Trademarks FAQ
How do copyrights, trademarks,
patents and trade secrets differ?
Intellectual Property is intangible and represents assets
of the mind. There are four separate and distinct forms
of Intellectual Property:
- Copyright
- Protects original works of expression, such as fine
arts, writing, music, photography and cinema by preventing
people from copying or commercially exploiting these
works without the permission of the copyright holder.
- Copyrights laws do not protect names, titles or
short phrases (Trademarks)
- Copyrights obtained through the United
States Copyright Office ( http://www.loc.gov/copyright/)
- Trademarks
- Trade Secrets
- Any formula, pattern, physical device, idea, process,compilation
of information or other information that both provides
the owner of the information with a competitive advantage
in the marketplace, and is treated in a way that can
reasonably be expected to prevent the public or competitors
from learning about it, absent improper acquisition
or theft.
- Commonly used with food and beverage products.
- Do-it-yourself- Trade secret protection lasts for
as long as the secret is kept confidential.
- Patents
- Patents protect an invention. Inventions include
any new and useful process, machine, manufacture,
or composition of matter, or any new and useful improvement
on any of the above.
- Patents must be new, useful and nonobvious.
- Patents can be obtained from the United
States Patent and Trademark office (http://www.uspto.gov)
What is the difference between
a trademark and a service mark?
A trademark refers to a good or service while a service
mark refers to the company that provides the good or service.
For example. Nike Cross Trainers ® is a trademark,
but Nike, Inc. is a service mark that indicates the retail
services provided by the company.
Can a company name be trademarked?
Business names, such as in the previous example (Nike),
can be trademarked when there are goods or services with
that name. For example, Nike Cross Trainers ® contains
the word Nike, so therefore, Nike, Inc. can be trademarked
as a company name.
How do I apply for a trademark?
First, be aware that one can have trademarks at both
the state and federal level. For all questions regarding
state patents, please refer them to the Department of
the Secretary of the State of North Carolina. Their web
site is at http://www.secretary.state.nc.us/blio/trademarks.asp
When you wish to obtain a trademark, you should first
start by searching the TESS
database either on the USPTO web site or at the DH
Hill Library at North Carolina State University. You might
wish to then consult a patent and trademark attorney.
Here is USPTO
directory of Patent Attorneys and Agents registered to
practice in the state of North Carolina. Finally,
you will need to apply for a trademark with the USPTO.
You can do this online with the TEAS system at http://www.uspto.gov/teas/print/welcome.htm
How can I search for trademarks?
This web site has trademark searching resources and tutorials
available at http://www.lib.ncsu.edu/ptdl/trademarks/searching.html
I live a fair distance from NC
State, and you are the sole Patent and Trademark depository
library in North Carolina. Can I search from home, or do
I need to come into the library itself?
See this page on opportunites
for distant patrons. Depending on your question, it
may be possible for you to avoid a long drive....
How much does it cost to obtain a
trademark?
Visit www.uspto.gov to view a current fee schedule.
Can the Libraries give
me legal advice?
The Libraries can show you how to use search tools that
can help you with your patent and trademark search, and
assist you with our collections. We are, however, not
allowed, and not qualified to offer legal advice. If you
need legal assistance, feel free to use this USPTO
directory of Patent Attorneys and Agents registered to
practice in the state of North Carolina.
Can the Libraries do a search
for me?
Once again, we are happy to show you how to use the USPTO
web site or CASSIS to search for patents and trademarks.
Due to liability issues, we are, however, unable to search
for you.
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