Intellectual Property Law

Chapter 1 Internet Resources Solutions

1. Access the website of the USPTO.

a. What is the fee for filing a paper trademark application?
The fee is $375.

b. Locate the Glossary. What is the definition of “service mark”?
Service mark is defined as follows: a word, name, symbol, or
device that is to indicate the source of the services and to
distinguish them from the services of others. A service mark is
the same as a trademark except that it identifies and
distinguishes the source of a service rather than a product. The
terms “trademark” and “mark” are often used to refer to both
trademarks and service marks.

c. Conduct a patent search for the Published Application number
20090265214. Who is the first inventor identified?
The first inventor listed is Steven Jobs of Palo Alto, CA.

2. Access the website of the USPTO. Conduct a trademark search for Trademark
Registration No. 0608807.

a. What is the trademark shown?
The trademark is CREAMSICLE.

b. When was it first used?
It was first used on Jan. 15, 1937.

c. When was the trademark application for this mark filed?
The application was filed on March 10, 1954.

3. Access the website of the U.S. Copyright Office. Review the FAQs.

a. Can the band Maroon 5 copyright its name?
No. Names are not protected under copyright law (although
some names may be protected under trademark law).

b. Does copyright protection exist for ideas?
The Copyright Office website provides as follows: “Copyright
does not protect ideas, concepts, systems, or methods of doing
something. You may express your ideas in writing or drawings
and claim copyright in your description, but be aware that
copyright will not protect the idea itself as revealed in your
written or artistic work.”

4. Review Section 1 of the Uniform Trade Secrets Act, available at the website of
the Uniform Law Commission at www.uniformlaws.org. Is a trade secret
protectable if it has no current value but may have potential value?
Yes. Section 1 provides that “trade secret” means information that
derives independent economic value actual or potential from not
being known to others.

5. Access the U.S. Code. What is the subject matter of 35 U.S.C. § 103?
The subject matter is “Conditions for patentability; nonobvious
subject matter.”