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Trademarks are a form of intellectual property. A trademark is a word, phrase,
symbol or design, or a combination of words, phrases, symbols or designs,
that identifies and distinguishes the source of the goods of one party from those
of others. A service mark is the same as a trademark, except that it identifies
and distinguishes the source of a service rather than a product. Throughout this
article, the terms "trademark" and "mark" refer to both trademarks and service
marks.
One major question that you may ask is, "Is the registration of my mark
required?" The answer is no. Trademark rights are granted based on use. You
can establish rights in a mark based on legitimate use of the mark. However,
owning a federal trademark registration provides several advantages, e.g.,
• 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.
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 US Patent and Trademark
Office or any other Trademark office. However, you may use the federal
registration symbol "®" only after the USPTO actually registers a mark. Also,
you may use the registration symbol with the mark only on or in connection
with the goods and/or services listed in the federal trademark registration.
Most applicants for trademarks base their application on their current use of
the mark in commerce, or their intent to use their mark in commerce in the
future. When applying you must list the specific goods/services for which
registration is sought, regardless of the basis for the application. If based on
use in commerce, you must already be using the mark in commerce on or in
connection with all the goods and/or services listed. If based on intent to use
and/or a foreign application or registration, you must have a bona fide intent to
use the mark in commerce on or in connectionwith all the listed goods and/or
services. For the purpose of obtaining federal registration, "commerce" means
all commerce that the U.S. Congress may lawfully regulate; for example,
interstate commerce or commerce between the U.S. and another country.
"Use in commerce" must be a bona fide use of the mark in the ordinary course
of trade, and not use simply made to reserve rights in the mark. Generally,
acceptable use is as follows:
For goods: the mark must appear on the goods, the container for the goods, or
displays associated with the goods, and the goods must be sold or transported
in commerce.
For services: the mark must be used or displayed in the sale or advertising of
the services, and the services must be rendered in commerce.
Like any other property, trademark rights in a work may be transferred by the
owner to another.
Your intellectual property rights are some of the most valuable assets that you
have. If someone uses your trademark or a mark that may cause a likelihood
of confusion without authorization, you may be entitled to bring an infringement
action against them to protect your rights.
Trademark Fees
Have a mark you want to register?
Fill out this form and fax or email it to us!
Contact:
Trademark@FurrLawFirm.com
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Trademarks
