Trademark Law

Trademark law regulates the use of a mark including a word, phrase, symbol, product shape, or logo by a maker, company, or other commercial entity to identify its goods and to set apart those goods from those manufactured or sold by others.

Trademark law also regulates service marks, which are used on services rather than goods. However, to receive the maximum federal protection, a trademark must be distinctive and registered with the U.S. Patent and Trademark Office (PTO). A federal registered mark is protected on a national scale scope. A trademark which is registered with PTO should be marked with the ® symbol and unregistered trademark should be marked with a “tm.”

A trademark that is protected only under common law rights can be used where there is no geographic overlap in the use of the marks. A trademark rights can last for an indefinite period so long as the owner of the trademark maintain using it to identify its goods or services. A federal trademark registration initial term is ten years, but the owner has the alternative to renew the term for additional ten years. However, the registrant must file an affidavit between the fifth and sixth years of the initial registration term confirming the need to keep the registration alive in accordance with the Patent and Trademark Office (PTO) stipulation. The registration will be canceled and other companies can pursue the mark for their own use when no affidavit is filed,

Types of trademarks:

Trademarks – a word, symbol or design used to identify and distinguish goods.

Service marks – a word or design used in association with the sale or advertising of services identifying those services and distinguishing them from the service of others.

Certification mark – a mark used to certify that goods or services meet certain standards of quality or regulatory compliance.

Collective mark – a mark used to identify members of an organization.

Purpose of Trademark:

Prevent Deception: To protect consumers from mistake, confusion, or deception as to the origin of goods or services.

Goodwill: To allow businesses owners to make investment into their business’s goodwill without fear of others profiting from it and to prevent potential competitors from using the mark and establish a closer association and brand dominance.