Trademark Vs Patent Law Essay

I wouldn’t choose a trademark protection, since it not apply to the invention. A trademark typically includes a symbol, word, or words legally registered or established by use as representing a company or product.

Trademark : A trademark is a recognizable insignia, phrase or other symbol that denotes a specific product or service and legally differentiates it from all other products. It also serves to exclusively identify a product or service with a specific company, and is a recognition of that company 's ownership of the brand. Trademarked products are generally considered a form of property. Most countries have agencies through which businesses can have their products trademarked. One of the main purposes of having a product trademarked is to protect the product from being used without permission of the source company. Most countries have patent laws which are designed to protect against copyright infringement. International copyright regulation is much more complicated, as there exists no universally recognized patent office.

Trademark rights can be acquired by being the first to put the mark to use in commerce

While a trademark cannot be infringed upon at any time, if a trade secret is obtained through legal means it is no longer protected from use. With a patent, third parties are prevented from making, using or selling the invention thus protecting the funds used in the research and development (R & D)effort. This initial investment can be recovered and if the product is desirable, business success is realized for the property owner.

According to Chernoff, Vilhauer, McClung & Stenzel, the following table outlines the three major differences between patents and trade secrets:

A patent gives the authority to deny people the right to use, make or sell the invention. You can only patent an invention if it is completely new and not an adaption of an invention already present in the market, and if it can be made or used.

My goal is to make sure that clients who have an acceptable idea or invention that deserves to be protected should have that idea patented by the federal government. I have the expertise and knowledge to take you through the entire process step by step and achieve the best result for you.

The Lanham Act defines the term trademark to include “any word, name, symbol, or device, or any combination thereof . . . to identify and distinguish his or her goods . . . and to indicate the source of the goods, even if that source is unknown.” The United States Patent and Trademark Office and the U.S. federal courts have interpreted the definition liberally allowing a breath of nontraditional marks to be registered if it.

A patent is a twenty year exclusive monopoly on the right to make, use and sell a qualifying invention. This legal monopoly is considered a reward for the time and effort expended in creating the invention. In return, the invention must be described in detail to the Patent Office, which publishes the information, thus increasing the amount of technological knowledge available to the public. To obtain a U.S. patent, an inventor must apply to the Patent Office and demonstrate that the invention is new (as compared to prior technology), useful, and "nonobvious." An invention is nonobvious if it is more than a trivial, obvious next step in the advance of the technology. Software patents can be extremely powerful economic tools. They can protect features of a program that cannot be protected under copyright or trade secret law. For example, patents can be obtained for ideas, systems, methods, algorithms, and functions embodied in a software product: editing functions, user-interface features, compiling techniques, operating system techniques, program algorithms, menu arrangements, display presentations or arrangements, and program language translation methods. Since patent rights are exclusive, anyone making, using or selling the

A patent is defined as “a document issued by a government office which describes an invention and creates a legal situation in which the patented invention can normally only be exploited - manufactured, used, sold, imported - with the authorization of the owner of the patent” (World Intellectual Property Organization). Thus, a patent is a form of intellectual property. Patent infringement occurs when the defendant has violated this intellectual property, by making, using, selling, offering to sell, or importing an infringing invention or its equivalent. “For a court to find infringement, the plaintiff must show the presence of every element or its substantial equivalent in the accused device” (Wolverine World Wide, Inc. v. Nike, Inc., 38 F.3d 1192, 1199, Fed. Circ. 1994).

The main differences between the copyright,patent,and trademark law is that according to civil code (980) states that: the author of an original work has total ownership of the created object or record.” this law clearly states that the owner of an original work has total ownership and so no one else can claim the record unless he/she buys it directly from the creator of the song or album,so this applies to copyright because the original owner of a record or any other work for that matter has a protection by the Federal bureau of investigation (FBI) and the central intelligence agency (CIA),with this protection the owner of the work must convince the court that he created the copyrighted work which someone else stole,the federal government

In determining whether a trademark is inherently distinctive or not, the courts have come up with certain tests. The classic test for determining a trademark’s distinctiveness was outlined in Abercrombie & Fitch Co. v. Hunting World, Inc. The Abercrombie spectrum is one of the most accepted one in trade dress cases, and is has a universal acceptance in determining trade dresses distinctiveness. The prime factors that are considered in the court are the degree to which the trademark or trade dress is generic, descriptive, arbitrary, suggestive, or fanciful. Some courts include this widely accepted test into their own versions of tests.

Trademark infringement is a growing concern to businesses that has caused disruptions in both local and international trade. Infringement is the violation of intellectual property rights in which violators take organizations/individuals ideas (trademark) and market them as their own. Another form of intellectual property is copyright that protects people’s creating expressions. In the case of infringement and copyrights, the accuser can file a claim against the alleged group/individual for using their trademark or ideas. If they are convicted then they’ll be required to pay reimbursements for damages caused or losses incurred, prohibit further infringement actions, and recall all products that were produced, but there is a loop hole in this

Legal Background- A Trademark is a word, name, symbol or device that is used with goods to distinguish them as a unique product. Trademark rights hold that others should refrain from using similar names that have a tie-in or imply some level of relationship. Often, authors of books or music trademark certain names so that ancillary products cannot be produced that imply collusion or similar nature. Of course, the word "twilight" used in a poem or story, is not trademarked. But a "Twilight" beer, pen, backpack, or other

For a copyright, an author must distinguish the requirement of originality, which means, “The work owes its origin to the author, is independently created and not copied from other works.” (Macrina, 2014 p.299). in regards to a patent, the inventor must distinguish the requirement of novelty. Novelty is defined as the invention must not have previously existed in any way or have been used by other individuals. For an inventor to prove novelty they must also prove the invention has not been described in a publication worldwide (Macrina, 2014 p.299). Obviously, the requirement of originality is much easier to prove than the novelty of an invention, which results in copyright infringement being difficult to prove since the individual must have evidence of not only similarity but verbatim copying of the original work. When filing to have a patent on an invention or subject matter, the main criteria are, “It must be useful, new or novel, nonobvious and reduced to practice.” (Macrina, 2014 p.306).