welcome to the ieee ipr office trademark tutorial
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Welcome to
the IEEE IPR Office
Trademark Tutorial
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This Tutorial has been designed to provide This Tutorial has been designed to provide IEEE volunteers with helpful information about IEEE volunteers with helpful information about
trademarks, and to explain how trademarks trademarks, and to explain how trademarks can benefit IEEE products or servicescan benefit IEEE products or services
What is a Trademark?
According to the U.S. Patents and Trademark Office, a trademark includes
What is a Trademark?
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any
that identifies and distinguishes the goods or services of one entity from the goods or services of others.
word, name, or symbol,
What is a Trademark?
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Although authored material in IEEE publications is protected by copyright, there are other aspects of the publication that are trademarks, such as
Trademarks should be registered in order to allow full legal protection against abuse and infringement.
publication titles
conference names
acronyms
logo designs.
®®
Registering a Trademark
Trademark registrations can be obtained only for specific goods and services on which the marks are actually used in interstate commerce.
However, preliminary applications can be filed before actual use occurs, based on a good faith intent to use the marks in the future on specified goods or services.
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Registering a Trademark
Because of the cost and time to obtain registrations, it is generally advisable to obtain them only for primary goods and services, e.g., print and online publications and conference titles.
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Registering a Trademark
Trademark registrations can cost several thousand dollars, covering the expense of legal review and the application process.
Registering a Trademark
Registrations can take 1-2 years to obtain. So, if a name or logo will not be used in the same form for a long period, a registration application may not be warranted.
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Benefits of Trademark Registration
Trademark registration has a number of benefits, including
Federal notice of the trademark owner's claim.
Evidence of ownership of the trademark.
Jurisdiction of federal courts may be invoked.
Registration can be used as a basis for obtaining registration in other countries.
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Benefits of Trademark Registration
It is possible to obtain rights to a name or logo without registering a trademark. In the U.S., rights exist under “common law” based on ongoing and consistent use of trademarks in commerce.
However, registrations in the USPTO can provide additional legal recognition, making it easier to pursue abuse and misuse of marks by others.
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Benefits of Trademark Registration
Trademark RegistrationBenefits ofLimitations of
A trademark owner has the right to take legal action against other parties who adopt names or logos that are “confusingly similar.”
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Limitations of Trademark Registration
Failure to take action against confusingly similar marks can lead to the weakening or loss of trademark rights.
Significant delay in taking action against an infringer can also weaken or defeat a claim for infringement.
Registrations granted prior to November 16, 1989 have • a 20-year initial term, and • must be renewed every 20 years thereafter.
Registrations granted on or after November 16, 1989 have • a 10-year initial term, and • must be renewed every 10 years thereafter.
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Term Limits for Trademarks
Limitations of Trademark Registration
If an organization ceases its use of a name or logo and cannot document an intent to resume use, the rights may be deemed abandoned and any registration obtained for the name or logo may be cancelled.
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®
Non-use for three consecutive years will create a presumption of abandonment.
Limitations of Trademark Registration
Use It or Lose It
Proper Use of Symbols and Display of Trademarks
or ?
The “TM” symbol is used for names and logos that are not registered with the USPTO, including those that are the subject of pending applications.
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The “®” symbol is used only for those names and logos for which a registration in the USPTO has actually been issued.
TM ®
TM ®
Displaying Trademarks
Distinctive type fontsAll capsBoldface
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Registered and unregistered trademarks should be used prominently in written and online materials; it can also be helpful to display them in
Distinctive type fonts, All caps, or Boldface.
Additional Information
The IEEE IPR Office staff is available to answer any questions you may have about trademarks, or to assist with the registration of the trademarks used by your conference, publication, or society.
IEEE IPR Officewww.ieee.org/copyrights(732) 562-3966 [email protected]
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Additional Information
World Intellectual Property Organization (WIPO) is an agency of the United Nations that administers 23 international treaties dealing with different aspects of intellectual property protection.
www.wipo.int/trademarks/en/
The United States Patent and Trademark Office (USPTO) is a federal agency in the US Department of Commerce whose responsibilities include administering the laws relating to patents and trademarks
www.uspto.gov/main/trademarks.htm
Web sites for additional information on trademarks
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For other tutorials on IPR-related topics, such as
The IPR Tutorial Series
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• Patents• Copyrights• Plagiarism
Please visit the IEEE IPR Office web site
www.ieee.org/copyrights/tutorials
Copyright © 2008 IEEE
This concludes the IEEE IPR Office Trademark Tutorial.
We hope it helped to provide a better understanding of trademarks.