Engineering Design
385
mark used in the sale or advertising of services to identify the services of one individual
or company and distinguish them from the services of others
[87,88].
Unlike a patent, but like
a
copyright, ownership of a trademark or service mark
is
acquired by use. An individual or company using the mark within a state may register
the mark in that state. The Secretary of State within each state has the forms for the
registration of a trademark or service mark. Once a mark has been used in interstate
or foreign commerce, the mark may be registered in the
U.S.
Patent and Trademark
Office. This
is
accomplished by filing an application to that office (see Referencc
87).
Prior
to
receking federal registration of the mark, the symbols
lM
and
ss‘
may be
used (these symbols give notice that the marks have been filed with the state). After
the mark has received federal registration the symbol
@
should be used.
There are two classes of registration for a mark. The Principal Register
is
for uniquc
and distinctive marks that when applied to products and services are not
likely
to
cause confusion
or
deception. To
be
registered on the Principal Register a mark must
be in continuous, exclusive interstate use. Marks not registrable on the Principal
Register may be registered on the Supplemental Register.
The term
of
a
federal registered trademark and service mark
is
20
years. In
order
to
secure the mark for the full
20
years, an affidavit must be filed with the
Commissioner of Patents and Trademarks in the sixth year showing the mark is
still in use.
It
is advisable to conduct
a
search in the
U.S.
Patent and Trademark
Office to determine whether a mark under consideration might conflict with
existing registered marks. Trademarks and service mark registrations may be
assigned after registration.
Once federal certification of a mark has been issued, thc mark
is
protectcd
nationwide. Any infringement by an individual or company of a mark after federal
registration can be subject to damage claims by the mark owner in U.S. District Courts.
Foreign countries require registration of a mark in compliance with local laws.
The local laws vary a great deal; thus, it
is
necessary to consult a local attorney
01-
ii
U.S.
attorney familiar with foreign patent and trademark law in order to register
a
mark in a foreign country.
Information concerning the registration of marks in the
U.S.
may be obtained
from the Commissioner of Patents and Trademarks, Washington,
D.
C.,
20231.
Copyrights
The copyright protects creative works such a literary works, musical works, dramatic
works, pictorial, graphic, sculptural, motion pictures and other audio-visual works,
and computer software. It is the later that is of most concern to the engineer
[89,90].
Registration for copyright protection may be obtained by application to the Register
of Copyrights, Library of Congress, Washington,
D.
C.,
20540.
This registration must
take place on or about the time of the first sale of the creative work. The forms for
application are obtained from the address above (the application fee
is
$10)
The notice
of
copyright is given by “copyright”
or
the abbreviation “Copr” or by
the symbol
0.
The notice must be accompanied by the name of the copyright owner
and the year
of
the first publication. Like a patent, only the author
of
the creative
work can be the copyright owner. However, an assignee may file for the copyright on
behalf of the author of a creative work. In general, the term of a copyright is for the
life
of
the author (of the creative work) plus
50
years. Any infringement by
an
individual
or company of
a
registered copyright can be subject to damage claims by the creative
work owner or assignee in
US.
District Courts.
Under the Universal Copyright Convention, a
U.S.
citizen may obtain a copyright
in most countries of the world by simply publishing within the
U.S.
using the
0
symbol and the appropriate author and date
of
publication notices (only the
0
symbol
is recognized worldwide).