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The Law Office of Joan I. Norek |
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Intellectual Property |
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Chicago, Illinois |
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a patent is not a trademark is not a copyright is not ... A utility patent protects new and useful inventions, such as devices, processes, chemical compositions and more. Patents are issued by the USPTO, and then only if the application qualifies after a rigorous examination. More . . . A design patent protects only the appearance of useful objects, and then only if the appearance is new and nonobvious. More . . . A provisional patent -- does not exist. There are only provisional patent applications. More . . A trade secret protects business-confidential information, such as product ingredients, processes, customer lists, and more. Legal recognition stems from the nature of material and manner of maintaining its confidential status. More . . . A trademark is a brand name or logo used on or for products (or services) sold in commerce. Trademark rights are created by commercial use and enhanced by registration. Trademark registrations are issued by the USPTO, and then only if the application qualifies after examination and after the public has an opportunity to oppose the registration. More . . . A service mark is a trademark (a brand name or logo) used on services sold in commerce. See "trademark" above. (The term "trademark" is routinely used generically for both trademarks used on products and service marks used on services. The better generic term of "mark" is not always used.) A trade name is a business name. It is the name used commercially by a business entity. Trade name rights are created by commercial use, and are not eligible for registration (unless also used as a trademark). Legal recognition stems from commercial use, and legal protection is typically under unfair competition statutes. More . . . An action under unfair competition and/or Section 43(a) are protections afforded commercial enterprises against unfair business practices, including (but not limited to) unregistered trademark and trade name infringements. More . . . A copyright protects original works of artistic and literary authorship, such as paintings, jewelry designs, sculptures, software, photographs, books, cartoons, music scores, scripts, movies, sound recordings and more. Copyrights are created when an author creates such a work in a fixed medium, and enhanced by registration. Registrations are issued by the U.S. Copyright Office. More . . . Privacy and publicity rights protect against the unauthorized use of one's image and/or name for commercial purposes, the scope of protection depending on one's status as a private figure, public figure or celebrity. More . . .
questions, inquiries - contact the firm (all modes) or call 312.419.8055
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