1. Hospitality Restaurant Training Center (HRTC)
B & S Consulting
Heather Horvath
3/25/2017

2. What is a Trademark?
A trademark is a symbol, picture, image, name, device, color, or word that a business uses to distinguish itself from its competitors (Sukys & Brown, 2017, p. 853).

3. Trademark Protection Protected by the Lanham Act
Owners Get Exclusive Rights
Ability to License Branding
Ability to Pursue Litigation for Infringement
Others Use of original trademark
Others Use of similar trademark

4. What is Copyright?
A copyright is an intangible property right granted to authors of literary, artistic and musical compositions (Sukys & Brown, 2017, p. 854).

5. Copyright Protection Protected by the Copyright Act
Protection for original works of authorship
Owners get exclusive rights
Right to reproduce in any form
Right to benefit from it financially

6. Fair Use Doctrine Section 107 of the Copyright Act
Limitations on exclusive rights
Not an infringement of copyright for purposes of:
Research
Scholarship
Teaching
(Cornell University Law School, n.d., para. 1)

7. Fair Use Doctrine
Four Factors that will weighed to determine if fair use applies:
The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
The nature of the copyrighted work;
The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
The effect of the use upon the potential market for or value of the copyrighted work.
(Cornell University Law School, n.d., para.2)

8. United States Patent and Trademark Office (USPTO)
Patent and Trademark Search Findings:
Identify likelihood of confusion
Exists
Same or similar to your mark
Used on related products or for related services
(United States Patent and Trademark Office [USPTO], 2017, para. 3)

9. USPTO and Other Search Engine Results
Used a combination of searches:
HRTC
Hospitality Restaurant Training Center
H in a broken circle
USPTO = 0 Similar Results Found
Other = Similar Results Found

10. Similar Result Findings
HRTC
Himachal Road Transport Corporation
Trademark Used
(Himachal Road Transport Corporation, (n.d.), image)

11. Does not diminish original mark (See Similar Results Findings pg.10)
File for Trademark
Hospitality Restaurant Training Center (HRTC) Trademark
H within a Broken Circle
Does not diminish original mark (See Similar Results Findings pg.10)

12. Trademark Application Process
Perform a complete search of the Trademark Electronic System (TESS)
Apply online with the Trademark Electronic Application System (TEAS)

13. References
Cornell University Law School. (n.d.). 17 U.S. Code 107 – Limitations on exclusiverights: Fait Use. Retrieved from
Himachal Road Transport Corporation. (n.d.), Image. Retrieved from
Sukys, P. & Brown, G. (2017). Business Law (14th ed.). New York:McGraw-Hill.
United States Patent and Trademark Office [USPTO]. (January 10, 2017). Trademarks: Application process. Searching trademarks. TESS Tips. Retrieved from