1. CREATIVITY IN BLOOM A trademark of the Public Education Committee of the American Intellectual Property Law Association (AIPLA) Trademark Expo 2010

2. What is a Trademark? A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of goods of one party from those of others.

3. What is a Trademark? A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service, rather than a product. “Trademark" and "mark" are both used to refer to both trademarks and service marks.

4. Why Protect a Trademark? A trademark registration provides: Constructive notice to the public of the registrant's claim of ownership of the mark Registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration

5. Why Protect a Trademark? A trademark registration also provides: The ability to bring an action concerning the mark in federal court; A basis for registration in foreign countries; The ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods

6. What is AIPLA? American Intellectual Property Law Association (AIPLA) is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community.

7. What is AIPLA AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright, trade secret, and unfair competition law, as well as other fields of law affecting intellectual property.

8. AIPLA’s Public Education Committee Mission: To educate the public, regardless of age, on the benefits and value of intellectual property through greater understanding of its meaning To promote cooperation on this effort with the rest of the IP community, while pursuing similar goals and objectives with other AIPLA Committees.

9. AIPLA’s Public Education Committee Objective/Strategic Goals To Achieve Mission: Develop a simple consensus message, and advocate the value and history of Intellectual Property (Patents, Trademarks, Copyrights).

10. AIPLA’s Public Education Committee Work to cooperate with other members of the IP community to learn from their experience and align messages and efforts towards common goals. Educate others on AIPLA’s efforts and what the organization provides to its members, the IP community, the government, and the public.

11. Creativity In Bloom The Design Designed originally to develop the Public Education Committee website, the Creativity in Bloom logo was selected to show the importance of growth of individuals through education. The phrase “Intellectual Property” was added to emphasize the focus of the website.

12. Creativity In Bloom The Design Products of the mind are created “by the hand of man,” so the tree of life theme, representing “growth” and the hand, were combined into the design.

13. Creativity In Bloom The Design Intent was to illustrate all types of Intellectual Property. Patents: Mechanical: gear Energy: atomic particle Physics / Electronics: wave pattern Biotechnology: leaves Chemistry: flask and contents Computers: 010110

14. Creativity In Bloom The Design Design also includes: Trademarks: ® Fed. Trademark Registration symbol. Copyrights: Music (treble and base clefs) and filmstrip symbols

15. Creativity In Bloom The Design Background: Behind the symbols are swirls of color. These design elements represent base leaves on the hand tree, showing the symbolic blooming of creative ideas as fruit or flowers.

16. Trademark: Federal Registration You get exclusive right to use your trademark simply by using it. Registration is not required, but it has benefits. Registration gives no additional rights against infringement.

17. Trademark: Federal Registration However, registration may prevent someone else's unintentional infringement of your trademark. Registration gives other business owners notice. Then they can find your mark through a trademark search so they do not use it without permission.

18. Trademark: Federal Registration If someone does infringe your trademark, registration helps prove your prior user rights.

19. Rights of Others to Their Trademarks Be sure that your proposed trademark will not infringe someone else's trademark. Determine whether your proposed trademark might infringe on marks of other owners by conducting a trademark search.

20. Your Rights to Your Trademark Law suits may be avoided if you simply contact the other party. Owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of the mark.

21. Your Rights to Your Trademark Owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area – within which it has been used, or into which it may be reasonably expected to expand.

22. Trademark Symbols A trademark is designated by the following symbols: –™ (for an unregistered trademark, although used to promote or brand goods) – ℠ (for an unregistered service mark, although used to promote or brand goods). A trademark used in association with services - rather than products - may be called either a trademark or a service mark. Both are correct.

23. Trademark Symbols ® This is a special symbol used only for registered trademarks. It may not be used on any trademark that is not actually registered and searchable.

24. Trademark Symbols See the ® used with the registered mark AIPLA, and the ™ used with the design mark (applied for, but not yet a registered trademark)

25. Trademark Expo 2010 AIPLA is pleased to work with the US PTO in this Expo to display its new mark: Through the efforts of AIPLA and its Public Education and Trademark Committees

26. Trademark Expo 2010 Please enjoy the show