This is all from my “patent, trademarks, and copyrights” file. It’s just a dump of the word document so excuse the poor formatting, which I have also uploaded to be downloaded for free here in a convenient word document. (Right click > save as)
Information on Patents, copyrights and trademarks
All of the following data was copied directly from websites. To get to the website click on the link that follows each section.
For information from the US Government on Patents and Trademarks use this link:
Free trademark search at:
http://www.nameprotect.com/cgi-bin/FREESearch/search.cgi
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Do I Need a Trademark? |
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Trademark Basics Information about what can be protected as a trademark, and other basic information about trademarks is available on our Trademarks section page.. About Federal Registration Marks can become powerful symbols of products and services in the marketplace that help businesses create branding strategies that establish consumer loyalty, deter competition, and make money for the owner of the mark. Whether you are implementing a marketing plan or working to develop one, the success of that plan may ultimately depend on the steps you take now to research and federally register your marks. Use-Based and Intent-to-Use Applications Under the current national system, a mark already used in interstate commerce can be registered, and a mark that is intended to be used in interstate commerce can be the subject of a intent-to-use application, which in effect, allows the applicant to reserve rights in a mark nationally from the filng date to as long as 3 years from the date the application is approved for registration. Benefits of Federal Registration Specific benefits of having a federally registered trademark include: constructive notice nationwide of the trademark owner’s claim; evidence of ownership of the trademark; the jurisdiction of federal courts may be invoked for infringement disputes; registration can be used as a basis for obtaining registration in foreign countries; and registration may be filed with the U.S. Customs Service to prevent importation of infringing foreign goods. Establishing Nationwide Priority Federal registration will protect your business goodwill in your marks and enable you to maintain an exclusive position in the marketplace for your product or service. You can obtain nationwide priority with your marks and block others from registering confusingly similar ones. You can establish national rights by using and seeking to register a mark, or you can reserve it nationwide by filing a federal application stating that you intend to use the mark. The Biggest Mistake The single biggest mistake we have seen over the years is when a mark is selected, adopted, used, and promoted without the benefit of a professional search. Then a cease and desist letter is received or a lawsuit is filed. If it turns out that someone else has rights in your mark, your investment of time and money, as well as the goodwill associated with the mark, can be totally lost. You could also be held liable for monetary damages, loss of sales, and legal fees. Clearly, it is better to check out a mark prior to adoption and use, and to avoid the risk that you will lose potential rights by filing an intent-to-use application before the mark is publicly exposed. |
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http://www.litmanlaw.com/content.aspx?page=272§ion=2
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How Do I Obtain a Trademark? |
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The Trademark Search Obtaining a federal trademark registration will provide important legal protection for your business. However, should you desire to use a mark, with or without federal registration, a professional trademark search is recommended to determine whether your mark is eligible for adoption, use and federal registration. A trademark search could also alert you to whether your use of the mark would infringe upon another party’s trademark rights. It will help you find out whether your mark is available and whether or not you can claim exclusive rights for it. If your mark contains both words and design, it’s wise to conduct searches for both. For word marks, a search should include federal registrations and applications as well as state registrations and common law marks nationwide. A design search should include federal and state records. X-Search at the We use the same Federal Search resources as the Trademark Examining Attorneys who review federal trademark applications. The X-Search system is not available online and our trademark search at the U.S. Trademark Office may pick up relevant marks not available in an online search. Why? The X-Search system uses the same database as the Federal Government, containing over 3.2 million registered marks and over 940,000 figurative elements. These records cover the widest possible span of time, from the oldest active mark (May 27, 1884) to marks currently in the process of registration. Applying for Federal Registration After the search indicates that a mark can be registered, you should apply for federal registration as soon as possible. You have two options. You can file a “use-based” application if the mark is currently in use in interstate commerce. Alternately, you can file an “intent-to-use” application if you have not yet used the mark, but intend to do so and wish to reserve it for use in the future. An “intent-to-use” application to obtain trademark protection establishes nationwide priority for a mark from the filing date of the application. To receive a Certificate of Registration, you must demonstrate actual use of the mark to the U.S. Patent & Trademark Office. Federal registration rights can last as long as the mark is being used. |
http://www.litmanlaw.com/content.aspx?page=274§ion=2
You can pay to have a trademark search done for you by these people:
https://www.litmanlaw.com/content.aspx?page=9§ion=7
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Do I Need a Copyright Registration? |
