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name
logo
slogan
characters
collective (ABA)
certificaton (UL) |
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design
software
business method
utility
plant
non-obvious |
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formula
device
method
concept
technique
process
method that derives its own $ value, ascertainable by proper means, & subject to reasonable security precautions
(e.g. contacts, future plans, locat client/sales)
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literary
dramatic
pantomimes & choreography
pictorial, graphic & sculptural
motion pictures & audiovisual works
architectural works
musical works
sound recording |
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organizations fall under collective marks |
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certification marks stamps with seal of approval |
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only good for 14 years
not renewable
less expensive
just under $400
protect nonfunctional look of an item |
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new, useful & non obvious
starts at $795 for app
completely disclose how to make & sue your product |
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only good for 14 years
not renewable
only need to know they exist |
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register
cease & desist letter
ADR
settlement (& release)
litigation |
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ideas
useful items
invention
method
process
facts
names
titles
short phrases
public domain
expired copyrights
forfeited copyrights
dedicated works
typefaces (may be registered to certain extent) |
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copyright registration forms |
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protects sound recordings |
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text
protects lyrics, poetry, software code, nonfiction, & directions |
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protects series, volumes, issues, blogs |
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visual arts
generically protects 2D & 3D art
architecture blueprints if relevant
tribal masks
ship carvings
jewelry |
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performing arts
live, vocal & theatrical performances
choreography
broadcasts
scripts/screenplays/novels |
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new
collective form
used for past 3 yrs or so
meant to unite all categories & make app process easier
used as an online form |
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purpose
nature
amount/portion
market impact
most common in 3 categories: commentary, parody, & education |
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copyright remedies available |
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writ of seizure
injunction
damages
impounding & destroying infringing articles
attorney fees
criminal prosecution
fraudulent application = criminal fine |
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nonfunctional image/appearance |
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fanciful
arbitrary
suggestive
descriptive
generic |
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greatest protection
creating while creating the brand |
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pairing 2 words that wouldn't commonly be connected |
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recommend what the product is |
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either going to include a name or nickname |
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no protection
mark can die by genericide
-can be stripped of protection of brand becomes misused (e.g. every mp3 player being an 'iPod') |
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