Introduction to Intellectual Property and Trademarks

Vocabulary flashcards defining fundamental legal concepts of property, licensing, trademarks, distinctiveness categories, and patents based on the lecture.

Property

The idea of ownership over something within the law.

Intellectual Property

Property resulting from the intellectual and creative process.

License

When an owner gives permission for another person or business to use their property.

Infringement

The use of property without permission.

Trademark

A combination of words and symbols (including phrases, shapes, sounds, and colors) whose purpose is to identify and distinguish between businesses and products.

Trademark Infringement

The unauthorized use of a mark that is exact or too similar, functioning to deceive or confuse a customer.

TM Symbol

A symbol indicating that a trademark is claimed under common law through being the first person to continuously use it.

® Symbol

A symbol indicating that a trademark has been registered under statute by filing paperwork with the government.

Fanciful

A category of trademark that is completely made up and 100% the creation of someone (e.g., Häagen-Dazs).

Arbitrary

A category of trademark that uses existing words that are completely unrelated to the product (e.g., Apple for electronics).

Suggestive

A category of trademark that indirectly describes the product's function or purpose (e.g., Blizzard or Dairy Queen).

Trade Dress

The overall image and appearance of a business or product (e.g., McDonald's golden arches).

Generic Words

Words in common, everyday vocabulary (such as "book," "shoe," or "banana") that cannot receive a blanket trademark.

Descriptors

Words or phrases that describe a product's qualities (such as "low fat" or "new and improved") which cannot be trademarked.

Patent

A government grant permitting the exclusive use of a product or idea for a specific time period.

Utility Patent

A general type of patent issued when someone invents something new or significantly improves an existing invention.