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Copyright Basics Information about what can be copyrighted, who owns the copyright, the term of the copyright, and other basic information about copyrights is available on our Copyrights section page. Registration is a Smart Move In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several benefits to encourage copyright owners to seek registration. Public Record and Prima Facie Evidence Registration establishes a public record of the copyright claim. If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate. Customs Recordation Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. Registration is Required to File a Lawsuit for Infringement Before an infringement suit may be filed in court, registration is necessary for works of Remedies for Infringement If a person copies or uses your work without your permission, you can seek financial recovery. If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. The law will enable you to recover statutory damages up to $150,000.00 in cases of intentional copying, and from $750.00 to $30,000.00 for unintentional copying. Or you may receive the amount of any profits earned by the person who copied your work and your lost profits as a result of the infringement. If registration is not made within 3 months after publication of the work or prior to an infringement of the work, only an award of actual damages and profits is available to the copyright owner. With copyright registration, you will also have the power to stop sales of unauthorized copies of your work and to have copies seized and destroyed. Copyright Notice The use of a copyright notice is no longer required under Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant’s interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in section 504(c)(2) of the copyright law. Innocent infringement occurs when the infringer did not realize that the work was protected. Please note that you cannot exercise any of these legal remedies without first obtaining a copyright registration for your work. |
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http://www.litmanlaw.com/content.aspx?page=281§ion=3
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How Do I Obtain Copyright Registration? |
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http://www.litmanlaw.com/content.aspx?page=283§ion=3
This is the official
Copyrights, Patents, Trademarks
CDFS-1203-95
Small Business Series
Gregory R. Passewitz
A working knowledge of copyrights, patents and trademarks is useful for anyone who operates his or her own business. This factsheet provides definitions and procedural information.
Copyright
A copyright is a form of protection provided by law to authors of original works. Original works can include: literary, musical (including accompanying words), dramatic (including accompanying music), choreographic and pantomime, pictorial, graphic, sculpture, motion pictures and other audio-visual works and sound recordings. In addition, maps, blueprints, patterns, and computer programs may also be copyrighted.
A copyright provides the author the exclusive right to reproduce or sell the work. This protection is available to published and unpublished works when the original has been fixed in a tangible form–written down, recorded or made. Joint authors of works are co-owners of a copyright, unless there is an agreement stating differently.
Certain materials generally cannot be copyrighted. These include standard calendars, height and weight charts, tape measures and rulers, schedules of events taken from common sources, and works consisting entirely of information from common property and containing no original authorship. Unless original subject matter is included, the following cannot be copyrighted: blank forms, account books, score cards, titles, names, slogans, and ingredient lists.
Securing a Copyright
No publication or registration is required to secure a copyright under present law. Prior to 1978, this was not the case. Currently a copyright is secured automatically when the work is created and fixed in copy for the first time. Publication is no longer a key to obtaining statutory copyright. A copyright is claimed when a copyright notice is included on the item. A copyright notice has three elements:
The copyright symbol is a Circle C, ©, or the word copyright or the abbreviation COPR, or the symbol Circle P, P, for photo records.
The year of the first publication.
The name of the copyright owner or abbreviation, for example, John Doe, 1989.
A copyright notice can appear anyplace in or on the work, as long as it can be readily seen.
In writings, it is usually on the first page or two.
To Register a Copyright
Copyright registration is not a condition for protection, but it is usually a prerequisite for an infringement suit. To be registered requires a completed application form, one copy of an unpublished work or two copies of a published work. For more information and registration, write to: Copyright Office, Library of Congress,
Note: Some businesses such as sewing and woodworking use patterns in the making of products. This may be in violation of the copyright law. It is the responsibility of the maker of the product to check to make sure there is no copyright violation. This can be done by checking the pattern or package and/or by writing a letter to the originator of the pattern. Likewise, makers of original patterns should seriously consider obtaining a copyright registration for protection of their pattern.
Length of Protection
A copyright created after January 1, 1978, generally protects the work from reproduction for the author’s life, plus 50 years after the author’s death. If the work is joint or co-authored, the protection lasts 50 years after the death of the last surviving author. For works for hire, it is 75 years from publication or 100 years from the creation of the work, whichever is shorter. With works copyrighted before January 1, 1978, the original copyright was for a term of 28 years with a renewal term of 47 years for a total of 75 years. For more information, contact the Copyright Office and request Circulars R15A and R15T.
Sources and Information
“Copyright Basics,” Copyright Office, Library of Congress. For a list of all materials published by the Copyright Office, write for “Publications of the Copyright Office,” Library of Congress,
Patents
A patent is an exclusive property right granted by the Commissioner of Patents and Trademarks, U.S. Department of Commerce. Patents confer to the inventor the right to exclude others from making, using or selling an invention or idea anywhere in the
Securing a Patent
The first step in securing a patent begins with the inventor, who writes the idea in detail. This should be done in the context of originality and superiority of your invention to other similar devices. Next, you must determine the “novelty” of the product or processes. Novelty is a critical step in patenting your invention. There are two phases used to determine novelty: 1) analyze the invention according to specific standards; and 2) determine if anyone else has a patent on yours or a similar invention. In analyzing your product or process, you should answer the following questions:
Is my product or process new, useful and an unobvious process, machine, composition of matter or idea; or is it a new, useful and an unobvious improvement?
