|
Type of property |
Commencement of
ownership |
Pre-approval by gov’t |
Effect of
recording/registration |
Preemption of state
law |
|
Tangible personalty |
Take possession |
No |
Not possible except for boats, automobiles and airplanes |
No |
|
Realty |
Delivery of deed or AP |
No |
Superior claim |
No |
|
Trade secret |
Crystallization of idea that confers competitive advantage bcs secret |
No |
Not possible |
No |
|
Copyright |
Fixation of original expression |
No; registration virtually automatic |
SMJ in federal court; prima facie validity |
Yes |
|
Trademark |
Use of distinctive mark in commerce |
Yes, except at common law |
Establishes federal TM; prima facie validity |
No |
|
Patent |
Approval by USPTO |
Yes |
Establishes property interest; prima facie validity |
Yes |