2.  A collection of intangible rights which
includes
trademarks, copyrights, patents and
trade secrets
 It has to be handled properly so that the
property will be protected by the law

3.  A word, name, phrase, symbol, or in some
cases a design that is used by a manufacturer
or merchant to identify and distinguish its
goods from those sold by others and to
indicate the source of a product or the quality
of a product
 Can be a form of word, name phrases, logo
designs, colors and sounds

4.  The Federal Trademark Act of 1946 or
Lanham Act has provided the Patent and
Trademark Office (PTO) to administer the
national system of registration and public
notice of the trademark rights

5. owner must file a written application with the PTO by providing details such as the name of
the applicant, his or her citizenship, address, goods and services
PTO staff will review the application and within a few months would advise the applicant if
there is any problem with registering the mark
If there is any defect or problem with the mark, the examining attorney will reject the
application to give the opportunity to the owner to make some changes
PTO will publish the proposed registration in the Official Gazette which is a government publication.
This will give a thirty day time to see if there is anyone opposing the trademark
if no one opposes the trademark, the PTO will issue a Certificate of Registration. This entire
process would take 12 to 18 months on average

6.  Fanciful or Coined marks
 Arbitrary marks
 Suggestive marks
 Descriptive marks

7.  trademarks that have no meaning
apart from their trademark usage and
through advertising and frequent
display
 representing a particular product or
service
 Example: KODAK and EXXON

8.  used to identify the product or
services
 does not really represent the type of
product
 strong marks for protection
 Example:
APPLE for computer
CAMEL for cigarettes

9.  describe the feature or quality of the
product and services
 require some imagination to make the
connection
 no describe the product fully but require
some imagination to connect the mark to
the product
 Example:
CHEERIOS for breakfast cereals
IVORY for soap products

10.  fully describe the type of product or
service
 receives little or no protection from
the courts
 Example: HONEY BAKED HAM

11.  Distinguish the mark from its
surroundings
 Use as an adjective
 Use notice symbol

12.  a property right provided by the government
in an original work of authorship that is fixed
in a tangible form
 protects the author’s exclusive right to use
and exploit
literary, dramatic, musical, artistic, and
certain other intellectual works
 author or creator just submit the work with
an application form and a $20 fee to the
Copyright Office and registration is complete

13.  To reproduce the work in copies, tapes or
CDs, the exclusive right
 To prepare derivative works based on
copyrighted work
 To distribute copies of the work to the
public
 To perform the work in public
 To display the work in public

14.  confidential business information that is
treated in a secret manner and that would
have independent economic value if it were in
the hands of the competitor
 The way to protect the trade secrets:-
1. Contract which is confidentiality agreement
2. By the existence of a special relationship
such as with the employees

15.  protectable property right granted by the
government that protects an invention, new
device or innovation that is made or created
by others
 To register the patent application is a very
complex process as it should be handled by a
professional like a patent attorney or patent
agent

16. 1. Tying arrangement will be found to be
unlawful when a court finds the situation below:
 There are two distinct and separate products
involved
 The seller has sufficient economic power in the
tying product to restrain competition in the tied
product
 The arrangement substantially lessens competition
in the market of the tied product.

17. 2. Pricing Issues
 Franchisors may suggest the prices that the
franchisee charges.
 Franchisees are not bound to follow the
suggestions.
 Franchisees are also cautioned at
conventions and regional meetings never to
discuss prices or pricing strategies with one
another as they are direct competitors.