Trademarks

Trademarks are symbols, words, names, or devices which are used in trade with goods to specify or distinguish the source company of the goods. Trademark rights are used to prevent others from using a confusingly similar mark.

Interstate or foreign commerce trademarks can be registered with the U.S. Patent and Trademark Office, and most trademarks can also be registered in specific states. However, a trademark does not have to be registered in order for rights to be held by a company or individual. Rights can be maintained based on legitimate use of the mark in a business or commercial setting.

Trademark Protection by Use

Trademark rights can be established based on “legitimate use” of the design or symbol. This protection is acquired through legitimate use of a mark for commercial or business purposes. This protection is sometimes referred to as common law trademark rights. An “intent to use” application can be filed with the U.S. Patent and Trademark Office for the ultimate right to use a trademark. A dispute can arise if more than one person or business claims “common law” rights to a mark, so taking additional steps to protect your rights to a mark (such as registration) can be more effective than relying on common law rights alone.

Trademark Protection by Registration

Registering a trademark offers additional protections for the mark’s owner. Owning a federal trademark registration provides many advantages, including:

an effective notice to the public of the registrant’s claim of ownership of the mark
a presumption of the registrant’s legal ownership of the mark and right to use the mark nationwide on or in connection with the goods and services listed in the registration
the right to take action concerning the mark in federal court
the ability to obtain registration in foreign countries based on U.S. registration
the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods

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