Is my product or process new, or an unobvious original and/or ornamental design for an article of manufacture, such as a new design for a product?
Is my invention a new or distinct variety of plant other than tubes-propagated, which is asexually reproduced.
Was my idea known or used by others in this country before I thought of it.
Was my idea or invention patented or described in a printed publication in this or a foreign country before I thought of it.
Was my idea or invention described in a printed publication more than one year prior to the date of the application for patent in the
Was my idea or invention in public use or for sale in this country more than one year prior to the date of patent.
Search for Existing Patents
A search of the Patent Office files is necessary to determine if a patent has been granted to an idea or an invention similar to yours. You do not have to personally search the files. Associates at the Patent Office can do this.
Professional Assistance
It is highly recommended that professional assistance be obtained. The process of establishing your patent is difficult and detailed. A patent lawyer or agent can assist you with this effort plus counsel you on a variety of legal and technical issues, including the scope of coverage for your claim.
Application for a Patent
After you have done an initial search and your idea or invention appears patentable, you should submit a patent application. The application is usually, but not always, in the name of the inventor. The application for a patent is made to the Commissioner of Patents and Trademarks,
A written document that outlines your request for a patent and descriptions and claims (new features of your invention).
A drawing of your invention when possible.
A filing fee.
The construction of your invention, its operation and advantages should be accurately described in the text of your patent request. For exact requirements of a patent application review document, “Title 37, Code of Federal Regulations,” which can be obtained from the Superintendent of Documents, Government Printing Office,
When the application is received and filed, an examiner reviews the application. If revisions of your application are necessary due to existing similar patents, you will be notified. If no revisions are necessary, a patent may be obtained by a payment fee, plus printing charges. For more information, the Patent and Trademark Office has published a booklet, “General Information Concerning Patents.” Copies can be purchased from the U.S. Government Printing Office and bookstores in
Trademarks and Other Marks
Marks are defined as “any word, name, including brand names, symbols, logos, or device used to distinguish products or services from the goods of others” and are protected by law. The purpose of a mark is to prevent others from selling the product or service on another business or person’s established good will. The U.S. Patent and Trademark Office recognizes four types of marks: trademarks, service marks, certification marks, and collective marks.
A trademark is used by a manufacturer or merchant to identify their goods and distinguish them from those manufactured or sold by others. A service mark is associated with services rather than goods. It is similar in intent to the use of a trademark. A certification mark indicates that the marked goods or services meet standards or requirements established by the owner of the mark. For example, Good Housekeeping has a certification mark. A collective mark identifies members of a group such as an organization, union or association.
Selecting a Mark
As with copyrights and patents, a mark must not be the same or similar to another mark already in use. Once you have chosen your mark it should be checked for duplication. For a fee, search services will provide a printed list of marks most similar to the ones you have selected. An attorney, preferably one specializing in marks, should then determine if the selected mark can be used.
Registering the Mark
To be registered, the mark must be used and products bearing the mark must be sold and shipped to a commercial customer. It must be shown that such a mark is identified with a particular product or service and it points directly to the origin or ownership of the product or service. Almost all states have their own trademark law. If a trademark is used entirely within one state, the only protection it has, other than common law, is registration under the state’s trademark law. Federal trademark law applies only to marks used in interstate commerce registering the mark.
A mark does not have to be registered. A non-registered mark has common law rights. Official registration, however, provides additional advantages. Registering the mark with a patent and trademark office offers these advantages:
Registration notifies everyone that the mark is claimed by the person registering it. This avoids the problem of proving an infringer knew of the infringement.
A registrant successful in the lawsuit can get an injunction against the infringer, receive payment for damages and be assured of the infringing label’s destruction.
Registration is considered sufficient proof in court of the mark’s validity and ownership.
The registrant may obtain relief against imported products bearing an infringement trademark.
These are three types of notices that signify a registered mark. These include: 1) registered in U.S. Patent and Trademark Office; 2) Reg. U.S. Patent and TM Office; and 3) a Circle R, ®. Federally registered marks may be renewed for 36-year periods.
More Information
The procedure relating to the registration of the trademarks is given in a pamphlet entitled “General Information Concerning Trademarks,” available from the Superintendent of Documents, Government Printing Office,
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