415.398.3141 iplaw@evoke.law

Forms of IP



1.  SUBJECT MATTER

Patent

  • Functional features of processes, products, or composition of matter

Trademark

  • Word, name, symbol, design, logo or combination thereof
  • Trademarks () are used in connection with hard goods, e.g. cars, clothing, electronic equipment, food, etc.
  • Service Marks () are used in connection with intangible services, e.g., education, business consulting, financial planning, legal, medical services, etc.

Trade Secret

  • Formula, pattern, physical device, idea, process of compilation of information that provides the owner of the information with a competitive advantage in the marketplace

Copyright

  • Original works of authorship

 

2.  SOURCE

Patent

  • Rights dependent on federal government grant

Trademark

  • Common law rights based on use
  • Statutory rights dependent on federal and/or state government grant; registration provides benefits
  • Can enforce rights in a common law mark, but the bundle of rights is larger for a registered mark

Trade Secret

  • State law

Copyright

  • Statutory rights dependent on federal government grant
  • Registration provides benefits
  • Cannot enforce copyright absent valid registration

 

3.  MARKING/NOTICE

Patent

  • Patent  ####### or Pat. ####### or Pat. Pending #######

Trademark

  • ® only for registered marks
  • or  for common law or marks the subject of a pending application

Trade Secret

  • N/A

Copyright

  • © for common law and registered copyrights

 

4.  DURATION

Patent

  • Utility Patent: 20 years from filing or 17 years from issue
  • Design Patent: 14 years from issue

Trademark

  • Common law rights so long as the mark used in commerce
  • Statutory rights granted for 10-year renewable terms

Trade Secret

  • So long as treated in a way that can reasonably expected to prevent the public or competitors from learning about it, absent improper acquisition or theft

Copyright

  • Life of author plus 70 years
  • For anonymous, pseudonymous and works made for hire: 95 years from publication or 120 years from creation

 

ip