The USPTO trademark database includes federally registered trademarks (both the Principal and Supplemental Registers), trademarks for which federal registration has been applied, and trademarks that were formerly registered at one time but no longer are. Common law trademarks for which federal registration has never been sought are not in the USPTO database. A search for […]
Which trademarks are in the USPTO database? Read More »
A trademark lasts for as long as it continues to satisfy the five criteria for a valid trademark. It is important to distinguish between registration of a trademark and the existence of the trademark. Rights incident to the registration of a trademark can be lost by failing to renew the registration or through cancellation of
How long does a trademark last? Read More »
Use in intrastate commerce can satisfy the “use in commerce” requirement for a common law trademark. To qualify for federal registration, however, use in intrastate commerce alone is not enough. There must also be use in interstate or foreign commerce.
TM stands for trademark. SM stands for service mark. ®is reserved for trademarks and service marks that have been registered with the USPTO.
What do the TM, SM and ® symbols mean? Read More »
Yes, a copyright may be registered in a derivative work that is based on a public domain work if the modifications made in the derivative work are sufficiently original, creative, authored by a human, and fixed in a tangible medium of expression. You will need to exclude the public domain material from your claim.
Can I register a copyright in a derivative work that is based on a public domain work? Read More »
Actual damages, including lost profits, may be recovered for copyright infringement if they can be proven. In some cases, a court may require disgorgement of the infringer’s profits. Statutory damages may be recovered without proof of actual damages if certain criteria are met. The amount of statutory damages can range from $750 to $30,000 per
What amount of monetary damages may be awarded for copyright infringement? Read More »
If, in your application for registration of a copyright in a work, you failed to make a required disclosure of more than de minimis AI use, then you should file a supplementary registration application to correct the record.
Yes. Failing to include an appropriate AI disclosure in an application for registration to the U.S. Copyright Office when required can lead to cancellation of registration or potential legal challenges to the validity of the copyright. The U.S. Copyright Office can cancel or modify a registration if it discovers undisclosed AI use, and it has
To disclose the use of artificial intelligence (“AI”) in the creation of a work, specifically identify and describe the AI-generated content in the Limitation of Claim portion of the copyright application. In addition, you will need to specifically describe the human contribution to the work in the Author Created field. You can use the Note
Where in a copyright application should AI use be disclosed? Read More »
It may be necessary to disclose AI use in a copyright registration application even if you have made significant changes to the AI-generated content, if the AI-generated content was not de minimis. Copyright may be claimed in significant modifications that a human makes to AI-generated output. Copyright may also be claimed in a human’s selection,
