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Intellectual Property

Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions.

6,348 Questions
Intellectual Property
Copyright Law

What is the difference between the trademark 'TM' servicemark 'SM' Registered 'R' in the circle and Copyright 'C' in the circle?

TM vs. SM vs. ® vs. ©Copyright © laws protect ownership of things like music, writing, artwork, photographs, and other "original works of authorship." Copyright protection is automatic and may last for over 100 years. However, not everything can be copyrighted, and some copyrights expired prior to 1976 laws. The "circle-c" mark has been "optional" since the 1970s, but is properly used with a date and identification of the author/owner. Under the Digital Millennium Copyright Act, it is a federal crime to remove or alter a copyright notice when you're making copies, regardless of whether the copies are lawful or not.

Trademark laws 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." Unregistered trademarks are a bit harder to enforce than registered, but last as long as they are being used. Trademarks may be registered in states or countries or both.

The (TM) symbols for TM and SM are completely optional and require no registration. However, there are advantages to having a state or federal trademark registration, including the fact that it will tell others when you first used your brand, which can be important in priority disputes. Valuable marks justify getting professional advice.

To learn more - and there is a LOT of info - check out the United States Patent and Trademark Office Home Page (their glossary is a good place to start) and the U.S. Copyright Office in the Library of Congress.

Here is more input:

  • Depending on your local state laws, trademark registrations have different lifespans and can either be renewed or not. If a trademark is registered it is only registered for a certain period of time and then the owner decides to renew it or not. As long as you continue using a trademark, and were the first to use it, you can enforce it in state or federal courts, whether or not it is now or has ever been registered in a state or federal proceeding.
Most state copyright laws were preempted by federal laws passed in the 1970s, but may still be important on certain types of works, such as "sound recordings" made prior to the changes. There is also a "circle-P" mark on some older phono records, meaning they are covered by an international phonograph duplication treaty.
  • The © copyright notice and ® registration mark have nothing to do with state registrations.
  • Any time you claim rights in a trademark, you may use the "TM" (trademark on goods) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the state or USPTO. However, you may use the federal registration symbol "®" only after the federal USPTO actually issues a registration, and not while an application is pending or after registration expires. Also, you may use the registration symbol with the registered mark only on or in connection with the goods and/or services listed in the federal trademark registration. Any major change to the mark or the goods/services will require another registration. Federal registrations require periodic maintenance fees (i.e., every 10 years).
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Intellectual Property
Small Business and Entrepreneurship
Authors, Poets, and Playwrights

Does an author have to register as a business?

For purposes of protecting intellectual property, no it is not necessary to be registered as a business.

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Intellectual Property
Credit and Debit Cards
Business Accounting and Bookkeeping
Accounts Payable
Patents and Patent Law

Is Patents a credit or debit?

Debit, assuming you're BUYING a patent. Credit, if you have RECEIVED one from another company, or if you have received royalties or other income from one.

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Intellectual Property
Educational Methods and Theories

What are some examples of intellectual needs?

Intellectual Needs are a desire to learn something.

Examples of Intellectual Needs include:

  1. someone getting an education for when they are older so they can have a well paid job
  2. someone needing a way to keep their mind occupied by doing things like reading
  3. a pregnant woman needing to learn how to prepare for a new baby
  4. a student who asks a question
  5. a baby learning to communicate by listening, then responding to voices and sounds around them
  6. a person who has difficulty with verbal communication learning sign language
  7. a person who is blind needing to be able to read school texts having the need fulfilled by learning Braille or using verbal communication methods such as recorded materials
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Intellectual Property
Law School
Copyright Law

How does copyright law affect school projects?

in the UK it doesn't count

Under US copyright law there is an exemption for "performance or display" of many types of copyrighted works in a non-profit classroom, whether by students or teachers, in addition to the "fair use" defense for other academic purposes. 17 USC §§ 110, 107.

In theory, a public school in the USA cannot be sued for damages in federal court, under the Eleventh Amendment of the US Constitution, as it is an "agency of the state".

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Intellectual Property
Copyright Law

How should you abide by the copyright law?

Respecting copyright law means not copying, altering, distributing, or performing/displaying anything that is not your wholly original work without permission of the copyright holder. The digital age presents many opportunities to violate copyright law, more than the law can keep abreast of, so it's important to understand the intent of the law so you can make a good judgment when the "letter of the law" is unclear.

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Intellectual Property
Patents and Patent Law

Do you patent your greeting card designs?

No, patents only pertain to inventions. "Copyright", on the other hand, protects creative works of original expression, including greeting card designs. Copyright in over 160 countries is free, instantaneous and automatic.

If there are inventions included in the greeting card, such as a music player or a recording device, then that portion might be protected by a patent in addition to the copyright of the artistic and literary portions of the card.

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Intellectual Property
Patents and Patent Law

How many patents are held by Research Lab?

132

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Intellectual Property
Ford
Patents and Patent Law

Does Ford own Cummins patents?

Ford does not own Cummins or Cummins "patents". If they were Cummins patents they would belong to Cummins. Cummins may well license patents from Ford, cross-licensing is common in industry, and there would be nothing unusual in that. Ford did own some Cummins stock in the past, but Cummins is an independent company with plants all over the world. This is a rumor that has circulated for years, partly because of an old internet hoax. Ford does use a Cummins in one of their heavy duty trucks, I believe, but their main source of heavy duty diesels is International.

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Intellectual Property
Definitions
Karl Marx

What is the meaning of Locality?

