Trademarks

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identify and distinguish the source of goods of one party from those of others.

Over time a trademark comes to signify a certain measure of quality in the particular good or service. Trademarks can therefore be used as an effective marketing tool.

Why Trademark?

If you are currently selling or plan to sell goods and/or services you should have a unique symbol or mark that you use to distinguish your goods/services from other similar goods/services. There are a few different ways of doing this including affixing a label to your merchandise with a unique name or logo on it, or creating unusual packaging that lets consumers know that the goods/services for sale originate from you.

The mark you choose makes a big difference as far as getting it registered as a U.S. Trademark. Your mark should be distinctive (i.e. different from existing marks) and should be non-descriptive. Non-descriptive means that your mark does not directly describe the goods/services you are selling. The best types of marks for purposes of registration are fanciful marks that say nothing about the goods/services. Examples of fanciful marks are REEBOK for shoes, and KODAK for cameras.

The appropriate symbol to use for marks that have not yet been registered is the TM symbol or the word Trademark. The TM symbol puts others on notice that you claim ownership rights in the mark. Once your mark is registered, you can use the ® symbol. Federal registration gives the trademark owner federally enforceable rights throughout the United States. Our office offers fast and affordable trademark searches and applications. See our fees page for more details.

Benefits of Federal Trademark Registration

• Provides constructive notice to the public of the claim of ownership of the mark.
  
• Creates a legal presumption that you own the mark and have exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration.
  
• Allows you to enforce your trademark rights in Federal Court.
  
• Allows you to use your federal trademark as a basis to obtain registration in foreign countries.
  
• Allows you to file your U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods

Types of Trademarks

• Word mark - a trademark consisting of words or a phrase. Word marks can be stylized to make them more distinctive.

• Design mark - a trademark consisting of a graphic, such as a logo.

• Composite mark - a trademark consisting of a logo and one or more words.

• Service mark - A mark used to indicate the origin of services as opposed to goods.

• Trade dress - the appearance of a product or its packaging that distinguishes the product in the marketplace and indicates its unique origin.

Types of Trademark Applications

• Use based application - this application is based on actual use of the mark in commerce to identify goods or services in the marketplace.

• Intent to use - this application is based on an intent-to-use the mark in commerce. A statement of actual use must be filed within 6 months of the mailing date of the Notice of Allowance.

Applying for a Trademark

• Step 1: Conduct a search of federal, state, and common law marks. A comprehensive national search of existing marks will help determine whether your mark is available for registration and will help you avoid infringing another mark.

• Step 2: File a trademark application based on actual use or intent to use the mark.

• Step 3: Respond to any office actions issued by the Trademark Examiner assigned to your case.

• Step 4: Respond to any oppositions to your published mark.

• Step 5: A Notice of Allowance (intent-to-use applications) or a Certificate of Registration (use-based applications) is issued.

Order a trademark search