Trademarks
What is a Trademark?
A
trademark is either a word, phrase, symbol or design, or combination of
words, phrases, symbols or designs, which identifies and distinguishes
the source of 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 explanation the terms "trademark" and "mark"
are used to refer to both trademarks and service marks whether they are
word marks or other types of marks. Normally, a mark for goods appears
on the product or on its packaging, while a service mark appears in
advertising for the services.
A
trademark is different from a copyright or a patent. A copyright
protects an original artistic or literary work; a patent protects an
invention.
Establishing
Trademark Rights
Trademark rights arise from either (1) actual use of the mark, or (2)
the filing of a proper application to register a mark in the Patent and
Trademark Office (PTO) stating that the applicant has a bona fide
intention to use the mark in commerce regulated by the U.S. Congress.
There
are two related but distinct types of rights in a mark: the right to
register and the right to use. Unlike
copyrights or patents, trademark rights can last indefinitely if the
owner continues to use the mark to identify its goods or services. The
term of a federal trademark registration is 10 years, with 10-year
renewal terms. However, between the fifth and sixth year after the date
of initial registration, the registrant must file an affidavit setting
forth certain information to keep the registration alive. If no
affidavit is filed, the registration is canceled.
Our
Services
Pauley Petersen & Erickson will conduct an initial search to see if the trademark is available for registration.
The Firm will do a broad based search covering FEDERAL and STATE
trademark databases and "Common Law" sources as well. We will
search your desired mark and variations of your mark in your specific
classification. If you wish
to pursue protection of a mark, the Firm can prepare and prosecute a
trademark application with the U.S. Patent and Trademark
Office.
