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Unformatted text preview: CHAPTER 14 CHAPTER INTELLECTUAL PROPERTY TYPES OF INTELLECTUAL PROPERTY PROPERTY Trademarks Patents Copyrights Trade Secrets TRADEMARKS TRADEMARKS Trademark: Mark, Word, Picture or Design That Trademark: Attaches to Goods Attaches Service Mark: Mark Associated With a Service Collective Mark: Mark Representing Membership in Collective an Organization or Association an Trade Dress: Color, Design or Shape Associated with a Trade Product or Service Product Trade Names REMEDIES FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS RIGHTS Money Damages Lost Profits Attorneys Fees Injunctions TRADEMARK REGISTRATION TRADEMARK Qualification: Must Use Trademark in Interstate Qualification: Commerce Commerce Registration: Patent and Trademark Office File Application with PTO Published in Official Gazette Hearing Held If Approved, Registered in Principal Register Notify PTO after Six Years in Use Renew Every 10 Years-Indefinitely Length of Registration: TRADEMARK ENFORCEMENT TRADEMARK Trademark Infringement: Manufacturing, Trademark Selling, Distributing Products or Services with Unauthorized Mark Unauthorized Civil Violation: “Infringement” Unauthorized Civil Use Use Criminal Violation: Palming Off Counterfeits TRADEMARK VIGILANCE TRADEMARK Trademark Owner Must Be Vigilant Must Prevent Unauthorized Use of Trademark To Avoid Trademark Becoming Generic Public Becomes Confused Trademark Owner Loses Protection PATENTS PATENTS Definition: Property Rights Created by Federal Definition: Law and Recognized by Patent and Trademark Office for Limited Period of Time Office Applies to Inventions PATENTABLE SUBJECT MATTER PATENTABLE Processes Machines Improvements Designs Plants DURATION OF PATENTS DURATION Utility Patents: 20 Years Plant Patents: 17 Years Design Patents: 14 Years COPYRIGHTS COPYRIGHTS Definition: Intellectual Property Right of Definition: Author or Originator of Literary or Artistic Work To Have Exclusive Use of Work Work Creation: Automatic When Work Is Put in Creation: Tangible Form Tangible Duration: Life of Author Plus 70 Years FAIR USE OF COPYRIGHTS FAIR Certain Uses of Copyrighted Works Are Certain Permitted Permitted Teaching News Reporting Critique Comment TRADE SECRETS TRADE Definition: Information a Business Possesses Definition: That Gives Advantage over Competitors That Examples Customer Lists Research Results Marketing Plans Formulas Designs ACQUISITION OF TRADE SECRET PROTECTION PROTECTION Originality and Development of Information DURATION OF TRADE SECRET PROTECTION PROTECTION Unlimited As Long As Kept Secret Once Revealed No Longer a Trade Secret ...
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This note was uploaded on 05/19/2011 for the course BESINESS 213 taught by Professor Streve during the Spring '11 term at Missouri State University-Springfield.
- Spring '11