Trademarks
A trademark is any word or symbol that is consistently attached to certain goods to identify and distinguish those goods from others in the marketplace. In other words, a trademark is basically like a brand name. Trademarks are a means of identification for a product (or services, in the case of a service mark) of a particular individual or company. This mark can be a symbol, slogan, word, design, or a combination of words and designs. Sometimes, trademarks are confused with trade names. Trade names only refer to the name of the company that sells the product or service. Trademarks are the name of the product or service that a particular company is offering for sale in the public. Trademarks are protected under federal trademark laws, and trade names are protected under state laws wherein the company resides.
Consumers often purchase a product or service because they associate a certain quality or reputation to the trademark or service mark. Service marks, which are also a form of trademark protection, are a name or symbol that identifies services rather than products provided by a company. Examples of service marks include “Blue Cross Blue Shield,” the health-care provider. Certification marks are a specific form of trademark protection, which consists of a name or a symbol identifying a particular group, board, or commission that judges the quality of goods or services. For example, in the U.S., we have power equipment certifications, such as “UL Approved.” The final form of trademark protection is referred to as collective marks. These consist of an identifying symbol or name showing membership in an organization, such as in the financial industries, the “FDIC.”
Trademark rights can last indefinitely; however, five to six years following the initial registrations, the registrant is required to file an affidavit stating that the mark is currently being utilized as intended, and the registrant must renew this mark every 10 years. The registrant and owner of a trademark must police it against infringements and assure that it does not fall into general use by others. Otherwise, the mark could become generic, and the trademark protection is then forfeited.
Obtaining a trademark can be (and often is) a time-consuming task, especially if the owner plans to market products nationally. Any approval of a federally registered trademark will take several months. Existing trademarks can be registered nationally (in the U.S.)—that is, providing the product is being sold through means of interstate commerce (i.e., the mark is utilized in two or more states). A trademark may also be registered within a state in the U.S.
If the mark will be utilized only within the state, then the mark needs only to be registered within the office of the Secretary of State. If the mark will be used in two or more states in the U.S., then it is eligible for federal registration through the U.S. Patent and Trademark Office.
Before one takes the steps to apply for registration of a trademark or service mark, it is paramount to understand if the trademark (or a similar trademark) already exists. This information is available on an individual state basis from the Secretary of State offices and on a national U.S. basis from the U.S. Patent and Trademark Office, within the U.S. Department of Commerce. There are U.S. state agencies that offer assistance by checking for existing trademarks.
Trademark infringement can be problematic whenever people attempt to use trademarks or symbols that closely resemble those utilized by existing companies. Therefore, U.S. state registration of a national trademark “look alike,” does not legitimize utilizing it, nor does it offer any protection against claims of the firm that already has the trademark nationally registered. One must check the national registration of existing trademarks before utilizing any trademark.
Although trademark registration is designed to prevent infringement from others, the entire responsibility of policing their already registered mark against infringement or general use is the responsibility of the trademark owner.
Definition: Trademark
trade·mark (
)—n.
Abbr. TM a name, symbol, or other device identifying a product, officially registered and legally restricted to the use of the owner or manufacturer.
A distinctive characteristic by which a person or thing comes to be known: the shuffle and snicker that became the comedian's trademark.
trade·marked, trade·mark·ing, trade·marks—tr.v.
To label (a product) with proprietary identification.
To register (something) as a trademark.
Trade-mark Trade"-mark'—n. A peculiar distinguishing mark or device affixed by a manufacturer or a merchant to his goods, the exclusive right of using which is recognized by law.