www.ascentagelaw.comPhone: 617.475.1603Email: info@ascentagelaw.com

Trademarks and Copyrights: Just the Basics

DISCLAIMER

• The information in this presentation is for informational purposes only and should not be considered legal advice.

• Because each individual’s situation is unique, please consult an attorney.

Trademarks• What are they?– Any word, name, symbol,

package design, slogan, or device that identifies and distinguishes the source of specific goods or specific services

– Put simply, they are brands• How long do they last?– Can be perpetual as long as

you continue to offer the same goods or services• Trademark = goods• Service mark = services

• What are they NOT?– Something to prevent the

entire U.S. from using your mark on any good or service• Must actually be using the

mark on specific goods or services

• Cannot prevent others from using a mark on goods or services that you do not offer

– Something that merely describes the good• Example - cannot use

“APPLE” for apples– Trademarks ARE NOT

patents or copyrights!Source: http://www.inta.org/TrademarkBasics/Documents/INTATMBasicsBrochure.pdf

Source: http://www.inta.org/TrademarkBasics/Documents/INTATMBasicsBrochure.pdf

• “Common law”– Use the mark on your goods

or services without registering• No cost

– Only protects you in a limited geographic area

• International protection– Can file for protection under

Madrid Protocol or various international agreements• Fees – vary greatly by

country– Only covers those countries

that are members to it

• Federal & State registration– Register mark with USPTO

and/or state official• USPTO fees – ~$300 per

class• State fees – varies by state

– Prevents others from using identical mark or one that is confusingly similar throughout the U.S. for specific goods or services that you offer– One of the strongest reasons

to file with USPTO

How do you get U.S. trademark rights?

Copyrights• What are they?– Protection for “original works

of expression, not the idea itself”• Books, plays songs, dance,

painting, photos, and videos• Computer programs and

buildings

• How long do they last?– Basic rule = Life of the author

+ 70 years

• How do you get protection?– Must be “fixed in a tangible

medium of expression”• i.e. once you put pen to

paper– Need not file, but highly

recommended to get certain statutory rights• Copyright Office fee – $35

per filing when done online

Source: http://www.inta.org/TrademarkBasics/Documents/INTATMBasicsBrochure.pdf

FIRM BACKGROUND▫ Ascentage Law is a boutique IP & licensing firm with offices in Cambridge,

Massachusetts and Concord, New Hampshire

▫ Ascentage Law is innovating the delivery of cost-effect legal services for technology-based ventures and creative enterprises

▫ Ascentage Law possesses the business, technological, and legal experience necessary to assist clients effectively in these critical activities.

▫ Our firm philosophy is based on the premise that success in the 21st Century is dependent upon a company’s ability to develop, keep and utilize commercial advantages in the marketplace.

www.ascentagelaw.comPhone: 617.475.1603Email: info@ascentagelaw.com