Patents | Trademarks | Copyrights | The Firm | The Process | Other Resources

    Article I, Section 8, of the United States Constitution, provides that the Congress shall have power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries". Under this clause, the federal government has exclusive power to grant Patents and Copyrights. Our Trademark law is derived historically from common law. Nevertheless, federal trademarks issued under the Trademark Act of 1946, as amended, are preemptive over state issued trademarks. The power of Congress to pass laws which govern trademarks is also based on the Constitution, also under Section 8, "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".

    The following overview on these web pages, provided by Mason, Mason & Albright, is intended to be of assistance, in particular, to those who may desire to obtain a patent or register a trademark or who are otherwise seeking guidance in a matter relating to intellectual property. It is not a substitute for legal advice applicable to specific situations. There are many exceptions and fine distinctions which arise in the intellectual law field. It is a large and continually changing area of law whereupon, in the ultimate, legal advice and opinion should be sought for your specific problems, questions and/or needs.

Patents | Trademarks | Copyrights | The Firm | The Process | Other Resources