Intellectual Property - Chapter 9

What is an example of Certification Mark?

"Made in Montana" to certify region or geographic origin. May also signify the type of material used. "Union Made in the USA"

trade secret

A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers. In some jurisdictions, such secrets are referred to as "confidential information" or "classified information".

Which law protects trademarks?

Common law

Utility Patents

Design patents for original and ornamental designs for manufactured articles and plant patents for new varieties of plants.

What is the Lanham Act?

Federal trademark law allows trademarks to be registered if they are distinctive and nonfunctional. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.

how long do trade secrets last?

Indefinitely. So long as the secrecy is maintained, the life of a trade secret may last forever. In contrast, most patents are valid for 20 years.

Intent to use

Intent to use is a term used in trademark applications. If you have not yet used the mark in commerce, but plan to do so in the future, you may file based on a good faith or bona fide intention to use the mark in commerce. You do not have to use the mark before you file your application.

What is the main difference between patents & trademarks and trade secrets?

One of the differences between patents and trademarks, on the one hand, and trade secrets, on the other, is that trade secret is protected only when the secret is not disclosed.

How long does a trademark last?

Trademark rights can last indefinitely as long as the owner continues to use the mark to identify its goods or services. The term of a federal trademark is 10 years, with 10-year renewal terms. However, the USPTO requires that between the fifth and sixth year after the date of registration, the registrant must file an affidavit stating that the mark is still in use. If no affidavit is filed, the registration is cancelled. The USPTO does not remind the trademark owner of this deadline.

How long do patents last?

Utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date the applications were filed. You must make the timely payment of the appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. No maintenance fees are required for design patents.

Under U.S. law, a trade secret has 3 parts, what are the 3?

has three parts: (1) information; (2) reasonable measures taken to protect the information; and (3) which derives independent economic value from not being publicly known."[1]

non-disclosure agreement

is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects nonpublic business information.

misappropriation

is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets (a fiduciary duty). It is a felony, a crime punishable by a prison sentence.

How are trade secrets protected?

trade secrets are protected under state laws, and most states have ratified the Uniform Trade Secrets Act . owners of trade secrets seek to protect trade secret information from competitors by instituting special procedures for handling it, as well as technological and legal security measures.