Ch.11 Intellectual Property Outline Part 2.docx

What is a trademark?

A mark, word, picture, or design that attaches to goods to indicate their source.

What is the purpose of trademarks?

To protect consumers against confusion regarding the origin of goods and services.

What is a service mark?

A mark associated with a service.

What is a certification mark?

A mark used by someone other than the owner to certify the quality of goods or services.

What is a collective mark?

A mark that represents membership in a certain organization or association.

What is trade dress?

The look or design of a product or service, such as its color or shape.

How often must trademark holders notify the PTO that their trademark is still in use?

Every 6 years.

How often must trademark registrations be renewed?

Every 10 years.

What can lead the PTO to deny trademark registration?

If the mark is similar to another mark, contains prohibited names, merely describes a product, or is generic.

What rights do you have if your trademark registration is denied?

You can still use your mark as an unregistered trademark, but rights are limited to the state where you do business.

What is secondary meaning in relation to trademarks?

A public meaning that is different from its original descriptive meaning and makes the term distinctive.

What is trademark dilution?

Usage of a mark that is the same as or similar to a famous trademark, which dilutes its significance, reputation, or goodwill.

What are the two types of trademark dilution?

Blurring and tarnishment.

What must a plaintiff prove in a trademark infringement case?

That the defendant’s use has created a likelihood of confusion with the plaintiff’s trademark.

What is the Federal Trademark Dilution Act?

It prohibits the usage of a mark similar to a famous trademark to dilute its significance.

What is copyright?

A property right in creative expression that protects creators and grants them exclusive rights to copy and market their work.

What are the duration of copyright for individuals and companies?

For individuals, it lasts the author's lifetime plus 70 years; for companies, it lasts 95 years from publication or 120 years from creation, whichever expires first.

What is required to enforce a copyright?

The author must register with the Copyright Office and prove that the defendant violated their exclusive rights.

What is 'fair use' in copyright law?

Fair use allows limited use of copyrighted material without permission, such as for criticism, comment, news reporting, teaching, scholarship, or research.

What are the two parts of music copyright?

Composition (song lyrics) and master (recorded sound).

What does the Digital Millennium Copyright Act prevent?

The production or distribution of products designed to circumvent copyright protections.

What does the World Trade Organization (WTO) require regarding intellectual property?

Member countries must provide protection for all forms of intellectual property under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).