All forms of intellectual property must be protected by registration with a federal agency or they cannot be protected.

Copyright protection is available only for serious works of literature.

Most trademark and patent applications are filed electronically.

Trade secrets can last forever if they are properly protected.

Just as trademark rights can arise from use of a mark (without the need for federal registration), so can patent rights.

All forms of intellectual property are governed by extensive federal statutes.

Patents exist only upon issuance by the U.S patent and trademark office.

Trademark rights arise only upon issuance of a trademark registration certificate from the USPTO.

To be federally registable, a mark must be in interstate commerce .

An application for registration of a trademark may be based either on actual use of a mark or on one's bona fide intent to use the mark.

A descriptive mark can be registered with the USPTO only on proof that it has acquired secondary meaning.

Any shape or configuration may be registrable as a trademark.

A fragrance or color may be registrable as a trademark.

Some marks (e.g., SMOKEY BEAR0 are protected by special federal statutes.

There is no requirement that one file an application with the USPTO .

American Occupational therapists Association (to show membership in an organization).

American Airlines (for transportation services)

Nestle Crunch (for candy bars)

Wisconsin Cheese (for cheeses originating in Wisconsin)

Colors and shapes may be registrable as trademarks if they are not.

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