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FRAN211MIDTERMREV
FRAN211MIDTERMREV
BRIEF DEFINITIONS ON TYPES OF INTELLECTUAL PROPERTY: PROPER USE OF TRADEMARKS AND SERVICE MARKS:
TRADEMARK – is a word, name, phrase, symbol or in some 1. DISTINGUISH THE MARK FROM ITS SURROUNDINGS –
cases a design that is used by a manufacturer or merchant to trademarks are special terms, not ordinary words.
identify and distinguish its goods from those sold by others and Correct: “You can’t go wrong with Tide powder.”
to indicate the source of the product. Incorrect: “Tide powder last a long, long time.”
SERVICE MARK – is the same as a trademark but identifies an 2. USE ONLY AS AN ADJECTIVE – never as a noun, verb or adverb.
intangible service of a product. Correct: “Please pass those delicious Goldilocks cake.”
COPYRIGHT – is a property right provided by the government in Incorrect: “My hair was Ajaxed until it took on this wonderful
an original work of authorship that is fixed in a tangible form. time.”
TRADE SECRET – is confidential business information that is 3. USE NOTICE SYMBOL – your trademarks should carry the
treated in a confidential or secret manner and that would have appropriate notice.
independent economic value if it were in the hands of a TM – Can be placed on any trademark as soon as it is used as a
competitor. mark. You need no registration of the mark to display.
PATENT – is a protectable property right granted by the ® - Indicates that the mark has been registered with the
government that protects an invention, new device, or Intellectual property office of the government.
innovation.
COPYRIGHTS
TRADEMARKS
Copyright laws protect the rights of the authors and creators of
It is used by a manufacturer or merchant to identify and
writings, artworks, crafts, materials, brochures, sculptures,
distinguish its goods from those sold by others and to indicate
plays.
the source of a product.
Computer software, motion pictures, sound recordings and
Example: works of architecture.
XEROX is a registered trademark of the Xerox It is provided by the government in an original work
Corporation, and is used by that company to identify of authorship that is fixed in a tangible form.
its famous copier machines and other products and An author cannot protect ideas, but can claim
services. copyright in the original expression of an idea.
The mark PIZZA HUT is used by its owner, PepsiCo, to WHEN SHOULD AN AUTHOR REGISTER A COPYRIGHT?
identify the restaurant services of its pizzas. Registration of a copyright is done with the copyright office
A TRADEMARK or SERVICE is not always limited to a word or under the intellectual property rights office of the government
name or phrase. by submitting the work in an application form.
The distinctive logo such as the famous golden aches of the HOW LONG DOES THE REMAIN IN EFFECT?
McDonalds Corporation. The copyright remains in effect for the life of the author, plus
5oyears following the death of the author. The copyright will be
SELECTION OF A TRADEMARK: effective for seventy-five years from the date of publication.
FANCIFUL OR COINED TRADEMARKS – the courts will provide
these marks the greatest protection. TRADE SECRETS
Example. Kodak, Olympus for Cameras, Petron, Caltex, Shell, If a business has particularly sensitive and important
Sea oil, Unioil for petroleum products information that it does not want to fall into the hands of the
ARBITRARY MARKS – Aslo considered as strong marks and are competitors, the law on trade secrets will provide protection.
dictionary words that have been used arbitrarily to identify the A trade secret is generally defined as information, including
products and services. formula, pattern, compilation, device, method, process.
DAWANG | MM2-1