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Urban Food, Farm & Agriculture
Law Practicum

Building Brand Recognition
Through Intellectual Property
Protections
Kaitlyn...
Urban Food, Farm & Agriculture
Law Practicum

Intellectual Property
 IP rights protect
information or
knowledge in
creati...
Urban Food, Farm & Agriculture
Law Practicum

Trademarks
• Words, phrases, designs, or a combination
that identifies the s...
Urban Food, Farm & Agriculture
Law Practicum

Patents
• Exclusive rights granted to an inventor for a period of
time in ex...
Urban Food, Farm & Agriculture
Law Practicum

Copyrights
• Form of protection of
literary, dramatic, musical, artistic, an...
Urban Food, Farm & Agriculture
Law Practicum

Trademarks
• What are they?
– Words, phrases, designs,
or a combination that...
Urban Food, Farm & Agriculture
Law Practicum

Trademark Advantages
• Exclusive right to use
your trademark
nationwide (sta...
Urban Food, Farm & Agriculture
Law Practicum
Select a Search Option

How to Obtain a
Trademark
Before you begin the
applic...
Urban Food, Farm & Agriculture
Law Practicum
Avoid confusion

How to Obtain a
Trademark
There are a number of
reasons why ...
Urban Food, Farm & Agriculture
Law Practicum

How to Obtain a
Trademark
Once you have conducted a
search through TESS, you...
Urban Food, Farm & Agriculture
Law Practicum

After Your Application is Filed
• Monitor your application – this process ma...
Urban Food, Farm & Agriculture
Law Practicum

Helpful Websites
• USPTO General Information about Trademarks:
http://www.us...
Urban Food, Farm & Agriculture
Law Practicum

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8 BFUG Conference - IP Brand Protection

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Transcript of "8 BFUG Conference - IP Brand Protection"

  1. 1. Urban Food, Farm & Agriculture Law Practicum Building Brand Recognition Through Intellectual Property Protections Kaitlyn Mardeusz
  2. 2. Urban Food, Farm & Agriculture Law Practicum Intellectual Property  IP rights protect information or knowledge in creations 3 MAIN FORMS  Trademarks  Patents  Copyrights © ® ℠ ™
  3. 3. Urban Food, Farm & Agriculture Law Practicum Trademarks • Words, phrases, designs, or a combination that identifies the source of goods and/or services of one party from another • Distinguishes the trade origins of identical or related goods or services • http://www.uspto.gov/trademarks/
  4. 4. Urban Food, Farm & Agriculture Law Practicum Patents • Exclusive rights granted to an inventor for a period of time in exchange for the public disclosure and protection of an invention • Patent applications will set forth one or multiple claims defining the invention, which must meet relevant requirements such as novelty and non-obviousness • http://www.uspto.gov/patents • http://www.google.com/patents
  5. 5. Urban Food, Farm & Agriculture Law Practicum Copyrights • Form of protection of literary, dramatic, musical, artistic, and certain other forms of intellectual work, which can be published or unpublished • The work must be fixed, in a tangible medium, and original (ex. pictures, sound recordings, literary works) • The only time a copyright must be registered with the US Copyright Office is if you want to sue for infringement • http://www.copyright.gov/
  6. 6. Urban Food, Farm & Agriculture Law Practicum Trademarks • What are they? – Words, phrases, designs, or a combination that identify the source of goods or services of one party from another • Why do you need them? – Protects brands names and logos of your goods and services – Allows you to bring forth lawsuits against unlawful uses in commerce of your trademark
  7. 7. Urban Food, Farm & Agriculture Law Practicum Trademark Advantages • Exclusive right to use your trademark nationwide (state registration allows use within only that one state) • Public notice of your trademark ownership • Increase enterprise value • Right to use the federal registration symbol • Ability to bring actions in federal court • Listing in the USPTO database • Marketing tool • Build brand image by enhancing reputation
  8. 8. Urban Food, Farm & Agriculture Law Practicum Select a Search Option How to Obtain a Trademark Before you begin the application process to register your trademark, you will want to conduct a search through the Trademark Electronic Search System (TESS) on the USPTO website. Listed are the basic steps in conducting this search. • Basic Word Mark • Word and/or Design Mark (Recommended) Search your Trademark idea by term • Enter your Trademark idea • Use quotation marks to search entire phrases Check to see if your Trademark is already in use • Search results will indicate related Trademarks as “LIVE” or “DEAD” • Details given on each related mark (ex. registered classes)
  9. 9. Urban Food, Farm & Agriculture Law Practicum Avoid confusion How to Obtain a Trademark There are a number of reasons why conducting a search through TESS prior to filing an application is important. Listed are three of the main reasons/factors in conducting the search. • If a trademark already exists, your mark application will not be approved Strength/Weakness of Trademark • Fanciful and arbitrary - strongest • Suggestive – strong • Descriptive – weaker • Generic - weakest Public recognition • Ease/Ability of individuals to spell, remember, or pronounce your trademar
  10. 10. Urban Food, Farm & Agriculture Law Practicum How to Obtain a Trademark Once you have conducted a search through TESS, you can proceed to filling out the initial application form through the Trademark Electronic Application System (TEAS) on the USPTO website. Listed are the pieces of information required when submitting your application. • • • • • • • Ownership of the trademark Name and address Depiction of the trademark Goods and/or services Application filing fee Basis for filing Specimen for use-based applications • Signature
  11. 11. Urban Food, Farm & Agriculture Law Practicum After Your Application is Filed • Monitor your application – this process may take up to a year – An examining attorney will begin to review it after 3 months • Absent any issues, it will be published in the Official Gazette – The public has 30 days to raise any objections once your trademark is in the OG
  12. 12. Urban Food, Farm & Agriculture Law Practicum Helpful Websites • USPTO General Information about Trademarks: http://www.uspto.gov/trademarks/basics/BasicFacts.pdf • Trademarks Filing Fees: http://www.uspto.gov/trademarks/tm_fee_info.jsp • TESS: http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4809:t5li 5a.1.1 • TEAS: http://www.uspto.gov/trademarks/teas/
  13. 13. Urban Food, Farm & Agriculture Law Practicum Questions/Comments?
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