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TRADEMARK
"A trademark is either
a word, phrase, symbol or design, or combination of words, phrases,
symbols or designs, which identifies and distinguishes the source of the
goods or services of one party from those of others. A service mark is
the same as a trademark except that it identifies and distinguishes the
source of a service rather than a product."
"Federal registration
is not required to establish rights in a mark, nor it it required to
begin use of a mark. However, federal registration can secure benefits
beyond the rights acquired by merely using a mark. For example, the
owner of a federal registration is presumed to be the owner of the mark
for the goods and services specified in the registration, and to be
entitled to use the mark nationwide."
"A trademark is
different from a copyright or a patent. A copyright protects an original
artistic or literary work; a patent protects an invention."
Source:
Basic Facts about Trademarks
published by the Patent and Trademark Office.
The trademark process (simplified
outline)
- Prepare and file application with the Patent and Trademark Office
in Washington D.C.
- Application checked for compliance with government requirements.
If requirements are not met the application must be refiled.
- Approved application is assigned serial number and checked by an
examining attorney for suitability.
- Accepted applications are published in the Official Gazette
of the Patent and Trademark Office.
- If there is no consumer opposition a trademark may be issued in
about 3 months.
- Objections to the trademark application may be raised by the
examining attorney when the serial number is checked. The attorney's
decision may be appealed. Objections may be raised by "the consumer"
when the application is published in the Gazette. Objections
may be appealed.
PATENTS
"A patent for an
invention is a grant of a property right by the Government to the
inventor (or his or her heirs), acting through the Patent and Trademark
Office." "The right conferred
by the patent grant is, in the language of the statute and of the grant
itself, the right to exclude others from making, using, offering for
sale, or selling the invention in the United States or importing
the invention into the United States." "The right conferred by the
patent grant extends only throughout the United States and its
territories and possessions." --from
General Information
Concerning
Patents published by the Patent and Trademark Office.
The patent process
(simplified outline):
- Application is filed after
appropriate papers are filed (disclosure statement, record of
invention) and patent search is completed.
- Examiner checks application and
usually sends an "action" or notice of objection. The action
for it
may be answered by amending the patent application. The
action/amendment process may happen several times before approval is
given.
- Application approved and
announcement published in Gazette.
- Letter of patent issued.
- Applications may be rejected at the
final examination. If so, the rejection may be appealed to the
Patent and Trademark Office Board. The Board's decision is final.
Searching for patents:
A patent
search may be conducted by an interested individual,
by an attorney, or by a professional patent
searcher. Because patent searches may be complex and
require a lot of time money paid to attorneys and
professional searchers is often a good investment. However, the government makes
patent information available and, for the most part,
access is free. The Patent and Trademark Office has
a Patent Public Search Room located at Crystal Plaza
3, 1A01, 2021 Jefferson Davis Hwy., Arlington, VA.
The PTO also runs a Patent and Trademark Depository
Library (PTDL) system. Member libraries have
collections similar to the Public Search Room but of
varying size and scope. California PTDL libraries
are listed below.
- If the patent number is known, use the Official Gazette
to read a summary of the patent.
- If the patentee or assignee is known, use the
Patent/Assignee Index to locate the patent number.
- If the subject is known, start with Index to U.S. Patent
Classification to locate class and subclass numbers for
patents pertaining to the subject. Then use the class and
subclass numbers to check U.S. Patent Classification Subclass
and Numeric Listing
to obtain the numbers for patent groupings related to the class
and subclass numbers. Check the patent numbers in all of the
patent groupings in the Official Gazette to locate the
patent summaries.
- When relevant patents are located by number, by patentee or
assignee, or by subject, the complete patent may be examined.
On the Web
Fondren Library Patent and Trademark Collection
Fondren Library is a Patent and Trademark depository library. Includes a
Patent Searching Tutorial and Trademark Searching Tutorial (through the
University of Texas at Austin); U.S. Patent Searching on the Internet;
Trademark Resources on the Internet; and Patent Resources on the Internet.
Good help for beginners.
International Trademark Association
Click on "Information Center" to find an FAQ, basic fact sheets about
trademarks, a glossary, and information by topic and type. The ITA is a
nonprofit organization of more than 4,300 trademark owners and
professionals dedicated to the support and advancement of trademark and
intellectual property issues.
