Trademark News
* The USPTO will incorporate the changes made to the International Classification of Goods and Services which go into effect on January 1, 2024
* A new Trademark Search interface replaced the Trademark Electronic Search System (TESS) on November 30, 2023.
* Fashioning the Law: Legal Essentials for Fashion Designers, April 22, 2024, 1-2 pm
What is a Patent? What is a Copyright?
A patent gives its owner the legal exclusive right to his or her invention for a limited period of time. After the term of a patent expires, the technology become public domain to benefit of society. A patent is granted by a country's intellectual property office which in the United States is the United States Patent and Trademark Office (USPTO).
A copyright protects the intellectual content of artistic, literary and musical works such as a book, manuscript, musical score or photograph. See What Does Copyright Protect? Copyrights are registered with the United States Copyright Office.
Use the USPTO's IP Identifier to identify and protect your intellectual property.
For further explanation, watch the USPTO video Basic Facts: Trademarks, Patents and Copyrights.
Print and E-Books
Trademark: Legal Care for Your Business & Product Name by
Protect your business name and logo! Your business name, the names of your key products, and your logos, packaging, and slogans--all of these can function as trademarks that distinguish your business and its services and products. So it's important to choose your marks carefully and protect them vigilantly. Here, you'll find the most up-to-date information on how to select and protect a great trademark. Learn how to: choose trademarks that distinguish you from competitors search for marks that might conflict with your own register your mark with the U.S. Patent and Trademark Office protect your marks from unauthorized use by others resolve trademark disputes outside the courtroom, and create an Internet presence and secure a domain name. Includes step-by-step instructions on how to register and maintain your trademark with the federal government. Thoroughly updated, the 12th edition includes the latest laws and court cases, including the U.S. Supreme Court's decision to allow registration of a "disparaging" phrase.
ISBN: 9781413326659Publication Date: 2019- Trademark (e-book) by
Protect your business name and logo! Your business name, the names of your key products, and your logos, packaging, and slogans--all of these can function as trademarks that distinguish your business and its services and products. So it's important to choose your marks carefully and protect them vigilantly. Here, you'll find the most up-to-date information on how to select and protect a great trademark. Learn how to: choose trademarks that distinguish you from competitors search for marks that might conflict with your own register your mark with the U.S. Patent and Trademark Office protect your marks from unauthorized use by others resolve trademark disputes outside the courtroom, and create an Internet presence and secure a domain name. Includes step-by-step instructions on how to register and maintain your trademark with the federal government. Thoroughly updated, the 12th edition includes the latest laws and court cases, including the U.S. Supreme Court's decision to allow registration of a "disparaging" phrase.
ISBN: 9781413326659Publication Date: 2019
Patent, Copyright and Trademark (e-book) by
A plain-English guide to intellectual property law Whether you are in the world of business or creative arts, understanding the laws that govern your work is critical to success. But given the convoluted terminology that surrounds patents, copyrights, trademarks, and other intellectual property rights, this isn't easy. Enter Patent, Copyright & Trademark, which explains: what legal rights apply to your creations, products, or inventions different types of patents for inventions from machines to plant clones the scope of copyright protection how trademark law works, and what trade-secret law protects. Here, you'll find readily understandable definitions of intellectual property law terms, straightforward explanations of how intellectual property law affects online content, and much more. The 16th edition is completely updated to provide the latest laws, court decisions, and sample application and other forms.
ISBN: 9781413327762Publication Date: 2020
Introduction to Intellectual Property by
ntroduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields.
ISBN: 9781951693343Publication Date: 2021-02-24
What is a Trademark?
According to United States Code, a trademark is "...any word, name, symbol or device used in trade to indicate the source or origin of goods or services, and to distinguish them from the goods and services of others." Examples of current or past trademarks include-
Words
- Acme
- Kleenex
- Xerox
Symbols/Logos
Slogans
- “Good to the Last Drop”
- “Reach Out and Touch Someone”
Names
- Sara Lee
- McDonald’s
- Martha Stewart
Devices
- Tiffany blue
- UPS brown
- John Deere green
- NBC chimes
- Hasbro Play-Doh scent
Unlike patents, U.S. registered trademarks are not limited in duration. They are valid as long as the trademark continues to be used in commerce and maintenance fees are paid regularly. Similar to patents, trademarks are also administered by the United States Patent and Trademark Office (USPTO). Information about United States trademarks is found on trademarks section of the USPTO website.
It's important to remember that not all applications are accepted by the USPTO as trademarks especially if they are merely descriptive of the product or if there is a likelihood of confusion by the general public with another existing unrelated trademark. Also, even if a trademark used in commerce is not registered with the USPTO it is considered common law usage which provides legal protection in the local geographic location where it is used.
Please see the USPTO's Trademark Basics Registration Toolkit to understand the trademark registration process.
The New York Public Library Thomas Yoseloff Business Center is a Patent and Trademark Resource Center (PTRC) with the USPTO.
