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Registering your trademark gives you 15 years of exclusive rights to use it, and you can renew it indefinitely, as long as you are still using the trademark.
Intellectual property, including trademarks, is classified under the definition of general intangibles. One obtains a security interest in a trademark by obtaining a written grant of a security interest from the debtor.
Security interest refers to an enforceable legal right that has been pledged by the owner, usually, to a financier, to obtain a loan. In other words, a registered or pending trademark which is an intangible property can now be used as a form of collateral to secure a loan from a financier.
Accordingly, the proper method for perfecting a security interest in a registered copyright is recording the security interest with the Copyright Office in order to give all persons constructive notice of the facts stated in the recorded document, rather than filing a financing statement under Article 9. Id.
Trademarks are protected by intellectual property rights. How can I protect my trademark? At the national/regional level, trademark protection can be obtained through registration, by filing an application for registration with the national/regional trademark office and paying the required fees.
However, generally speaking, the primary ways for a secured party to perfect a security interest are:by filing a financing statement with the appropriate public office.by possessing the collateral.by "controlling" the collateral; or.it's done automatically upon attachment of the security interest.
As with trademarks: to perfect a security interest in patents, file a UCC-1 financing statement; and, as icing on the cake, record a short document detailing the security interest with the USPTO within three months of the effective date (like other documents recorded under the Patent Act).
The four main types of intellectual property are patents, trademarks, copyrights, and trade secrets.
Trademark law governs the use of a device (including a word, phrase, symbol, product shape, or logo) by a manufacturer or merchant to identify its goods and to distinguish those goods from those made or sold by another. Service marks, which are used on services rather than goods, are also governed by 'Trademark law.
An effective copyright notice, whether registered or unregistered, should include three elements that can appear as a single continuous statement:The copyright symbol © (or for phonorecords, the symbol 2117); the word copyright; or the abbreviation copr.;The year of first publication of the work; and.More items...a¢