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What is a trademark?
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. Examples of well-known trademarks include the brand name "Coca-Cola", the Nike "Swoosh" symbol, and the "Golden Arches" of McDonald's.
Trademark Protection in the U.S.
Trademark rights exist on three levels: at common law, by state registration, and by federal registration.
Common law marks are marks protected because they have been adopted and used, and the public recognizes the products or services identified by the mark as coming from a particular source.
State registration systems exist throughout the country to allow the owners of common law marks to register them if they are used within a particular state.
As commerce between the various states evolved, the federal system of registration emerged to provide protection for marks in interstate commerce. Federal protection may be available for the name of your product and/or service, a logo or any other mark that identifies you as the source of a product or service. Common law and state registration rights will be enhanced by the benefits associated with federal registration.
Is registration of my mark required?
Federal trademark registration is not required. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration provides several advantages:
* constructive notice to the public of the registrant's claim of ownership of the mark;
* a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
* the ability to bring an action concerning the mark in federal court;
* the use of the U.S registration as a basis to obtain registration in foreign countries; and
* the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
When can I use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO has registered your mark.
How long is my trademark valid?
Your rights in a trademark continue as long as you use the mark. Federal trademark registrations are valid for ten years, but you may renew your registration every ten years for as long as you continue to use the mark in interstate commerce. Failure to file a renewal application after ten years will cause the trademark to lapse, and federal trademark protection will cease.
Does my US registration protect my trademark internationally?
A US trademark registration does not have any direct effect in other countries. However, under the provisions of various treaties a U.S. registration may be used as the basis for filing applications to register your mark in other countries.
In this current global economy, you should consider federal trademark registration, as well as trademark rights throughout the world.
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