IP Fundamentals Whitepapers
Why Register a Software Copyright?
One of the best ways to protect computer software is for authors (or owners) to protect their work by registering it the U.S. Copyright Office (the “Copyright Office” is a branch of the Library of Congress and provides a relatively, cheap, efficient method to register copyrights of all kinds, including computer software programs.
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What are “Pseudo Marks”?
When a trademark owner submits an application to register a trademark with the USPTO, the owner is required to describe the mark. If it is a word mark, the description usually simply restates the word or words that comprise the mark. When it is a logo or a design, it can be a bit more complicated.
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Trademark Infringement
Trademarks are protected by both state statutory law and judicial decisions, often called the common law, and the Federal Lanham Act which controls the registration and enforcement of trademarks at the Federal level.
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Web Sites & Intellectual Property
Web sites are ubiquitous. We use them to download music and movies, to check up on the news, to follow sports teams, to connect with old friends, and, of course, to find and buy goods and services. Unfortunately, when it comes to intellectual property, Web sites attract legal issues like the kitchen sponge attracts bacteria.
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Why Consider the Supplemental Register?
One of the more confusing aspects of a trademark registration in the United States is the opportunity to register on not one but two different registers – the Principle Register and the Supplemental Register.
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Trademark or Copyright?
Few things in the law of intellectual property (“IP”) are as confusing as trademarks and copyrights, but there are significant differences and a basic understanding of them can be critical to protecting your IP rights.
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Why Register Trademarks with the USPTO?
The United States Patent and Trademark Office (“USPTO” or “PTO”) oversees the registration of trademarks at the federal level and a federally registered trademark can be a very valuable intellectual property asset.
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Pros and Cons of a Madrid Protocol IR
Under the Madrid Protocol, US trademark owners may now file a single online application for an International Registration (IR) with the United States Patent and Trademark Office (USPTO) and obtain protection in all the member countries. However, there are both pros and cons to an IR.
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Essential Terms of a Trademark License
A trademark license is an agreement between a trademark owner (the “licensor”) and someone else (the “licensee”) wherein the licensor grants permission to the licensee to use a trademark in commerce. Owners of trademarks should use trademark license agreements in order to control who may use their trademarks and how those marks are used. Trademark owners who do not enforce their trademark rights run the risk of others being able to argue that the owner abandoned the mark.
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