Intellectual Property ◾ 205
A trademark is a recognizable sign, design, or expression that identies
products or services of a particular source from those of others.
Ford, Lexus,
Apple, and Microsoft are examples of trademarks.
A service mark is any word, symbol, or phrase that identies services
rendered by a company and distinguishes them from others; for example,
“Fly the Friendly Skies” by United Airlines.
Table10.1 Intellectual Property
Patents Provide rights for up to 20 years for inventions.
A patent does not grant an absolute right to make or sell the
invention.
Utility patents Useful processes, machines, articles of manufacture, and
compositions of matter. Examples: ber optics, computer
hardware, medications.
Design patents New, original, and ornamental designs for articles of
manufacture. The look of an athletic shoe, look-and-feel of
software, a bicycle helmet, and the Star Wars characters are all
protected by design patents.
Plant patents Invented or discovered, asexually reproduced plant varieties.
Hybrid tea roses, Silver Queen corn, Better Boy tomatoes,
Russet potatoes, and Madelia onions are all types of plant
patents.
Trademarks Words, names, symbols, sounds, or colors that distinguish
goods and services. Trademarks, unlike patents, can be renewed
forever as long as they are being used in business. The roar of
the MGM lion, the pink of the Owens-Corning insulation, and
the shape of a Coca-Cola bottle are familiar trademarks.
Copyrights Works of authorship, such as writings, music, and works of art
that have been tangibly expressed. The Library of Congress
registers copyrights created by an individual, which last the life
of the author plus 70 years. For a work created for an employer,
the copyright lasts the shorter of 95 years from publication or
120 years from the date of creation.
Trade Secrets Information that companies keep secret to give them an
advantage over their competitors. The formula for Coca-Cola is
one of the most famous trade secrets.
Trade dress A legal term of art that generally refers to characteristics of the
visual appearance of a product or its packaging (or even the
design of a building) that signify the source of the product to
consumers.