepare files, and proposes the
patent to the USPTO
- Patent agents negotiate with the USPTO in a patent prosecution -Most of the time they are arguing whether the patent is obvious and common sense