This document provides a primer on trademarks and copyright for business owners. It discusses what trademarks and copyright protect, how to obtain common law and federal trademark rights, and the benefits of federal trademark registration. The document also covers selecting strong trademarks, proper trademark usage, copyright ownership and requirements, considerations for works made for hire, and strategies for combating counterfeit products.
IP Risk Management/ A presentation at Seminar on IP for Business Advantage and R&D Development- Dr. Kalyan C Kankanala
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
IP Risk Management/ A presentation at Seminar on IP for Business Advantage and R&D Development- Dr. Kalyan C Kankanala
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
Legal mistakes can doom even the best startup concepts and founding teams. This workshop prepares you with a legal road map to successfully safeguarding your product or idea. Yuri Eliezer, Founder and Patent Attorney at SmartUp, will show you how to reserve your Intellectual Property rights.
This workshop, led by intellectual property attorney and founder of Smartup, Yuri Eliezer, will help you understand what options are available to secure your work and how you can cover all your bases at a reasonable cost. Attendees will leave with an understanding of the difference between patents, trademarks, and copyrights, how to protect their software, how to preserve their rights, and who owns their contributions.
It will also cover the understanding of who owns your contributions:
-What if my Partner and I made our project together?
-Does my Employer own my intellectual property?
-How do I make sure I keep my rights when I’m doing contract work?
Discover how to effectively leverage the 4 major social media platforms—Facebook, LinkedIn, YouTube, and Twitter—to achieve your marketing goals. You'll quickly learn how to drive more Fans, followers, and conversions, and start improving your social media marketing today.
What do businesses need to know about Intellectual Property? This presentation covers the basics of Trade Secrets, Patents, Trademarks, and Copyrights for entrepreneurs, business owners, freelancers, and creative professionals.
Presentation from Ken Marr of Targeting Innovation 'Exploiting Intellectual Assets - There’s a lot more to intellectual assets than just patents and trademarks.
Find out about the assets that you are not protecting or exploiting'
Kunvay & Traklight present Why Marketers and Businesses Should Care About Cop...Traklight.com
Reggie Solomon is the founder of Kunvay which helps freelancers, creatives and their clients transfer copyright and intellectual property ownership online to design work, photos and written content. Reggie is interested in helping creatives and businesses learn how to navigate copyright & IP rights. He successfully addressed important copyright & IP issues firsthand as a co-author of the book I Garden Urban Style and as the creator of two blogs where he regularly works with freelancers and outsourced content providers.
Reggie holds a BA in political science and sociology from Yale University and a Master in Public Policy with a specialization in Business-Government policy from the Harvard Kennedy School.
Legal mistakes can doom even the best startup concepts and founding teams. This workshop prepares you with a legal road map to successfully safeguarding your product or idea. Yuri Eliezer, Founder and Patent Attorney at SmartUp, will show you how to reserve your Intellectual Property rights.
This workshop, led by intellectual property attorney and founder of Smartup, Yuri Eliezer, will help you understand what options are available to secure your work and how you can cover all your bases at a reasonable cost. Attendees will leave with an understanding of the difference between patents, trademarks, and copyrights, how to protect their software, how to preserve their rights, and who owns their contributions.
It will also cover the understanding of who owns your contributions:
-What if my Partner and I made our project together?
-Does my Employer own my intellectual property?
-How do I make sure I keep my rights when I’m doing contract work?
Discover how to effectively leverage the 4 major social media platforms—Facebook, LinkedIn, YouTube, and Twitter—to achieve your marketing goals. You'll quickly learn how to drive more Fans, followers, and conversions, and start improving your social media marketing today.
What do businesses need to know about Intellectual Property? This presentation covers the basics of Trade Secrets, Patents, Trademarks, and Copyrights for entrepreneurs, business owners, freelancers, and creative professionals.
Presentation from Ken Marr of Targeting Innovation 'Exploiting Intellectual Assets - There’s a lot more to intellectual assets than just patents and trademarks.
Find out about the assets that you are not protecting or exploiting'
Kunvay & Traklight present Why Marketers and Businesses Should Care About Cop...Traklight.com
Reggie Solomon is the founder of Kunvay which helps freelancers, creatives and their clients transfer copyright and intellectual property ownership online to design work, photos and written content. Reggie is interested in helping creatives and businesses learn how to navigate copyright & IP rights. He successfully addressed important copyright & IP issues firsthand as a co-author of the book I Garden Urban Style and as the creator of two blogs where he regularly works with freelancers and outsourced content providers.
Reggie holds a BA in political science and sociology from Yale University and a Master in Public Policy with a specialization in Business-Government policy from the Harvard Kennedy School.
1. Trademark & Copyright
Primer for
Business Owners
Wei Wei Jeang, Esq.
wjeang@gchub.com
469.878.8643
www.GeneralCounselHub.com
Copyright 2015 Wei Wei Jeang. All rights reserved.
2. Trademark
• Any “word, name, symbol, or device (shape, color,
smell, sound), or combinations thereof”
• Identifies the source of the product or service
• Commercial identity and goodwill & reputation
• Trademark rights established based on use
• Can be your most valuable asset
Copyright 2015 Wei Wei Jeang. All rights reserved.
