Intellectual property is an intangible product of the human intellect, a creation that originates from someone’s mind; an invention, written content, images, even names—is someone’s intellectual asset. The law can protect your intellectual property from being stolen and you should take the necessary steps to defend it from copycats before you claim the reputation and financial benefit that your creation may bring. The government wants to encourage people to invent new technologies, innovate, and express creativity to ultimately promote economic growth. There are many tools at your disposal and types of intellectual property. Read on to find out!

The types of intellectual property include Copyrights, Trademarks, and Trade Dress. The types of intellectual property protection shield your secret information, protects your brand, defends your works of authorship or artistry, and functional creations or features.

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A copyright is a kind of protection granted by the laws of the United States to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

Fair use is the concept that certain types of use of federal Copyright protected works do not require the federal Copyright holder’s authorization because the use is minimal enough that it does not interfere with the federal Copyright holder’s exclusive rights to reproduce and otherwise reuse the work. Fair use is primarily designed to allow the use of the federal Copyright protected work for commentary, parody, news reporting, research, and education. However, fair use is not an exception to federal Copyright compliance so much as it is a “legal defense.” That is if you use a federal Copyright protected work and the federal Copyright owner claims federal Copyright infringement, you may be able to assert a defense of fair use, which you would then have to prove it in court.

Copyrighted works may contain trade secrets or confidential information. In such a circumstance, a federal copyright owner definitely does not want to make their work available for full public disclosure. There are exemptions where there is no public disclosure or a partial public disclosure of the work so that trade secrecy is maintained. Let Spiegel & Utrera, P.A. protect your trade secrets by registering your federal copyright with the U.S. Government.

A Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and identify goods or services to indicate their source or origin throughout the United States. Trademark rights may be used to deter others from using the same or a similar Mark in the United States.

The Federal Trademark or Servicemark Registration requirements include:

• The Mark is registered under the owner’s name and provided they offer goods or services under the Federal Trademark or Federal Servicemark. An owner may be an individual or business entity such as a corporation, limited liability company or partnership.
• If the owner is a business entity, the type and nationality must be specified.
• The application is based on actual use or an intent-to-use the Mark in commerce.
• An actual use application requires a description of the products or the advertising or promotional materials the Mark has been placed upon.
• An intent-to-use application requires a statement in good faith that the owner intends use the Mark in commerce, but such Mark will not be registered until it is actually used. The U.S. Government will issue a Notice of Allowance, which grants six months to either use the Mark in commerce or file for an extension. Once the Statement of Use is filed, then a registration certificate will be issued.
• A drawing of the Mark and a specimen of the Mark must be submitted when the application is based on actual use. Depending on the type of application, the drawing should depict the Mark as it has been used or how the owner intends to use it. A drawing is necessary even when a specimen is submitted as well. A specimen is a real-world example of how Mark is actually used on the goods or in service. The mark and any logo or drawing must match identically the mark and logo or draw on the specimen.

Trade Dress is a distinctive, nonfunctional feature, which distinguishes a merchant’s or manufacturer’s products or services from those of another. The Trade Dress of a product involves the “total image” and can include the color of the packaging, the configuration of goods, etc. Even the theme of a restaurant may be considered Trade Dress. Examples include the packaging for Wonder Bread, the tray configuration for Healthy Choice frozen dinners, the Happy Meal box for children at McDonald’s fast-food restaurant and the color scheme of Subway sub shops. Such a broad and ambiguous definition makes Trade Dress very easy to manipulate. Seeking protection against Trade Dress infringements can be vital to the survival of a business.

Trademarks typically only involve a set of words or a logo. Some Trade Dress features include size, shape, color combinations, and graphics in relation to things like product packaging or restaurant or store atmosphere.

For many small business owners, the topic of intellectual property makes them run in the other direction because of the fallacy that it is not worth their time or effort to secure intellectual property rights. However, many emerging businesses soon discover that a competitor is using their ideas such as packaging, logos, names and other protectable items costing them lost revenue due to consumer confusion. Unlike patents, which must go through a rigorous application process with the United States Patent and Trademark Office, trademarks can be obtained with relative ease. Your company name, logos, slogans, and any other identifiable marks consumers relate to recognizing your company and its products or services must be registered trademarks to be protected from your competitors. Your company’s reputation is at stake – you must be armed with registered trademarks to protect your company.