Trademarks - Fast FAQs
What is a trademark?
A trademark is any combination of words, symbols and/or designs applied to goods for the purpose of identifying the source of those goods. For example, the unique “Chiquita” label is a trademark distinguishing bananas supplied by Chiquita Brands International from bananas distributed by someone else.
What is a service mark?
A service mark is identical to a trademark except it is used in association with a service instead of goods, and typically applied to advertising or other materials related to the service. For example, “Like a good neighbor, State Farm is there” is the well-known service mark of State Farm Insurance.
The terms “trademark” or “mark” are commonly used to refer to both trademarks and service marks.
Do I have to register my trademark?
No. You can create and use your own unique trademark at any time without registering it.
Why would I want to register a trademark?
State and federal laws protect your rights to exclusive use of your trademark whether you’ve registered it or not. Your legal rights are stronger and more enforceable, however, if you’ve registered your mark.
How do I register a trademark?
If your trademark is used only within a single state, you should register it with the appropriate state agency. Registration typically involves submitting:
- An application
- A drawing depicting the mark you want to register
- A specimen demonstrating your mark being used on a product or in advertising for a service
- An application fee.
You can find more specific information by typing your state name and “trademark” into any search engine.
If you use your trademark in more than one state, you should instead submit an application to the U.S. Patent and Trademark Office. If approved, this provides you with nationwide protection for your mark.
Can a trademark registration application be denied?
Yes. The purpose of a trademark is to distinguish the goods or services of one company from those of another. With over 4 million marks in the federal trademark database, it wouldn’t be difficult for you to accidentally create a mark that is similar to one already registered. If the trademark examiner believes your mark could be confused with one already registered for related goods or services, your application for registration will be refused.
Your application can also be refused if you’re not actually using the trademark in interstate commerce. Applications may also be refused if your mark is primarily words that are merely descriptive of the product or service, if they are deceptive, or if the trademark is principally just an individual’s name or a business trade name, among other reasons.
Do I have to register to be able to use the “TM” or “SM” symbol with my trademark?
No, you don’t have to register the mark to use those symbols. In fact, you’re encouraged to use the “TM” or “SM” symbol with your mark when you want to make it clear to others that you claim that mark as your trademark. If you don’t “claim” the mark, it may be difficult to stop someone else from using it or using one deceptively similar.
Can I use the ® symbol?
It is illegal to use the ® symbol until you receive your trademark registration from the U.S. Patent and Trademark Office.
Related Articles
- Internet Trademark Infringement Cases
- The Web 2.0 Service Mark Controversy
- Service Marks vs. Trademarks
Did you enjoy this article? Why not leave a comment below and continue the conversation, or subscribe to my feed and get articles like this delivered automatically to your feed reader.
Comments
No comments yet.
Leave a comment