Trademarks

A trademark can be a letter, word, name, symbol, device, etc., used in commerce to indicate the source of a product and to distinguish it from similar products. A service mark is similar to a trademark, except that it identifies the source of a service rather than a product. From a legal perspective, there is no fundamental difference between the two.

The owner of a trademark has the right to prevent others from using a similar or confusingly similar mark for related products or services. However, they do not have the right to prevent others from using clearly distinct marks for selling the same products or offering similar services. Trademarks that are used across states or countries can be registered with the United States Patent and Trademark Office (USPTO).

A trademark becomes effective when it is used, not only when it is registered. Even an unregistered trademark that is consistently used may carry legal rights. So why register a trademark?

The benefits of registering a trademark include:

• It publicly declares your ownership of the trademark.
• Ownership of a registered trademark means you alone have the legal right to use it, and this right is protected by law.
• The owner of a registered trademark can file lawsuits in federal court.
• You can use your U.S. trademark registration as a basis to register your trademark in other countries.
• You can record your trademark with U.S. Customs and Border Protection to help prevent infringing goods from entering the U.S. market.
• Other advantages, such as gaining leverage in negotiations with buyers or competitors.