
Engineering Design 
385 
mark used in the sale or advertising of services to identify the services of one individual 
or company and distinguish them from the services of others 
[87,88]. 
Unlike a patent, but like 
a 
copyright, ownership of a trademark or service mark 
is 
acquired by use. An individual or company using the mark within a state may register 
the mark in that state. The Secretary of State within each state has the forms for the 
registration of a trademark or service mark. Once a mark has been used in interstate 
or foreign commerce, the mark may be registered in the 
U.S. 
Patent and Trademark 
Office. This 
is 
accomplished by  filing an application to that office (see Referencc 
87). 
Prior 
to 
receking federal registration of the mark, the symbols 
lM 
and 
ss‘ 
may be 
used (these symbols give notice that the marks have been filed with the state). After 
the mark has received federal registration the symbol 
@ 
should be used. 
There are two classes of registration for a mark. The Principal Register 
is 
for uniquc 
and distinctive marks that when applied to products and services are not 
likely 
to 
cause confusion 
or 
deception. To 
be 
registered on the Principal Register a mark must 
be in continuous, exclusive interstate use.  Marks not registrable on the Principal 
Register may be registered on the Supplemental Register. 
The term 
of 
a 
federal registered trademark and service mark 
is 
20 
years.  In 
order 
to 
secure the mark for the full 
20 
years, an affidavit must be filed with the 
Commissioner of Patents and Trademarks in the sixth year showing the mark is 
still in use. 
It 
is advisable to conduct 
a 
search in the 
U.S. 
Patent and Trademark 
Office to determine whether a mark  under consideration might  conflict with 
existing registered marks.  Trademarks and service mark  registrations may be 
assigned after registration. 
Once federal certification of  a mark  has been  issued,  thc mark 
is 
protectcd 
nationwide. Any  infringement by  an individual or company of a mark after federal 
registration can be subject to damage claims by the mark owner in U.S. District Courts. 
Foreign countries require registration  of a mark in compliance with local laws. 
The local laws vary a great deal; thus, it 
is 
necessary to consult a local attorney 
01- 
ii 
U.S. 
attorney familiar with foreign patent and trademark law  in order to register 
a 
mark in a foreign country. 
Information concerning the registration of marks in the 
U.S. 
may  be obtained 
from the Commissioner of Patents and Trademarks, Washington, 
D. 
C., 
20231. 
Copyrights 
The copyright protects creative works such a literary works, musical works, dramatic 
works, pictorial, graphic, sculptural, motion pictures and other audio-visual works, 
and computer software. It is the later that is of most concern to the engineer 
[89,90]. 
Registration for copyright protection may be obtained by application to the Register 
of Copyrights, Library of Congress, Washington, 
D. 
C., 
20540. 
This registration must 
take place on or about the time of the first sale of the creative work. The forms for 
application are obtained from the address above (the application fee 
is 
$10) 
The notice 
of 
copyright is given by  “copyright” 
or 
the abbreviation “Copr” or by 
the symbol 
0. 
The notice must be accompanied by the name of the copyright owner 
and the year 
of 
the first publication. Like a patent, only the author 
of 
the creative 
work can be the copyright owner. However, an assignee may file for the copyright on 
behalf of the author of a creative work. In general, the term of a copyright is for the 
life 
of 
the author (of the creative work) plus 
50 
years. Any infringement by 
an 
individual 
or company of 
a 
registered copyright can be subject to damage claims by  the creative 
work owner or assignee in 
US. 
District Courts. 
Under the Universal Copyright Convention, a 
U.S. 
citizen may obtain a copyright 
in most countries of the world by  simply publishing within the 
U.S. 
using the 
0 
symbol and the appropriate author and date 
of 
publication notices (only the 
0 
symbol 
is recognized worldwide).