Fair Use of Trademarks

A party is entitled to use a trademark in such as way as to describe the qualities that a mark

Choosing a Trademark

The spectrum of trademark distinctiveness goes from fanciful marks, which are very protectable, to generic trademarks, which are not protectable.

If an application contains claims to more than one independent and distinct invention, the United States Patent and Trademark Office

Article I, § 8 of the United States Constitution authorizes Congress to “promote the progress of science and useful arts,

A patent is issued for a fixed term–14 years for design patents; 20 years for other types–during which the patent

The United States Copyright law represents a bargain between creators and the public. Congress granted certain exclusive rights to creators

When filing a patent, a patent application must include one or more claims which particularly point out and distinctly claim

Contrary to popular myth, a registered trade name is NOT a registered trademark. This is often an area of confusion

No Copyright Protection for Slogans The United States Copyright office regulations do not allow for copyright registration of “short phrases”

Continuing with this month’s theory of improper use, under trademark law, one can improperly use a trademark or service mark