What's in a Mark?
Any word, phrase, symbol, design or a combination of these to identify goods or services.
What is a trademark?
This term refers to the unique address that identifies a website on the internet.
What is a domain name?
Everyday terms that are not really protectable under any trademark, as they are too common.
Ex: Lip Balm and Lotion
What is a generic mark?
Legal protection that grants creators exclusive right to their original works.
What is copyright?
What legal document grants an inventor exclusive right to their invention for a limited time?
What is a patent?
The three symbols used for a registered trademark.
What is TM, SM and a R with a circle around it.
Which types of databases are searched during a trademark clearance search?
What are federal, state and international trademark databases?
Trademark that consists of common words used in an odd way.
Ex: Subway (for sandwiches) and Lotus (for software)
What is an arbitrary mark?
How many years does a copyright last for works created after January 1, 1978?
What is the life of the creator plus 70 years.
This type of information, often confidential, can provide a competitive edge in business.
What is trade secrets?
Three benefits of a trademark.
What identifies the source of goods or services, provides legal protection, guard against counterfeiting and fraud.
What term describes the process of researching existing trademarks to avoid conflicts when launching a new brand?
What is a trademark clearance search?
Trademark that uses simple terms to provide an immediate idea of what is being made.
Ex: Sweet Treats (desserts) Apple Pie (scented oil)
What is a descriptive mark?
What is the doctrine that allows limited use of a copyrighted material without permission?
What is fair use?
The process of applying for a patent involves this step, which determines if the invention is new and non-obvious.
What is a patent search?
Consumers may mistake two different brands or products to be from the same source due to similarities in their name, logo, or branding.
This term describes the unauthorized use of a trademark in a domain name that could mislead consumers.
What is cybersquatting?
What distinctive trademark can consist of made-up words that are not in the dictionary? Ex: Kleenex and Adidas
What is a fanciful mark?
What U.S. office is responsible for copyright registration?
What is the U.S. Copyright Office?
In 2011, the U.S. passed this act to streamline the patent process and improve patent quality.
What is the America Invents Act?
Typically outlines issues or objections that must be addressed before a trademark application can proceed.
What is an office action?
Why is conducting a trademark clearance search crucial before filling for a trademark?
What is to identify potential conflicts and minimize the risk of infringement?
Ex: Coppertone (sun-tanning lotion) Netflix (streaming service)
What is a suggestive mark?
What term describes the unauthorized use of copyrighted material?
What is copyright infringement?
This term refers to the unauthorized use or disclosure of a company's trade secret.
What is misappropriation?