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Table of Contents<br />

Introduction.........................................2<br />

Copyright..............................................3<br />

Trademark............................................4<br />

Patents...................................................5<br />

References............................................6<br />

Chapter 1<br />

Introduction<br />

Welcome to your <strong>Interactive</strong> Training<br />

<strong>PDF</strong>! In the next few pages we will<br />

be going over the core issues for<br />

marketing and design. These include:<br />

copyrights, trademarks and patents.<br />

You can go to the next page or back<br />

at any point in this training session<br />

by clicking in the top corners.<br />

2


Chapter 2<br />

Copyright<br />

Copyright began in 1787 when the U.S.<br />

Constitution empowered congress to<br />

enact copyright protection. Following<br />

that in 1790, the Copyright Act set the<br />

procedures for enforcement and registration.<br />

The current law was created in<br />

1976.<br />

Copyright only covers something in<br />

a tangible or fixed form- an idea does<br />

not count. An author can do many<br />

things with their work, including: distrubute<br />

copies, sell the work, display it<br />

publicly, etc. If an author chooses to do<br />

so, the copyright ownership will always<br />

be the author, not the physical owner<br />

of that work.<br />

U.S copyright laws protect “original<br />

works of authorship. What that covers<br />

is: catalogs, drawings and other designs,<br />

photographs, musical lyrics and<br />

scores, motion pictures on film, computer<br />

programs and lots more! Excluded<br />

from this list are titles, names, short<br />

phrases, facts, U.S government created<br />

works, and utilitarian works. Copyright<br />

does cover collective works like magazines.<br />

Copyright registration is very beneficial<br />

because it esttablishes a recorded date<br />

of creation, although it is not required.<br />

This can help protect you in cases of<br />

copyright infringment, or when someone<br />

else is trying to use your work<br />

without permission. For more information<br />

on copyright, visit: copyright.gov<br />

3


Chapter 3<br />

Trademark<br />

In order to distinguish a companies services<br />

from their competitor, they will use<br />

a trademark. A trademark can be a word,<br />

shape, phrase, number, letter, design,<br />

sound, color, or even a smell. It is something<br />

that helps identify where the product<br />

came from.<br />

There are a few restrictions when it comes<br />

to trademarks. A trademark can’t be immoral<br />

or scandalous. It also can’t contain<br />

a flag of a country or any insignia. It also<br />

can’t be similar to another trademark already<br />

registered.<br />

There are different types of trademarks. A<br />

service mark is used for selling or advertising<br />

services from a busincess. A collective<br />

mark is to show that a producer of the<br />

goods is a member of a certian organization.<br />

A certification mark shows approval.<br />

Finally, a trade name is a name the public<br />

knows a business by.<br />

In order to register your trademark, you<br />

have to go through the U.S. Patent and<br />

Trademark Office. There they are reviewed<br />

on their distinctiveness, and there are 5<br />

terms to show how distinctive a mark is.<br />

They are; generic, descriptive, suggestive,<br />

arbitrary and fanciful.<br />

Like in copyright, there is also trademark<br />

infringment. This happens when someone<br />

creates a mark that is close in resemblence<br />

or uses a registered trademark that is not<br />

thier own. For more information on trademarks,<br />

go to: uspto.gov<br />

4


Chapter 4<br />

Patents<br />

A patent is a specific and planned out<br />

idea. An invention must have physical<br />

evidence that the idea is theres by having<br />

actual reduction to practice or constructive<br />

reduction to practice.<br />

A patent gives the inventor the right to<br />

chose what to do with the invention,<br />

whether it be who can use it, selling it, or<br />

making it.<br />

There are two different forms of patents<br />

available. A design patent protects the<br />

appearance of a design, not the sturctural<br />

features. A utility patent protects machines,<br />

articles of manufacture and physical<br />

parts of the invention.<br />

Registering for a patent can take up to 2<br />

years. When someone uses the term “patent<br />

pending” it means their in the process<br />

of thier patent being approved.<br />

Again, like copyright and trademark,<br />

there are patent infringements as well.<br />

Sometimes this can happen unknowingly,<br />

and going through the process to<br />

protect patents are very lengthy. There<br />

are so many companies puruing law suits<br />

over patents, that some people call today<br />

the “patents wars”.<br />

5


References<br />

[Bookshelf]. (2017, March 24). Retrieved<br />

June 16, 2018, from https://pxhere.<br />

com/en/photo/1256031<br />

Clker-Free-Vector-Images. (2012, May 2).<br />

Book [Digital image]. Retrieved June<br />

16, 2018, from https://pixabay.com/<br />

en/book-pages-reading-open-paper<br />

-46356/<br />

Leone, U. (2017, December). Book Stack<br />

[Digital image]. Retrieved June 16,<br />

2018, from https://pixabay.com/en/<br />

book-stack-books-antiquariat-read-<br />

2915944/<br />

Perkins, S. (2015). Talent is not enough:<br />

Business secrets for designers.<br />

Retrieved June 16, 2018.<br />

Potter, C. (2012, November 24). 3D Judges<br />

Gavel [Digital image]. Retrieved June<br />

16, 2018, from https://commons.wiki<br />

media.org/wiki/File:3D_Judges_Gavel.<br />

jpg<br />

Wallpaper Wood Desk Desktop Picture [Dig<br />

ital image]. (n.d.). Retrieved June 16,<br />

2018, from https://www.maxpixel.<br />

net/Wallpaper-Wood-Desk-Desktop-<br />

Picture-2049059<br />

5

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