III. Trademarks
Trademark protection is one of the most important areas of intellectual
property law. Trademarks and service marks are the brand names and company names our society
uses to distinguish the source of the goods and services we purchase. Such marks are crucial
to the functioning of entrepreneurial societies such as ours. Access to inexpensive
trademark protection is vital, without inexpensive trademarks, small businesses
would be unable to protect their tradenames in the marketplace.
Think of the names of favorite restaurants, malls, shops, services, and products of
every shape and description. These names are trademarks and service marks. Logos may be
trademarks. A distinctive "trade dress" (color or style of packaging) can be protected. Even very short
phrases might receive trademark protection. Increasingly, even sounds, colors
and scents may be protected.
There are some rules regarding the
subject matter that can be protected. For example, the mark must be distinguish
the product or service from competitors, rather than being similar to the mark of
another party or a generic description of the good or service. Thus, trademark
registration presents a simple process within a potentially challenging legal context.
In addition to federal protection, most states
offer more limited protection of trademarks and service marks. However, the protection
offered at the federal level is far more comprehensive.
Finally, it is important to know the laws
regarding the appropriate indication of a trademarked status. For example, trademarks
should be in some manner distinguished from the text around them, or they
risk becoming common names for the product. As another example, the ® symbol may only
by used in conjunction with federally registered marks.
1. Types of Intellectual Property
2. About Patents
.....a) Computer Patents
.....b) Software Patents
.....c) Telecommunications Patents
.....d) Electronics Patents
.....e) Business Method Patents
.....f) E-commerce Patents
.....g) Mechanical Patents
.....h) Chemistry Patents
.....i) Biotechnology
Patents
.....j) Pharmaceutical
Patents
3. About Trademarks
4. About Copyrights
5. Other Types of Protection
6. International Protection
7. Costs
8. For a Free Initial Consultation
9. Further Questions
10. About Mr.
Barber