Key Terms
Intellectual Property (IP)
Intangible property representing the commercially valuable product of the human mind. Can be abstract (a melody) or conc
Four types of IP protection
Patents, trade secrets, copyrights, trademarks.
Source
Article I, Section 8 of the U.S. Constitution.
Public domain
Works no longer under IP protection; freely usable by anyone.
Trademark
Any word, name, logo, motto, device, sound, color, or graphic symbol used by a manufacturer or seller to distinguish its
Primary purpose
Guarantee a product's genuineness. A trademark is the commercial substitute for one's signature.
Governing law
The Lanham Act.
Duration
Unlike patents and copyrights, trademarks are NOT subject to the Constitution's limited time restriction. They can last
Strongest
Invented words (words that did not exist before the trademark). Also valid: common words that consumers have come to ide
Secondary meaning
When the public comes to identify a name or symbol with a particular source rather than its general meaning.
Words
Invented words are easiest to protect; common words qualify if consumers identify them with a specific source.
Names
Personal names qualify if they have acquired business presence and secondary meaning.
Slogans
Trademarked slogans are common and valid. A company can also trademark the combination of name, logo, and slogan as disp
Strong marks in one category
Some trademarks are so strong and widely recognized that they can block registration even in a completely different prod
Colors
Can be trademarked if strong enough to create consumer identification. A specific color used on a specific product categ