Trademark Definition correct answers a name, symbol, or other device identifying a product.
What do trademarks do? correct answers These marks give owner exclusionary rights and allow them to control usage of a particular mark
What does filing with the USPTO give you? correct answers National...
Tech & IP Exam || A+ Guaranteed.
Trademark Definition correct answers a name, symbol, or other device identifying a product.
What do trademarks do? correct answers These marks give owner exclusionary rights and allow
them to control usage of a particular mark
What does filing with the USPTO give you? correct answers National protection
Besides filing the TM, what is the other way of registering it? correct answers Using it in
commerce--common law applies to wherever you use the mark.
What is a copyright? correct answers the exclusive legal right, given to an originator or an
assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to
authorize others to do the same.
What do copyrights apply to? correct answers they apply to original works of authorship fixed in
any tangible medium of expression
Bundle of Rights correct answers Reproduce
Distribute
Publicly perform
Publicly display
Create derivative works
when are patents granted? correct answers Patents are granted for new, useful, non-obvious
inventions
A patent allows the right to exclude others from... correct answers making, using, selling,
offering for sale, or
importing that which is covered by the patent
How long do utility patents last? correct answers 20 years from date of filing
How long do design patents last? correct answers 14 years from date of issuance
Patent rights... correct answers are not divisible.
While you can't divvy up the rights of the patent... correct answers You can license to different
firms the ability to do different things, i.e., allow one firm to produce planted product and allow
another firm to sell patented product.
Examples of trade secrets correct answers Customer lists
Strategic plans
Research and development
Pricing information
, Marketing techniques
Production techniques
Why have trade secrets? correct answers The reason these are kept as trade secrets is because
they are generally not able to be patented and you don't want to disclose to public in the event
they are
What does every licensing agreement have to specify in the License Grant? correct answers
Whether it is exclusive and non-exclusive.
Parties correct answers Describes the parts involved in the agreement
Effective Date correct answers
License Grant correct answers This is what the actual license grants.
What is being licensed.
What are the contours of the license grant
Definitions correct answers Discusses key terms which will be used throughout the course of the
license
Look over each term and make sure they comport with your intended definition of the word it
defines
Recitals correct answers Introductory clauses in agreements setting forth basis for agreement.
· Recitals are basically a very short synopsis of what was done and the technology involved
because people who didn't work on the original licensing agreement will need to understand it as
will arbitrators, judges and other parties.
· Two contexts in which recitals may be binding
1. Authoritative description of the context for the license
2. Recitals may be drafted in such a way that makes them part of a covenant. This can be done by
referring to the recitals in the operative part of the license
Consideration Clause correct answers · You always need consideration in any
contract/agreement to make it a valid contract
· In agreement you usually don't need to include money in exchange but some dollar amount
should be included
What are the contours of the License Grant correct answers a. Product description
b. Exclusive or non-exclusive
c. Geographical parameters
d. Certain business fields
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