Understanding Trademarks And Patents

The United States Patent and Trademark Office (USPTO or Office) is an agency of the U.S. Department of Commerce. The function of the USPTO would be to grant patents for the protection of inventions also to register trademarks. It serves the interests of inventors and businesses with respect to their own inventions as well as corporate merchandises, and service identifications. In addition, it counsels and assists the President of the United States Of America, the Secretary of Commerce, the bureaus and offices of the Department of Commerce, and other agencies of the authorities in matters involving all domestic and global aspects of “intellectual property.” Through the preservation, classification, and dissemination of patent information, the Office promotes the technological and industrial progress of the nation and fortifies the market.

The Office supplies the public with copies of official records and patents. It offers training to practitioners as to requirements of the patent statutes and regulations, also it releases these to be elucidated by the Manual of Patent Examining Procedure. Similar functions are performed relating to trademarks. By protecting intellectual endeavors and encouraging technological advancement, the USPTO attempts to preserve the United States’ technological edge, which is essential to future competitiveness and our present. The USPTO also disseminates patent and trademark information that promotes a comprehension of intellectual property protection and facilitates sharing and the development of new technologies globally.

What Are Patents, Trademarks, Servicemarks, and Copyrights?

A number of people confuse patents, copyrights, and logos, and servicemarks. They may be distinct and serve different functions although there may be some similarities among these forms of intellectual property protection.

What exactly is a Patent?

A patent for an invention is the grant of a property right to the inventor. Ordinarily, the term of a new patent is 20 years from the date on which the application for the patent was filed in America or, in particular cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. Under certain circumstances, patent term extensions or adjustments might be accessible.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in America or “importing” the invention into the United States. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.

What’s a Trademark or Servicemark?

A brand is a word, name, symbol, or device that is used in trade with goods to indicate the supply of the goods and to distinguish them from the goods of others. A servicemark is the exact same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.
Brand rights can be utilized to prevent others from using a confusingly similar mark, but not to prevent others from making precisely the same goods or from selling the same goods or services under a clearly different mark. Brands that are utilized in interstate or foreign commerce might be registered with the USPTO. The registration procedure for trademarks and general information concerning brands can be found in the different book entitled “Basic Facts about Trademarks.”