Intellectual Property FAQ’s

What is a “trade mark” or “service mark”?
What are the advantages of obtaining a federal registration for a trademark”?
What does “trademark clearance” mean?
What is a “copyright”?
What exclusive rights are granted by copyright?
What is a “trade secret”?
How do I obtain a trade secret?
What is a franchise?

Q: What is a “trade mark” or “service mark”?

A: A trademark is a word, name or symbol to identify a particular product. It identifies the product as coming from a particular source, and identifies and distinguishes that product from products sold by others. A service mark serves the same function as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Back to Top

Q: What are the advantages of obtaining a federal registration for a trademark”?

A: A federal registration is the best means of protection for a trademark or service mark. The registration provides valuable statutory presumptions, including:

• The registration is prima facie evidence that the mark is valid, the registrant own the mark and has the exclusive right to use the mark.
• The registration is prima facie evidence that the mark has been used continuously in commerce since the filing date of the application.
• The registration is constructive notice that the registrant of the mark has the right to use the mark throughout the entire United States, even if the mark is not being used in a specific geographical area.
• The registration gives the registrant the ability to sue for trademark infringement in federal court when diversity jurisdiction does not exist. Back to Top

Q: What does “trademark clearance” mean?

A: Trademark Clearance refers to the process of searching for pre-existing uses that are the same or similar to the proposed mark, and assessing whether the proposed mark is available for use and free from substantial risk of infringing a pre-existing mark, prior to adopting a new mark. Back to Top

Q: What is a “copyright”?

A: A copyright is a set of exclusive rights granted for a limited time to protect the particular form or manner in which information is expressed. Copyright may subsist in a wide range of different subject matter including: books, photographs, movies, music (both sound and lyrics), sculptures, paintings, and software. Back to Top

Q: What exclusive rights are granted by copyright?

A: The Copyright Act grants five rights to copyright owners:

• The right to reproduce the copyrighted work;
• The right to prepare derivative works based upon the original work;
• The right to distribute copies of the work to the public;
• The right to perform the copyrighted work in public; and
• The right to display the copyrighted work in public. Back to Top

Q: What is a “trade secret”?

A: Generally, a trade secret is a secret formula, method, know-how, practice, process or almost any information, technical or otherwise, that is not a matter of common knowledge which is used by a business to obtain an advantage over competitors. Back to Top

Q: How do I obtain a trade secret?

A: Other fields of intellectual property law require disclosure of the application process, but a trade secret can be valid and protectable only if the information is actively maintained as a secret. Many companies utilize non-disclosure agreements and covenants not-to-compete to accomplish this goal. Additionally, access to the information is safeguarded and limited to key employees on a “need to know” basis. Trade secrets remain valid only as long as no one else has discovered the information independently and the information has not entered the public. Back to Top

Q: What is a franchise?
 
A: A franchise is granted when a company obtains a license from another established business. This license allows the company to conduct business in association with the established business, using its business methods, trademarks and other operating resources. Back to Top