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Preliminary Trademark Decisions

Websites and publications to consult to determine whether to apply for a trademark, copyright, design patent, or trade secret.

Consult the following Web sites or publications to learn more about each of the following:

1. Trademark/Service Mark

Basic Facts About Trademarks
http://www.uspto.gov/main/trademarks.htm
Explains what a trademark is, what is involved in applying for and maintaing a trademark registration, and defines the "intent to use" requirement. It also includes a list of the international classes of goods and services. A paper copy of this publication is available in Patent Depository Libraries.

Trademark Frequently Asked Questions (FAQ)
http://www.uspto.gov/web/offices/tac/tmfaq.htm
Discusses certification and collective marks as well as the searching and application processes.

Texas Trademark Resources
http://www.sos.state.tx.us/corp/trademark.shtml
Contains general information about fees and registration of a trademark in the state of Texas.

Trademark Application
http://www.uspto.gov/web/forms/index.html#TM
Forms and instructions for filing a trademark application with the USPTO.

Trademark Electronic Application System
http://www.uspto.gov/teas/e-TEAS/index.html
Application system prefered by the USPTO since it results in a cheaper and more quickly processed application.

Trademark Manual of Examining Procedure
http://www.uspto.gov/web/offices/tac/tmep/
Details the procedures trademark examiners use to process a trademark application.

USPTO Trademark Electronic Search System (TESS)
http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=English&p_d=trmk
USPTO's online trademark search database.

U.S. Trademark History Timeline
http://www.lib.utexas.edu/engin/trademark/timeline/tmindex.html
From the University of Texas at Austin.

U.S. Trademark Law: Rules of Practice Statutes
http://www.uspto.gov/web/offices/tac/tmlaw2.html
Federal statues relating to trademarks.

2. Copyright

U.S. Copyright Office Copyright Basics
http://www.copyright.gov/circs/circ1.html
Includes information about securing, protecting, transfering, registering, and publishing a copyright.

U.S. Copyright Office
http://www.copyright.gov/
Copyright page includes links for the above services as well as legal and policy considerations, fees, and searching existing copyrights.

Copyright Resources
http://library.rice.edu/collections/government-information/federal/copyright-resources
General and specific copyright resources organized by Fondren Library Government Publications.

3. Design Patent

  • U.S. PTO (Patent and Trademark Office) What is a Patent?
    http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent
    Discusses the 3 types of patents (utility, design, and plant) and what can be patented.
  • Frequently Asked Questions (FAQ) about Design Patents
    http://www.uspto.gov/web/offices/pac/design/desfaq.html
    Information from the USPTO to help with decisions about using and filing for a design patent.
  • Design Patents (BitLaw)
    http://www.bitlaw.com/patent/design.html
    Diffentiates a design patent from a utility patent, trademark, and copyright. Discusses design patents in computer and Internet technologies.

4. Trade Secret


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