FINAL EXAM 4 SG Flashcards
What are the 3 major branches of IP?
Trademark, copyright, and patent
distinctive word, symbol or design that identities the manufacturer as the source of particular goods and distinguishes their product/ services from others
trademark
Right of an author to have exclusive use of that work for given period of time
copyright
grant from the government that gives an inventor exclusive rights for that work for a given period of time
patent
what are the importance of trademark, copyright, and patent, how does the source affect the way the given area of IP operates
it influences the way things are dealt with because violations are punishable by LAW Statutory protection of IP started in the 40s and evolve to meet the needs of modern society
what is the duration of each branch of Intellectual property
patent- 20 years from date filed
copyright- length of authors light + 70 years
trademark- lasts as long as its in use
how does the trademark registration work
the process is 1. the app is filed, 2. Patrent and trade office examines, 3. if approved, its published and theres 30 days for opposition to be allowed 4. statement of use must be filed within 6 months
do you have to use your mark right away?
it must be: 1. currently in commerce 2. applicant intends to put into commerce within 6 months
purpose is so that people dont reserve TM they arent going to use
what are some advantages of TM registration?
constructive use date going back to application. Registration represents: validity/ ownership of mark
able to sue and collect damages
bc of how its used and where its used people might buy it will prob see it as a label that shows who made service or product
inherent distinctiveness
not inherently distinctive, purchases have come to perceive it as a designation that identfies specific goods or services
acquired distinctivness
what is the spectrum of TM
Arbitrary, fanciful, suggestive, descriptive, and generic
real word that has nothing to do with the product like apple
arbitrary
made up word like google
fanciful
association without describing the product directly, customer must use imagination to figure out the products like dairy queen
suggestive
mark evolves from what the brand represents to who the brand represents like nike
descriptive
mark describes qualities or characteristics and recives no legal protection
generic
TM has been used without authorization. owner of the TM must show that the defendants goods or services
infringement
distinctive or famous TMs are protected from unauthorized uses of the marks, regardless of a showing of competition or likelihood of confusion
dilution
what is the difference between infringement and dilution
dilution there is no need to prove a likelihood of confusion to protect a mark. The only requirement for dilution is that the use of a famous mark by a third party causes the dilution of the distinctive quality of the mark
uses to distinguish services like a regular TM
service marks
signifies a union, cooperative, association is behind the good or service (CPA)
Collective marks
certifies quality
certification marks
image and overall appearance of a product
trade dress
