Trademarks
A trademark refers to a word, name, symbol or devices used in business to indicate where the goods came from, and to distinguish it from other goods. Trademark rights are used to prevent other people from using a similar mark and avoid confusion. It is established based on legitimate use of the mark in a business or commercial setting.
Legal protection for a trademark may be achieved in two ways:
- By actual and legitimate use of the mark
- By registering the mark at the US Patent and Trademark Office (federal) and with the appropriate state agency
Basically, the first user of a mark in business or the one who first initiates intent to use application with US Patent and Trademark Office has the ultimate right to use and registration. However, if a dispute later arise wherein several persons or businesses may claim common-law rights to a mark, it necessary for you to take additional steps to protect your rights to the mark.
In this case, registering a trademark may give you additional protection. Having a federal trademark registration may give you several advantages:
- It gives legal presumption of registrant’s ownership of the mark and exclusive right to use it nationwide in connection with the goods and services listed in the registration
- The ability to bring an action concerning the mark in federal courts
- It gives public notice of the registrant’s claim of ownership of the mark
- It can be used as basis to obtain registration in foreign countries
- It enables one to file with the US Customs Service to prevent importation of infringing foreign goods
Potential issues may arise involving the use of one’s trademark. Infringement, dilution, “tarnishment”, and weakening are some of the common cases of trademark abuse. Under federal and state laws such as anti-dilution statutes, one can file a suit to prevent a trademark from being used by another person.
Business and Corporate Attorney handle issues involving violations of intellectual property rights such as trademark infringement.
Call us at our toll-free number and have your case evaluated.