Question: What is a trademark, and how does it differ from a service mark?
Answer: The term “trademark” includes any word, name, symbol or device used by a person in commerce to identify and distinguish his or her goods from those of others. Things that can be trademarked include brand names, logos, packaging, product design and color. A service mark is the same but it is used for distinguishing the origin of services as opposed to goods.
Q: Is it necessary to register a trademark or service mark with the U.S. Patent and Trademark Office?
A: Registering your trademark or service mark with the USPTO is not required, but it will provide you with several benefits, including public notice of your claim and legal presumption of ownership and exclusive rights to use the marks nationwide. It also gives you the right to use the federal registration symbol, which is a capital “R” with a circle around it. In addition, those who hold a U.S. registration can use it as a basis to obtain registrations in foreign countries.
Q: Where can I register a trademarks or service mark, and how much does it cost?
A: Registration forms are available electronically at www.uspto.gov/teas/teasplus.htm. TEAS stands for Trademark Electronic Application System. The application fee varies depending on what form you use. The TEAS-plus version of the form is $275 for each class of goods or services, but it does not allow you to describe the goods and services in your own words. Rather, you must choose from pre-approved identifications. The regular TEAS version of the form is $325 per class, however the examiner may find the manner in which you describe your goods or services as unacceptable.
Q: How long do federal registrations last for trademarks and service marks?
A: The registration lasts for 10 years, but a statement of continued use must be filed between the fifth and sixth year of registration or it will lapse. The registration can be renewed in perpetuity.
Q: What is the purpose of a copyright?
A: A copyright provides legal protection for original works of authorship, such as writings, music, film, photography and works of art. It does not include unrecorded dance or speech. If the work was created on or after Jan. 1, 1978, the copyright will last for your lifetime plus 70 years. Registering your copyright with the U.S. Copyright Office is not required, but is recommended. Registration entitles you to sue others for infringement and renders you eligible for statutory damages and attorney’s fees if your litigation is successful.
Q: How do you obtain a copyright, and how much does it cost?
A: You can file an application electronically through the Copyright Office’s online system at www.copyright.gov/eco. The fee is $35 for each application filed electronically. You can upload a digital copy of the work to be registered or mail a copy to the Copyright Office.
Q: What does the U.S. Patent and Trademark Office look for when deciding to award a patent for an invention?
A: The invention being patented must be novel or new. It also must be non-obvious, meaning that it must be sufficiently different from prior art. Substitution of one material for another, changes to size, color, etc., are generally not patentable.
Q: What are the different types of patents?
A: A utility patent protects the manner in which an invention works or is used. A design patent protects only the ornamental appearance of an invention, not its utilitarian features. A plant patent protects distinct and new varieties of asexually reproduced plants. Seed plants are protected through a parallel regime under the U.S. Department of Agriculture.
Q: What is a provisional patent application?
A: It establishes an early effective filing date for a later nonprovisional or international patent application. It allows the term “patent pending” to be used in connection with the invention. It’s a quick and inexpensive way for an inventor to obtain an effective filing date without all the requirements and expense of a nonprovisional application. But a provisional patent only lasts 12 months. Provisional patents are not examined by the Patent Office and cannot by themselves result in patent protection.
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Interviewed by Alan Yonan
