AN OVERVIEW OF TRADEMARKS, COPYRIGHT AND PATENTS BY Dr. Basavaraj K. Nanjawade, M.Pharm., Ph.D Asst. Prof. Department of Pharmaceutics, KLES College of Pharmacy, JN Medical College Campus, BELGAUM – 590 010 E-mail: email@example.com
A trademark is something that distinguishes your products from others within the market.
A Trademark cab be: A word or name A logo A slogan A design
In certain cases, this can be extended to… A colour scheme A smell A sound
Trademark or Trade name A trade name is slightly different to a trademark. A trade name refers to the name of the business or company, where a trademark refers to products/services. However a trade name can be used as a trade mark if it is used to help distinguish between products and service .
To prevent confusion among consumers as to the source of goods or services;
To permit the trade mark owner to control the products’ or services’ reputation.
To protect the good will that the trademark owner has built up in his products and services .
Qualifying as a Trademark Trade marks cannot be freely registered and will be investigated thoroughly before registration is approved.
To qualify for registration the trade mark must; . A trade mark is a symbol or sign which differentiates one type of business from another. . A sign can include a business logo, words/content or anything similar. . In order for a trade mark to be registered, it must be sufficient distinct for the service/ goods it is applied to cover. . Obviously, it must not be similar to existing trade marks, nor can it be deceptive or illegal in any way.
Registering a Trade mark You cannot simply apply for a trademark and assume it will be accepted – there is a rigorous examination process which takes place by the patent office before you will find out it your application has been successful. You can read about the complete application process www.uspto.org www.patent.gov.uk
What is the symbol This symbol stands for registered trade mark (RTM), and clearly can only be used once your are the owner of the mark. The symbol usually goes after the trade mark, in a smaller type size than the mark itself, and in a raised position, but this is not compulsory.
Can I Use The TM Symbol A company/trade can use the TM symbol, however this does not mean the trade mark has been registered.
Service Marks (SM) A service mark (SM) is exactly the same as a trade mark with the exception that it. The same rules and principles apply will consider trademarks to include service marks unless for any reason they need to be addressed separately.
What Does , TM & SM mean & when can I use them? . A party can display next to a trademark or service mark that has been legally registered. . This symbol will inform people that you have the right to take legal action if the trademark or service mark is violated.
What Does , TM & SM mean & when can I use them? . A Party can display TM next to a trademark that has not been registered. However, there must be a public claim to the trademark.
What Does , TM & SM mean & when can I use them?
False claims to a registered mark-using the with non-registered marks-is seen as an act of fraud and offenders will be prosecuted.
A party can display SM next to a service mark that has not been registered. However, there must be a public claim to the service mark.
"original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device
Must be fixed in a tangible medium: Cannot reside in the author's mind, but must be transferred from the author’s mind onto a fixed tangible medium, such as a writing, a sculpture, a musical work, etc.
What is Patents A ‘Patent’ gives an inventor exclusive rights to use their invention for a limited time. These rights will prevent other parties from copying or selling the invention without the permission of the inventor.
What Invention can be Patented? . Products . Process (functional or technical) . Software
A Patent Is A Negative Right A patent is a government issued deed which confers upon the patentee(s) (the inventor who has been granted a patent) the right to exclude others from the invention.
How will I know if my Invention is New Inventors can (Optional) file for a process whereby the patent office searches through existing files to determine if your invention has already been patented. The patent office will also decide whether your invention is not simply a progression of an existing product/process on approval, you are free to apply for a patent.
Part of the patent law, prohibits issuance of a patent if "the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States."
“ Chance favors the prepared mind.” Louis Pasteur.
Be on the lookout for NOVELTY .
Leave the rest to Attorney or Agent’s.
Difference between Patent, Copyright and Trademark Patent allow the creator of certain kinds of inventions that contain new ideas to keep others from making commercial use of those ideas without the creator’s Trademark on the other hand is not concerned with how a new technology is used. It applies to the names, logos and other devices-such as color, sound and that are use to identify the source of goods or service and distinguish them from their competition.
Difference between Patent, Copyright and Trademark Copyright applies to expressive works such as novels, fine and graphic arts, music, records, photography, software, video, cinema and choreography. It’s possible to get a patent on technologies used in the arts, but it is copyright that keeps one artist from stealing another artist’s creative work.