Today, many people tend to be confused on what copyright, patent and trademark is all about. Many people tend to neglect the importance of these things. First of all, when you start your own business, you should have a trademark for your business. A trademark is a kind of symbol or logo that you put in your products to distinguish it from other products made by other companies. For example, if you are in the apparel business, you should have a unique trademark for your clothes, shoes and pants. By having your own trademark, you can be sure that your clients will know what they are buying.
If you made a new building design, or if you composed a song or poet, you have to copyright it in order to prevent it from being used without your permission. By copyrighting your songs, your architectural designs, or your documents, you can be sure that it will make it illegal to be used by other people without your permission. It is important that you should copyright your documents in order to prevent others from profiting from it. For example, if you composed a new song and were a hit with the public and you didn’t copyright it, you will see that someone else will claim that they wrote the song and will prevent you from using the song without their permission.
The same thing goes in patenting an invention. By patenting a particular invention, you can make sure that you will have absolute right for it and claim it as yours where no one will be authorized to copy it. Patenting, copyrighting and trademarks are all in the intellectual property law. You have to consider that this law is made to provide protection on intellectual property and is a special branch of the law that requires a special kind of lawyer.
Trademark registration, patenting, and copyrighting are all handled by the United States Patent and Trademark Office or PTO. The PTO is responsible for patenting all kinds of inventions and they are also responsible for registering trademarks and copyrighting. If you recently invented a new kind of gadget which is original and fully functional on its purpose, you can apply for a patent. By patenting your invention, you can be sure that no one else will be able to claim the invention as theirs. However, you have to consider that patenting an invention will take a lot of time and will cost a lot of money. This is why you should be financially prepared for it. You should also consider the fact that you will need a patent and trademark lawyer for it to represent you during the entire process of patenting your invention.
You have to consider that the patenting process is a complex process which deals with the intellectual property law. You will also need a lot of requirements for it, such as a prototype of your invention that you need to demonstrate with the PTO. The PTO will determine whether it can be approved or rejected of patenting.
In the trademark registration process, you have to present your trademark symbol to the PTO. Although the process for trademark registration is shorter than patenting an invention, you have to consider that it will also take some time. You will need to present a minimum requirement, such as a trademark design and your business registration. Once you have the minimum requirements needed to file for trademark registration, the next step is by letting a PTO lawyer examine the trademark and determine whether it bears a resemblance with other kinds of trademarks that is already registered.
There are specific grounds for approval and refusal of trademark where the PTO lawyer will base their decisions. If your trademark symbol contains a lot of similarities with other trademark symbol that is already registered, it will usually be refused.
These are the basics in patent, copyright and trademarks. As you can see, it is very important to get your inventions, your architectural designs and trademark logo registered with the PTO to protect it from being used without your permission or get it stolen and be claimed by other people.
So, the next time you successfully invented something or you have a new business trademark symbol, or if you wrote a new song or designed a new building, get it patented, copyrighted or registered in the PTO immediately.
Patents and Trademarks
The USPTO was established by Congress. On the government's behalf, this office issues patents. In 1802, the Superintendent of Patents was in charge in issuing patents. And in 1836, the Patent Office reorganized because of come revisions in patent laws and the person in charge was now called Commissioner of Patents. This office remained under the Department of State, and in 1849 it was shifted to the Department of Interior. Today, the office is under the Department of Commerce. Way back in 1975, the name was changed to Patent and Trademark Office. Last year 2000, it was then changed to USPTO.
USPTO administers all patent laws. The office grants patents for new inventions, and performs duties that are related to patents. All patent applications are examined to determine if an applicant is entitled to a patent. After this, the office may grant or reject an application according to patent laws. It also reviews all trademark applications needed for a federal registration. It is the office that determines whether all the federal requirements are met by the applicant.
The USPTO serves the inventor's interests and businesses with due respect to inventions, service identifications, and other corporate products. The office also assists and advice the US President, Secretary of Commerce, and other government agencies on matters pertaining to intellectual property, both in the domestic and international aspects. The USPTO promotes technological and industrial progress of the entire nation and helps in strengthening the economy through the classification, preservation, and dissemination of all patent information.
Here the duties of the office pertaining to patents: examines applications, grants invention patents, publishes patent information, disseminates information, records patent assignments, maintains files of foreign and US patents, and maintains a website for the public. The office also provides training for practitioners. The office seeks preservation of the federal state's technical edge by protecting and encouraging intellectual endeavors, as well as technological progress. With regards to their trademark functions, it's a lot similar to the patent functions of the office.
Many people are not even aware of what a patent or a trademark is; a patent is a grant to the inventor of their property rights over their invention, and this is issued by the USPTO. The term usually starts after 20 years from the date of application. Maintenance fees must also be paid, and the grant is only effective within the US, its territories, and possessions. There are also circumstances when patent term adjustments and extensions maybe available. Patents come in three types: utility patents, plant patents, and design patents.
A trademark, on the other hand, is a name, word, device, or symbol used in trading of goods. This indicates where the goods are sourced and distinguish such goods from others. Trademark rights are used to stop others, especially competitors, to use a similar and confusing mark. You can register with the USPTO if you're going to use a trademark for foreign commerce or the interstate.
Patent and trademarks are very different from each other. It is important that before making any application with the USPTO, you must know the difference between these two words. By doing a free search online, you can learn many things about what USPTO is, and their duties and responsibilities when it comes to patents and trademarks.
USPTO employees are there to aid you in the application of your patent or trademark. However, they can't perform other tasks including giving comments on a registered mark's validity, conduct public searches on patent and trademarks, answer eligibility questions pertaining to marks, and offer legal opinion or advice about trademark laws, patent laws, infringement claims, and state registrations.
The USPTO is a large office consisting of the commissioner, technology centers composed of group directors, examiners, and support staff. All the employees are committed to carry out their work, duties, and responsibilities. Patents and trademarks are important. Many industries depend on these things and for government support. Because of this office, many inventors are still trying to make new inventions with the use of newer technology for the betterment of the people. If the office can maintain its integrity for the years to some, more and more patents and trademarks will surface in the market. It can also contribute to the US's progressive economy.
Patents and Trademarks
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