4. Trademark
Common Law Rights
• Actual use
• Geographic scope of
actual use
Federal Registration
• Actual use or intent-to-
use
• Geographic scope is
nationwide
Copyright 2015 Wei Wei Jeang. All rights reserved.
5. Trademark
• Use TM for trademark not federally registered
• Use ® for federally registered trademark
• Examples:
Copyright 2015 Wei Wei Jeang. All rights reserved.
6. Trademark
• Highly advisable to register your trademarks with
USPTO
• Company name
• Product name
• Logo
• Slogan
Copyright 2015 Wei Wei Jeang. All rights reserved.
7. Trademark
• Federal Registration
• Legal Presumption of Ownership
• Legal Presumption of Exclusive Right to Use Mark
• Public Notice of Ownership
• Recordation with U.S. Customs & Border Protection
• Can Sue Infringer in Federal Court
• Nationwide Geographical Scope
Copyright 2015 Wei Wei Jeang. All rights reserved.
8. Trademark
• Domain Name ≠ Federal Trademark Registration
• Business Name Registration with State ≠
Federal Trademark Registration
Copyright 2015 Wei Wei Jeang. All rights reserved.
9. Trademark
• Pick unique trademark
• Must not be confusingly similar to another mark
• Sound alike, look alike, same commercial impression
for similar goods/services
Copyright 2015 Wei Wei Jeang. All rights reserved.
10. Trademark
• Pick strong trademark
• Must not be Descriptive or Generic
Fanciful or
ArbitrarySuggestiveDescriptiveGeneric
Copyright 2015 Wei Wei Jeang. All rights reserved.
11. Trademark
• Generic: MILK for dairy-based drink
• Descriptive: BRIGHT for flashlight
Fanciful or
ArbitrarySuggestiveDescriptiveGeneric
Copyright 2015 Wei Wei Jeang. All rights reserved.
12. Trademark
• Suggestive: OASIS for cold beverage
• Fanciful: XEROX, CISCO, MICROSOFT
• Arbitrary: APPLE, BLACKBERRY, GAP
Fanciful or
ArbitrarySuggestiveDescriptiveGeneric
Copyright 2015 Wei Wei Jeang. All rights reserved.
14. Trademark
• Proper Usage:
• Use different font or capitalize to set apart
• Use as adjective
• Don’t use as noun or verb
• Don’t pluralize
• Don’t use mark in the possessive
Copyright 2015 Wei Wei Jeang. All rights reserved.
15. Trademark
• YES:
• Buy TIDE detergent
• The whitening power of Tide
detergent
• Make a copy on the XEROX
copier
• Buy 3 COCA-COLA soft
drinks
• NO:
• Buy TIDE
• TIDE’s whitening
power
• Xerox this report
• Buy 3 Coca-Colas
Copyright 2015 Wei Wei Jeang. All rights reserved.
16. Copyright
• Protect a work of authorship
• Examples: photograph, drawing, painting,
lyrics, music recording, video/movie, literary
text, computer code, screen layout, user
manual
Copyright 2015 Wei Wei Jeang. All rights reserved.
18. Copyright
• Ownership is in the author by default
• “Hiring” a photographer to take photos
• “Hiring” writer to write product description
• “Hiring” computer programmer to create code
• Owning a copy ≠ owning copyright
Copyright 2015 Wei Wei Jeang. All rights reserved.
19. Copyright
• By default:
• Author is employee => Employer owns
• Author is independent contractor => Author
owns
• Must have agreement with independent
contractor that spells out ownership!
Copyright 2015 Wei Wei Jeang. All rights reserved.
20. Copyright
• Be aware of using images taken off the Internet
• Best to design or shoot your own graphics and
images and not take short cuts
• Amazon.com will remove listing upon
complaint from copyright owner
• Possible statutory damages of up to $150,000
per violation
Copyright 2015 Wei Wei Jeang. All rights reserved.
21. Copyright
• Ownership rights:
1. Make copies
2. Create a derivative work
3. Sell, distribute, transmit copy
4. Perform, display in public
Copyright 2015 Wei Wei Jeang. All rights reserved.
22. Copyright
• Common law copyright
• Federally registered copyright
• Presumption of valid copyright
• Public notice
• Statutory damages
• Required before lawsuit
Copyright 2015 Wei Wei Jeang. All rights reserved.
23. Copyright
• Consider registering
1. Photographs used in product listing
2. Photographs and graphics used on
packaging
3. Product description
4. User manual
Copyright 2015 Wei Wei Jeang. All rights reserved.
24. Copyright
• Federal copyright registration
• Simple form
• $35 or $55 filing fee (online)
Copyright 2015 Wei Wei Jeang. All rights reserved.
26. Combat Counterfeit Product
• Purchase counterfeit product
• Take pictures of packaging & product
• Capture screenshots of unauthorized use of
trademarks and copyrighted materials
• File complaint with copyright@amazon.com and
legal@amazon.com
• Get a lawyer involved
Copyright 2015 Wei Wei Jeang. All rights reserved.