NameProtect Free Trademark Search
NameProtect is a trademark search firm that offers a full suite of
services. However, the firm also provides a free trademark search
that they claim is one of the most comprehensive "free" search services
available. Users may search Federal trademarks, Canadian
trademarks, Domain names, or European trademarks.
Oklahoma State
University Patent & Trademark Library Click
on "Links to other websites" (on the sidebar menu)
to view links to websites in the following areas:
Patents & Intellectual Property; Copyright;
Inventors; Trademarks. Answers basic questions and
provides useful links to copyright, trademarks, and
patent sites.
TESS, U.S. Trademark Electronic Search System To
enter the database, click "Search Trademarks." TESS allows the general
public to search and retrieve trademark application and registration
information using the same text and image database provided to examining
attorneys at the U.S. Patent and Trademark Office.
University of
Washington Patent & Trademark Information
Topics include: Patent and Trademark Depository
Libraries; Frequently Asked Questions (and
Answers!); Selected Patent Information Available via
the Internet. Also provides guides for doing patent
or trademark research at the Engineering Library at
the University of Washington.
U.S.
Patent & Trademark Office Everything
you need to know about patents. For a quick patent search, go to
the
Patent Grants and Patents
Applications page.
Patent
Information & Law Sites
FindLaw Offers a variety
of informational sites on
patent
and
trademark
law: databases, government agencies, journals and newsletters,
laws and government, discussion groups, Web sites, etc.
Patent Law Patent
law materials from the Patent Information Users Group, Inc. Links to
laws on patents in the U.S. as well as Australia, Hong Kong, and
Hungary.
Patent Search
Sites
Delphion (Formerly the IBM
Patent Server) Perform a quick search of U.S. and European granted
patents and patent applications. Delphion will provide free access
to simple searches of U.S. data; casual users may register for a basic
package of services including quick search, PDF downloads on a
pay-per-use basis, and IP listing search and inquiry. Users who
need more complex services may subscribe other packages for a monthly
fee. Basic registration is free.
Index to Manual of Classification of
Patents "The Manual
of Classification has over 400 classes. The Index to the Classification
helps you determine the class of your idea by searching keywords. Once
you have the class or class/subclass that seems relevant, you can then
switch over to the Manual of Classification to see the structure of the
entire class to more accurately determine what class/subclass entry is
most appropriate for you. At that point, you can then retrieve all of
the patent titles in that class/subclass."
Intellectual Property Digital Library
The Intellectual Property Digital Library Web site provides access to
various intellectual property data collections currently hosted by the
World Intellectual Property Organization. These collections include
Madrid,
PCT and
JOPAL
(non-patent reference) data and support fully searchable information
retrieval and display by users on demand. Access to the Digital Library
is available to the general public free-of-charge. The services are
operational and are updated on a daily, weekly and monthly basis
respectively. There are currently two levels of access available: Guest
and Account.
STO Internet Patent Search System Perform
patent searches and access information on the patenting process.
Determine patent class using Manual of Classification; determine patent
class using Index to Classification; retrieve patent titles using
class/subclass code; retrieve patent abstracts using patent number;
patent documents from the US PTO, UK PO, PCT, etc.; US Code Section 35
on federal patent laws; IPNS Internet Patent News Service; shopping mall
for patent services.
In the Library:
Selected books on patents and trademarks. To view the availability
status or to place a hold on a book, click on the title.
Go to the
Library catalog
On the Library network:
- Associations Unlimited
Locate organizations that assist those seeking patents and
trademarks. A keyword search on inventors retrieved more than 100
groups while a search on patents retrieved over 50 organizations,
including professional and trade organizations that assist members in
obtaining, buying, or selling patents.
Go to the Library's databases
CALIFORNIA PATENT AND TRADEMARK
DEPOSITORY LIBRARIES
The Patent and Trademark Depository
Library Program (PTDLP) administers a
nationwide network
of public, state and academic libraries designated as Patent and
Trademark Depository Libraries (PTDL).
The following California PTDLs have APS
(Automated Patent System) On-Line Search Capability, which is a powerful
online patent text and image database used by patent examiners and
public searchers at the USPTO. The systems are known as APS-Text (patent
text searching only) and APS-CSIR (text and image retrieval).
Other California PTDLs:
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