By contrast, a copyright protects an original artistic or literary work, and a patent protects an invention. Licensing Program is distinct from the University of Iowa Research Foundation and has been charged with the responsibility of providing direction and guidelines and monitoring the use of indicia for The University of Iowa. Trademark protection may also be pursued in association with an invention arising from UI research. Generally, the first party who either uses the mark in commerce or files an application in the PTO has the ultimate right to register the mark. However, only a court can make a determination about the right to use a trademark.
Federal registration can secure benefits beyond the rights acquired by merely using a mark.
For example, the owner of a federal registration is presumed to be the owner of the mark for the goods and services specified in the registration, and to be entitled to use the mark nationwide. A U.S. registration provides protection only in the U.S. and its territories. When seeking trademark protection, the UIRF will typically utilize the services of a trademark attorney. Trademarks can also have meaning and be suggestive of its product, but can not be too highly descriptive. In making a decision about whether a mark should be registered, the PTO will conduct a search to determine if there are potential conflicts.