A surrounding or nearby region

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Intellectual Property
Graduate Degrees
Lawyers
Patents and Patent Law

How many years is patent law school?

There is no specific Patent Law School. However in America once youdo 4 years of Undergrad (Bachelors) and get admitted to a law school of your choice in JD Juris Doctorate Program you will spend four years studying law.

In your third year you will be able to select elective courses and you can chose to specialize in by studying IP intellectual property law. Than do some externship to gain exlerience.

Patent Law study itself is one semester unless you go into advance study to add more courses.

If you are studying Bachelors of Laws than you can elect to study Patent Law in your third year or as part of your LLM degree.

Islamic Law School, an online law school offers a comprehensive Patent Law Program for individuals looking to fast track into the IP Law Specialization.

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Intellectual Property
United Kingdom
Patents and Patent Law

Is a US patent valid in the UK?

No.

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Intellectual Property
Sony Playstation 3
Copyright Law

Is DualShock a trademark or copyright owned by Sony?

It is a trademark registered by Sony Japan in 1997.

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Intellectual Property
Definitions

How would you describe a trademark?

Trademarks are used to distinguish one business firm's products from another. Their symbols may be a word or words, name, design, picture, or sound. Trademark rights have an indefinite life, as long as they are being used.

Trademarks may optionally be registered in one or more states or with the federal government, provided they are suitable and distinctive within their field.

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Intellectual Property
Business Accounting and Bookkeeping
Financial Statements

Is trademark an intangible asset?

Generally speaking it could be considered so.

There are cases, however, where it could have significant impact if the trademark is a very famous one and could be sold or traded as a separate asset.

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Intellectual Property
Ford
Henry Ford
Patents and Patent Law

How many patents did Henry Ford have?

161

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Intellectual Property
Radio

Is it legal to record songs from the radio?

I always understood that recording songs off the radio was legal as long as you didn't sell the tapes. This would be the law of the USA, under the Supreme Court decision known as "The Sony" case, with respect to recording TV shows, deemed to be "legal" as a "fair use" for personal time-shifting.

In other countries it may not be legal: you would be duplicating the work without a license, which is one of the exclusive rights of the copyright holder. This is true regardless of whether you derive income from the duplication.

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Intellectual Property
Blogging

Can you use a brand name in your blog title?

Yes. If the brand name is a registered trade mark, the keys to avoid a copyright infringement lawsuit include: 1. The use of the brand name in the blog is not likely to cause confusion about whether the blog is endorsed or supported by the owner of the brand name. 2. The brand name is not being used in commerce or for any commercial use. 3. The use of the brand name neither blurs nor tarnishes the brand name, nor is dilutive of the brand name. 4. The blog has no bad faith intent to profit from the use of the brand name. 5. The bloggers believe and have reasonable grounds to believe that the use of the brand name is fair and otherwise lawful. In addition, bloggers have a First Amendment right to maintain their blogs. There is a good case which I have provided a link to. It deals with the use of a brand name on a website critical of that brand name. If the blog has any questions about fair use of a brand name, it should contact an intellectual property lawyer, the ACLU, the Public Citizen Litigation Group, Citizen Media Law Project, or some other free speech rights group.

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Intellectual Property
Copyright Law

What does copyright laws mean?

Copyright law protects original works of authorship including literary, dramatic, musical, and artistic works. It can include works such as poetry, novels, movies, songs, computer software, and architecture.

It allows an author to control how a work is duplicated, distributed, displayed, performed and who is allowed to create derivatives.

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Intellectual Property
Copyright Law

Which country has the strictest copyright laws?

Most countries' laws are very similar, based on the Berne Convention. The US and several others have extended protection from life + 50 years to life + 70 years for works of a single creator, and some countries have optional formal registration in addition to the automatic protection demanded by Berne.

That being said, not all countries are equally conscientious about enforcing their IP laws.

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Intellectual Property

What is intellectual?

Intellectual:

1. appealing to or engaging the intellect: intellectual pursuits.

2. of or pertaining to the intellect or its use: intellectual powers.

3.possessing or showing intellect or mental capacity, especially to a high degree: an intellectual person.

4.guided or developed by or relying on the intellect rather than upon emotions or feelings; rational.

5. characterized by or suggesting a predominance of intellect: an intellectual way of speaking.

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Intellectual Property
Copyright Law

How could the copyright law be broken?

Copying, altering, or distributing a protected work without permission of the copyright holder would be an infringement of copyright.

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Intellectual Property
Copyright Law

Can fanciful words be trademarked?

Define what you mean by "fanciful" words.

Some corporate names and trademarks which contain words or combinations of words can be, and are, trademarked, even though some are strictly made-up 'nonsense' words that are used to 'brand' various products, etc.

However, the word or words you use, must be assopciated with something. You can't just make up a word or a phrase, and then copyright or trademark that word or words. The words must be associated with something that has a 'value.'

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History, Politics & Society
Intellectual Property
Copyright Law

Is there an expiration date of intellectual rights?

Yes, but it varies between countries, types of IP (copyright, trademark, patent), and sometimes even within those types. In the US, the expiration is required by the Constitution, which specifies the exclusive rights are to be "for limited times." Most copyrights are protected for the life of the author plus 50 years, although some countries (including the US) have extended this to 70 years. Patents are typically good for twenty years, while trademarks can be protected in perpetuity as long as they are in use.

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Intellectual Property

How can you say breach of contract in french?

Rupture de contrat

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