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Trademark registration is the legal process of protecting a brand's name, logo, slogan, or other distinctive elements. It grants the owner exclusive rights to use that mark in connection with specific goods or services, helping to prevent others from using similar marks that could confuse consumers.
Copyright registration is the process of officially recording a claim of copyright with the U.S. Copyright Office. While copyright protection automatically exists the moment an original work of authorship is "fixed in a tangible medium of expression" (e.g., written down, recorded, painted)
Intellectual property (IP) infringement refers to the unauthorized use, reproduction, distribution, display, or sale of a work or invention that is protected by intellectual property laws. It essentially means someone is using your creative or innovative work without your permission, violating your exclusive rights as the IP owner.
There are several main types of IP, and therefore, several types of infringement.
Trademark cancellation is a legal process where an already registered trademark is challenged and, if successful, removed from the official trademark registry. This is distinct from a trademark opposition, which occurs before a mark is registered.
In the United States, most trademark cancellation proceedings take place before the Trademark Trial and Appeal Board (TTAB), an administrative body within the U.S. Patent and Trademark Office (USPTO).
Trademark opposition is a formal legal proceeding in which a third party (the "opposer") challenges the registration of a trademark application before it is actually registered by the intellectual property office. This process allows parties who believe they would be harmed by the registration of a new trademark to voice their concerns and prevent the mark from being officially registered.
In the United States, trademark oppositions are conducted before the Trademark Trial and Appeal Board (TTAB), which is an administrative board within the U.S. Patent and Trademark Office (USPTO).
IP licensing is a contractual arrangement where the owner of intellectual property (IP), known as the licensor, grants another party, the licensee, permission to use their IP for specific purposes and under defined conditions, usually in exchange for a fee or other consideration. The licensor retains ownership of the IP, while the licensee gains the right to exploit it without owning it outright.
This is a powerful tool for commercializing IP and expanding its reach, offering benefits to both sides.