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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 />
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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 />
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