What is Trademark?
Trademarks protect words, names, symbols, sounds, or colors that
distinguish goods and services from those manufactured or sold by others and to indicate the
source
of the goods. Trademarks, unlike patents, can be renewed forever as long as they are being used
in
commerce.
Do I need to hire a lawyer or agent?
If you are ready to apply for a new trademark, we strongly recommend
to contact an attorney who is experienced in trademark prosecution.
An attorney who has better understanding of IP Law may prosecute your application for trademark registration.
Is there such a thing as an international trademark?
No. But you can obtain trademark protection in a number of countries
by
filing a single "international application" under the Madrid Protocol.
What if someone else is using my registered mark on
related goods and services?
You may challenge use of your trademark by someone else in several
ways, depending on the factual situation. You should consider contacting an attorney specialized
in trademark law. Local bar associations and phone directories usually have attorney listings
broken down by specialties. Time can be of the essence.
Who may file an application?
Only the owner of the trademark may file an application for
registration.
The owner controls the use of the mark, and controls the nature and quality of the goods to
which it
is affixed, or the services for which it is used. The owner may be an individual, corporation,
other types.
How much does it cost to apply for a trademark?
The two main costs involved in a trademark application would be the
official filing fees and your patent agent's fees (if you engage one). The total cost varies
from
case to case depending on the approach you take and the complexity of the case.
Must I register my trademark?
No. You can establish rights in a mark based on use of the mark in
commerce, without a registration. However, owning a federal trademark registration on the
Principal Register provides several important benefits.
What is a service mark?
A service mark is a word, phrase, symbol or design, or a combination
thereof, that identifies and distinguishes the source of a service rather than goods. The term
"trademark" is often used to refer to both trademarks and service marks.
What is a certification mark?
A certification mark is any word, phrase, symbol or design, or a
combination thereof owned by one party who certifies that the goods/services of others meet
certain standards. The owner of the mark controls over the use of the mark. The sole purpose of
a certification mark is to indicate that certain standards have been met while use of the mark
is acted by other parties.
What is a collective mark?
A collective mark is any word, phrase, symbol or design, or a
combination thereof owned by a cooperative, an association, or other collective group or
organization and used by its members to indicate the source of the goods or services.
When can I use ® symbol?
You can use the ® symbol after the status of your mark has been
updated as "Registered".
What is the Madrid Protocol?
The Protocol Relating to the Madrid Agreement Concerning the
International Registration of Marks (Madrid Protocol) is an international treaty that allows a
trademark owner to seek registration in any of the countries that have joined the Madrid
Protocol by filing a single application, called an "international application." The
International Bureau of the World Intellectual Property Organization, in Geneva, Switzerland
administers the international registration system.
The resulting "international registration" serves as a means for seeking protection in member
countries, each of which apply their own rules and laws to determine whether or not the mark may
be protected in their jurisdiction. Neither the Madrid Protocol nor the Madrid Agreement provide
for registration of an "internationally effective" trademark.
What is a patent?
A patent for an invention is the grant of a property right to the
inventor. Patents are granted for new, useful and non-obvious inventions for a period of 20
years from the filing date of apatent application, and provide the right to exclude others from
exploiting the invention during that period.
How do I find out if I need a
patent, trademark or a
copyright?
Patents, Trademarks, and Copyrights are three types of intellectual
property protection. They are different and serve different purposes.
Patents protect inventions, and improvements to existing inventions.
Trademarks include any word, name, symbol, or device, or any combination, used, or intended to
be used in commerce to identify and distinguish the goods of one manufacturer or seller from
goods manufactured or sold by others, and to indicate the source of the goods. Service marks
include any word, name, symbol, device, or any combination, used, or intended to be used, in
commerce, to identify and distinguish the services of one provider from services provided by
others, and to indicate the source of the services.
Copyrights protect literary, artistic, and musical works. For general information, publications
and other copyright related topics.
What is the difference between an invention?
An invention is a unique or novel device, method, composition or
process. The invention process is a process within an overall engineering and product
development process. ... The rules and requirements for patenting an invention vary from country
to country and the process of obtaining a patent is often expensive.
What is the difference between an utility model?
A utility model is an intellectual property right to protect
inventions. This right is available in a number of national statutes, as described below. It is
very similar to the patent, but usually has a shorter term (often 6 to 15 years), shorter grant
lag and less stringent patentability requirements.
What is the difference between an industry design?
Industrial design is a process of design applied to products that
are to be manufactured through techniques of mass production.
How much does it cost to apply for a patent?
The two main costs involved in a patent application would be the
official filing fees and your patent agent's fees (if you engage one). The total cost varies
from case to case depending on the approach you take and the complexity of the case.
Can I apply for a patent?
It is the inventor who has the right to apply for a patent for an
invention. However, the right to apply for a patent can be transferred to another person –
physically or legally (assignment). The applicant referred to in a patent application can,
therefore, be one or more people or companies.
Can I obtain international patent protection for my
invention?
There are two treaties that provide for international protection.
One is the Paris Convention for the Protection of Industrial Property which governs 140
participating countries and the other Patent Cooperation Treaty (PCT) which governs over
100 member countries.
Can I patent an idea of a new invention?
No, an idea of a new invention alone cannot be patented. To qualify
for patent protection, an invention has to be applied to a product or process and has to fulfil
other criteria such as being new, involving an inventive step and be capable of industrial
application.
Do I need to hire a lawyer or agent?
The patent application process is complex. If you are ready to apply
for a patent, we strongly advise you contact to a registered patent attorney or agent. Only
registered attorneys and agents may help others to obtain patents.
What is a copyright?
A copyright protects original works of
authorship including literary, dramatic, musical, and artistic works, such as poetry, novels,
movies, songs, computer software, and architecture. The duration of copyright protection
depends on several factors.
How much does it cost to apply for a copyright?
The two main costs involved in a copyright application would be the
official filing fees and your patent agent's fees (if you engage one). The total cost varies
from case to case depending on the approach you take and the complexity of the case.
Who can apply for a copyright?
Only the author of an original work or someone who has obtained
rights from the author can register a copyright.
What if someone else is using my copyright?
First, you should determine if your work that has been copied
is protected by copyright law. Next, you should determine whether you actually own the rights to
the work. Even though the person has used your work, they might have a successful fair use
defense. This means that their use of your work is not illegal.